May 7, 2018
BY REGISTERING FOR THE SITE OR SERVICE, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NomadTag is not responsible for third party access to your account that results from theft or misappropriation of your account.
EU General Data Protection Regulation (GDPR)
Due to the onerous requirements of the EU General Data Protection Regulation (GDPR), residents of European Union countries are barred from registering accounts on this site and from purchasing any premium services. By registering for an account, you certify that you are not a European Union resident. NomadTag does not do business in the European Union and does not recognize the extra-territorial scope of the GDPR.
Review of User Conduct and Content
We may review your conduct and content for compliance with these Terms. However, we have no obligation to do so. We aren’t responsible for your compliance with these Terms.
External and Embedded Content
Content may be "embedded" on this site from external services including, but not limited to YouTube, Twitter, Instagram, and Flickr. We make no warranties or representations as to this content, the code contained on their servers, or the policies of said services. We are not responsible for external content or code embedded on this site. We may remove embedded content from displaying on this site at will and in accordance with these terms.
Copyright of Uploaded Images and Text
NomadTag allows you to upload and share images, text, and photographs that you own rights to. Similar to other photo sharing websites (i.e. Instagram, Facebook, Flickr, etc.), we do not claim copyright or ownership over your content. You may choose to assign various levels of copyright to your shared content (i.e. All Rights Reserved, Creative Commons, etc) and you retain ownership. By uploading to our platform you agree that NomadTag has the right to warehouse and display your content on our website or app regardless of the copyright terms you have chosen to assign. You may delete your content at any time. Additionally, by uploading or sharing content you certify that you have rights to upload or share under all applicable copryright and intellectual property laws.
Termination of Access
NomadTag reserves the right to suspend, modify, or terminate your access to and use of the Site and Services, at any time, without notice. Further, you agree that NomadTag shall not be liable to you or any third party for any termination, modification, or suspension of your access to the Site or Services. NomadTag reserves the right to remove or edit content in our sole discretion.
NomadTag may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become modifications, do not access or use the Site or Services.
THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. NOMADTAG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify, and hold NomadTag, its officers, directors, employees and agents, 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 (a) your access to or use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the Site or Services caused damage to a third party, or (e) any incorrect or fraudulent statements or information you provide in connection with the Services.
Class Action Wavier
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NomadTag agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
As of January 1, 2018: NomadTag has not received any National Security Letters or FISA court orders, and we have not been subject to any gag order by a FISA court. This notice will update yearly.
These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and NomadTag and govern your use of the Site and the Services, superseding any prior agreements between you and NomadTag. The failure of NomadTag to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and NomadTag nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.