Terms and Conditions of Use

Welcome to TAGCLAN.NET (the "SITE"), an online information service provided by specific individuals and organizations who own, operate, and maintain it ("ADMINISTRATION") to those who access it ("USERS"). The SITE is designed by ADMINISTRATION to represent and to serve certain specifically identified USERS who are included in an organized group commonly called "TAG CLAN," which shall be referred to as such herein, and who have been authorized to be so classified by an established committee of TAG CLAN. In serving TAG CLAN, the SITE and its set of services may also be provided to USERS not included in TAG CLAN, but who may, in some way or another, either directly or indirectly be associated with TAG CLAN. The following is an agreement between any USER who is accessing the SITE, or entity represented by such, hereinafter "YOU" and ADMINISTRATION.

Please take a moment to read this document carefully before continuing or beginning to use or access the SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

1. Access and Use of the SITE.

ADMINISTRATION grants YOU limited, nonexclusive access to the SITE. YOU understand that, except for information, products, or services clearly identified as being supplied by ADMINISTRATION, ADMINISTRATION does not operate, control, or endorse any information, products, or services on the Internet in any way. YOU also understand that ADMINISTRATION cannot and does not guarantee or warrant that files available for downloading through the SITE will be available to be accessed by YOU or other USERS, nor that such files will be in certain compatible states or free of infection, viruses, or other code that manifest contaminating or destructive properties. YOU are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the SITE for the reconstruction of any lost data.

YOU ASSUME TOTAL AND ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ADMINISTRATION PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE AND ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND ADMINISTRATION SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. ADMINISTRATION DOES NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES INCLUDED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR SERVICES INCLUDED THEREIN WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ADMINISTRATION MAKES EVERY EFFORT WITHIN REASON TO REMOVE SUCH MATERIALS PURELY AT ITS OWN DISCRETION, BUT ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS OR THE FAILURE TO REMOVE THEM.

LIMITATION OF LIABILITY

IN NO EVENT WILL ADMINISTRATION OR TAG CLAN BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, INCOME, PERSONAL PROPERTY, PROGRAMS, OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY OF THE SERVICES INCLUDED OR IMPLIED THEREIN, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ADMINISTRATION, TAG CLAN, OR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DOMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY OF THE SERVICES INCLUDED OR IMPLIED THEREIN AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN STUCH STATES, ADMINISTRATION AND TAG CLAN LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ADMINISTRATION makes no representations whatsoever about any other web site which YOU may access through the SITE or which may link to the SITE. When you access any other web site, please understand that it is independent from ADMINISTRATION and TAG CLAN, and that neither entities have control over the content on that web site. In addition, a link to the SITE does not mean that ADMINISTRATION or TAG CLAN endorses or accepts any responsibility for the content, or the use, of such a web site.

2. Modification of this Agreement.

ADMINISTRATION reserves the absolute right to modify this agreement at any time and for any reason, with or without notifying USERS, and such modifications shall be effective immediately upon posting of the modified agreement on the SITE. YOU agree to be responsible for reviewing the agreement periodically to be aware of such modifications, and your continued access or use of the SITE shall be deemed your conclusive acceptance of the modified agreement.

3. USER Content.

YOU are responsible for information that you submit by any means to any public areas of the SITE (such as bulletin boards, forums, and newsgroups) or otherwise make available through use of the SITE or any services included or implied therein by USERS (hereinafter "USER CONTENT"). YOU also agree to grant to ADMINISTRATION and TAG CLAN a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any USER CONTENT submitted by YOU. YOU further grant to ADMINISTRATION and TAG CLAN the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. YOU agree that YOU shall have no recourse against ADMINISTRATION nor TAG CLAN for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ADMINISTRATION and/or TAG CLAN.

Through your use of the SITE, ADMINISTRATION may grant YOU unique access to an account with the SITE. YOU assume responsibility for maintaining the integrity of and restricting access to your account.

4. Indemnification.

YOU agree to indemnify, defend, and hold harmless ADMINISTRATION, TAG CLAN, and associated officers, directors, affiliates, any third party information providers to the SITE and any services included or implied therein, and any committees thereof from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by YOU or any other USER.

5. Third Party Rights.

The provisions of articles 1 (Access and Use of the SITE) and 4 (Indemnification) are for the benefit of ADMINISTRATION, TAG CLAN and associated officers, directors, affiliates, any third party information providers to the SITE and any services included or implied therein, and any committees thereof. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against YOU on its own behalf.

6. Term; Termination.

This Agreement may be terminated by either party with or without notice at any time for any reason. The provisions of articles 1 (Access and Use of the SITE), 3 (USER Content), 4 (Indemnification), 5 (Third Party Rights), and 7 (Miscellaneous) shall survive any termination of this Agreement.

7. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of United States of America applicable agreements made and to be performed in United States of America. YOU agree that any legal action or proceeding between ADMINISTRATION and/or TAG CLAN and YOU for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of America. Any cause of action or claim you may have with respect to the SITE or the services included or implied therein must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure of ADMINISTRATION and/or TAG CLAN to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ADMINISTRATION and TAG CLAN may assign its rights and duties under this Agreement to any party at any time without notice to YOU.

Any rights not expressly granted herein are reserved.