LEGAL TERMS OF SERVICE
Please read these Legal Notices carefully. Each time you access any portion of this website, you agree to be bound by the current version of the terms and conditions below, as they may be amended from time to time. If you do not agree to these terms and conditions, please exit the site immediately.
If any of our promotional content such as the images, photos, pictures, videos or other media happens to be your work posted here, and you don’t want it to be posted on our website, and/or you want it removed/credited, please contact us at firstname.lastname@example.org and we will take the necessary actions within 48 hours.
Effective Date: September 1, 2016.
1. Ownership of Site; Agreement to Terms of Service
These Terms and Conditions of Service (the “Terms of Service”) apply to the Tamaggo web site located at www.tamaggo.com, and all associated sites linked to www.tamaggo.com by Tamaggo, its subsidiaries and affiliates, including Tamaggo sites around the world (collectively, the “Site”). The Site is the property of Tamaggo Holding SA (“Tamaggo”, “we”, “us” or “our”) and its licensors. By using the Site and/or purchasing something from us, you engage in our “Service” and you agree to these Terms of Service and policies referenced herein and/or available by hyperlink, including additional terms and conditions; if you do not agree, do not use this Site. These Terms of Service apply to all users of the Site, including, without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Tamaggo, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may use information on our products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by us for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3. Your Use of the Site and Prohibitions
You are prohibited from the following:
• (a) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• (b) Crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photo (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent), to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
• (c) Obtaining unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tamaggo server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
• (d)With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself.
• (e) Soliciting, collecting or using the login credentials of our users.
• (f) Scanning or testing the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
• (g) Proceeding to a reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tamaggo, including any Tamaggo account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
• (h) Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tamaggo’s systems or networks, or any systems or networks connected to the Site or to Tamaggo.
• (i) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
• (j) Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site.
• (k) Pretending that you are, or that you represent, someone else, or impersonate any other individual or entity.
• (l) Using the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes our rights or others.
4. Accuracy, Completeness and Timeliness of Information
We are not responsible if information, made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update information on our Site. You agree that it is your responsibility to monitor changes to our Site.
5. Software License
In these Terms of Service, “Software” means any software which is delivered or installed with the Products including without limitation operating systems, bundled software, stand-alone software and downloadable software.
We grant to you a non-exclusive limited license to use the Software solely in conjunction with the Product on which it is installed or delivered (“License”). Ownership of the Software is not sold, transferred or otherwise conveyed. You are prohibited from reverse engineering, reverse-assembling, decompiling, altering, reproducing, modifying and/or decoding the Software. You are entitled to transfer his/her rights and obligations to the Software to a third party, solely together with the Product with which you received the Software, provided the third party agrees to be bound by the terms of this License.
The license shall exist throughout the useful life of the Product and may be terminated by transferring your rights in the Product to a third party. Failure to comply with any of the terms and conditions of this License will terminate the License immediately.
We and our third party suppliers and licensors shall retain all rights, title and interest in and to the Software. We, and, to the extent that the Software contains material or code of a third party, such third party shall be entitled third party beneficiaries of these terms.
We shall comply with applicable export, re-export, transfer or resale of products or the provision of services and related technical data.
7. Optional tools
We may provide you with access to third party tools which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
8. Links to Other Sites and to the Tamaggo Site
There may be links from the Site, or from communications you receive from the Site, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Site. The Site also includes third-party content that we do not control, maintain or endorse. Functionality on the Site may also permit interactions between the Site and a third-party web site or feature, including applications that connect the Site or your profile on the Site with a third-party web site or feature. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Site or your profile on the Site with a third-party service (each, an « Application ») and such Application may interact with, connect to or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Site being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Tamaggo Parties (defined below) harmless for activity related to the Application.
9. User comments, Feedback and Other submissions
If, at your request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property of these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. Your further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain computer virus or other malware that could in any way affect the operation of the Service, the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Errors, Inaccuracies and Omissions
Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the Site and Service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or any related website has been modified or updated.
TAMAGGO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TAMAGGO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TAMAGGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAMAGGO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TAMAGGO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TAMAGGO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. Limitation of Liability
Except where prohibited by law, in no event shall Tamaggo, our directors, officers, employees, affiliates, agents, contractors, internes, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct or indirect, incidental or punitive, special, or consequential damages of any kind, including without limitation loss of profits, loss of revenue, loss savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, (including negligence), strict liability or otherwise, arising from your use of any service, or any products procured using the service, the Site will Tamaggo be liable to you for any indirect, consequential, exemplary, incidental or punitive damage or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in the exclusion or the limitation of liability for consequential or incidental damages any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You (and also any third party for whom you operate an account or activity on the Site) agree to defend (at our request), indemnify and hold Tamaggo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of the Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
14. Violation of These Terms of Service and Termination
The obligations and liabilities of the parties prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Site. You will remain liable for all amounts due up to and including the date of termination whether by you or us.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Tamaggo, its employees, users of or visitors to the Site, and the public.
You agree that we may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If we do take any legal action against you as a result of your violation of these Terms of Service, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.
15. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site and the Service, including all disputes, will be governed by the laws of Geneva, Switzerland. Any claim or controversy arising out of or relating to these Terms of Service, the Site and Service shall be settled by arbitration in Geneva, Switzerland before a neutral arbitrator in accordance with the arbitration rules under the Code of Civil Procedure of Switzerland. If the parties cannot agree on a single arbitrator, each party shall appoint an arbitrator, and the two arbitrators shall agree to a third, neutral arbitrator. The parties shall share the fees and expenses of arbitration, provided however, that the arbitrator(s) shall be empowered to award costs of arbitration and attorneys’ fees as part of any award. The arbitrator(s)’ decision shall be final and legally binding on the parties, and shall be rendered in a manner to permit enforcement of the award in any court of competent jurisdiction. Any claim under these Terms of Service, the use of the Site and Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Notwithstanding the foregoing, we reserve the right to institute proceedings against you in the courts where you have a seat or in any jurisdiction where harm to Tamaggo is occurring.
16. Void Where Prohibited
We administer and operate the www.tamaggo.com from its location in Geneva, Switzerland; other Tamaggo sites may be administered and operated from various locations outside Switzerland. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Switzerland. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Switzerland, you do so, on your own initiative and you are solely responsible for complying with applicable local laws.
If our ability to manufacture and deliver the Product shall be curtailed or limited, directly or indirectly, by an impediment beyond our control such as fires, embargoes, labour difficulties, lack of means of transport, inability to obtain supplies, acts of governmental bodies or agencies, and restrictions in the use or supply of energy, the occurrences shall constitute valid grounds for the suspension of delivery to you upon notification and without penalty to us. In such a case, the date of delivery shall be extended for a period equal to the delay and we shall forthwith notify you of the occurrence of such an event and shall indicate, as soon as possible, the revised date for delivery. In the event that the delay continues for more than two (2) months, we may elect to terminate these Terms of Service with immediate effect without incurring any liability.
You may not assign these Terms of Service nor any Order related thereof and you may not delegate its duties under these Terms of Service without our prior written consent, which shall not be unreasonably withheld. Upon notice to you and without your consent, these Terms of Service may be assigned by us to any person in place of Tamaggo as the contracting party.
If any provisions, either in part or in full, of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and these Terms of Service will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect to the parties with respect to the unenforceable provision and the remaining portions of these Terms of Service shall remain in full force and effect.
No modification of these terms of Service shall be binding unless in writing and signed by an authorized representative of Tamaggo.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable export laws or regulations.
These Terms of Service constitute the entire agreement between you and Tamaggo with regard to your use of the Site and the Service, and any and all other written or oral agreements or understandings previously existing between you and Tamaggo with respect to such use are hereby superseded and cancelled.
Other than as provided in a purchase agreement you enter into with us, we will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Service.
These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
We provide access to our international data and, therefore, may contain references or cross references to our products, programs and services that are not announced in your country. Such reference does not imply that we in your country intend to announce such products, programs or services.
For any further information about our current Terms of Service, Warranty, License, Shipping Policy, Return Policy and other policies and procedures, please visit our website at www.tamaggo.com or contact our customer support on said website or at the following coordinates.
18. Credits photos
Photo « We Love Barcelona » – Droit d’auteur : na7tiu6ka
Tamaggo Enterprises SA
14, rue du Mont-Blanc
Last updated: July, 2017.