Agreement between User and www.tactusmedia.com
Welcome to www.tactusmedia.com. The www.tactusmedia.com website (the "Site") is comprised of various web pages operated by Tactus Media Company ("Tactus Media Company"). www.tactusmedia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.tactusmedia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.tactusmedia.com is an E-Commerce Site.
The purpose of this website is to generate traffic to Tactus Media Company, educate buyer's throughout the decision making process, get in contact, and showcase the work of Tactus Media Company.
Electronic Communications
Visiting www.tactusmedia.com or sending emails to Tactus Media Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Tactus Media Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.tactusmedia.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.tactusmedia.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Tactus Media Company and Tactus Media Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tactus Media Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tactus Media Company of the site or any association with its operators.
Certain services made available via www.tactusmedia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tactusmedia.com domain, you hereby acknowledge and consent that Tactus Media Company may share such information and data with any third party with whom Tactus Media Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.tactusmedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.tactusmedia.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tactus Media Company that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tactus Media Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tactus Media Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tactus Media Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tactus Media Company or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Tactus Media Company account to third party accounts. By connecting your Tactus Media Company account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Tactus Media Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tactus Media Company Content accessed through www.tactusmedia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Tactus Media Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tactus Media Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tactus Media Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
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 Tactus Media Company 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tactus Media Company AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Tactus Media Company AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Tactus Media Company AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Tactus Media Company AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Tactus Media Company OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Tactus Media Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tactus Media Company as a result of this agreement or use of the Site. Tactus Media Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tactus Media Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tactus Media Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tactus Media Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tactus Media Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Tactus Media Company reserves the right, in its sole discretion, to change the Terms under which www.tactusmedia.com is offered. The most current version of the Terms will supersede all previous versions. Tactus Media Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Tactus Media Company welcomes your questions or comments regarding the Terms:
Tactus Media Company _________________
Portland, Oregon 97239
Email Address: info@tactusmedia.com
Telephone number: 2535088664
Effective as of February 05, 2020
LAST UPDATED: Feb - 2021
Notification of Copyright Infringement
Tactus Media Company LLC (“Tactus”) takes claims of copyright infringement seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at Copyright.gov/legislation/dmca.pdf, Tactus will respond expeditiously to notices of alleged infringement that are reported to Tactus to the email address identified in the sample notice below.
Notices of Alleged Infringement for Content Made Available Through the Tactus
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through any of Tactus’s websites (the “Site”) by completing the following notice (“Notice”) and delivering it to Tactus (contact information below).
DMCA Notice of Alleged Infringement (“Notice”)
Deliver this Notice, with all items completed, to hello@tactusmedia.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Tactus does not permit copyright-infringing activities through its service and will, if properly notified that content infringes, remove or disable access to such content. Tactus reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Tactus will also terminate users whom it determines to be repeat infringers.
LAST UPDATED: Feb - 2021
Welcome to Tactus Media Company LLC! This Privacy Policy describes how your personal information is collected, used, and shared when you visit or subscribe to services from tactusmedia.com/ (“Site”). Throughout this Site, the terms “Tactus”, “we,” “us” and “our” refer to Tactus Media Company LLC, an Oregon Limited Liability Corporation.
When you visit our Site, and use our services, you trust us with your personal information. We take your privacy very seriously.
This Privacy Policy describes: (i) the customer information we collect, including Personal Information, how long we retain it and why; (ii) how we use information and Personal Information and when (and if) we share it with third parties; (iii) the choices you can make about how your Personal Information is collected, used and shared; (iv) how to correct, delete or transfer your Personal Information; and (v) the data security, accuracy and access measures we have adopted to protect Personal Information under our control from loss, misuse or alteration.
BY USING THE WEBSITE AND OUR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY. THIS PRIVACY POLICY IS INCORPORATED INTO AND MADE PART OF OUR TERMS OF USE. PLEASE READ THE ENTIRE PRIVACY POLICY AND TERMS OF USE CAREFULLY.
This Privacy Policy does not apply to information collected by any third party, even if such information is collected through an application or content (including advertising) that is linked to or accessible from the Website.
Our Site is hosted by the following:
They provide us with the online platform that allows us to market our services to you.
PERSONALLY IDENTIFIABLE INFORMATION
When used in this Privacy Policy, the term “Personal Information” means any information by which you can be identified, such as your name, address, telephone number, or email. Other information that does not relate to or identify you as an individual is not Personal Information.
PERSONAL INFORMATION WE COLLECT
We collect information about you in several ways. For example, we might ask for your contact information when you correspond with us or call us to request a service. We also collect information, including Personal Information, when you ask to be included in our email mailing list we collect and store the information and Personal Information you provide in a database. Your privacy is important and as such, we generally do not retain Personal Information any longer than is necessary to fulfill its original purpose.
USE OF COOKIES
As part of offering and providing customizable and personalized services, many websites use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. We use cookies to allow faster and easier access to your account information, monitor traffic on the Website, and measure traffic patterns to improve functionality of the Website. Our web pages may also contain electronic images known as web beacons (sometimes called clear gifs, pixel tags, and single-pixel gifs) or other advanced technologies that are useful in the provision of services to you, permitting us, for example, to counter users who have visited those pages and for other related Website statistics. We may also use such devices to verify compliance with our terms and conditions of use or with any promotions on the Website. We also use the cookies generated by Google Analytics, to learn how Google uses cookies to process and collect data, please go to https://policies.google.com/technologies/cookies?hl=en-US.
If you do not want our Website to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. Rejecting cookies may affect your ability to use some of the services and functionalities at our Website.
USE OF PERSONAL INFORMATION
Personal Information from users will only be used to send newsletters or contact you to follow up on your request for information about services featured on our Site.
SHARING YOUR PERSONAL INFORMATION
We do not provide Personal Information to any unaffiliated parties or third parties, except in certain circumstances as set forth in this Privacy Policy.
To provide and administer the sales of our services on our Website, we may need to share your Personal Information with our partners and different service providers or suppliers that we work with. This does not adversely affect your rights. We will take all reasonable steps necessary to ensure transferred information is kept secure as required by applicable data privacy laws.
We may disclose ‘blind’ aggregated data and user statistics to prospective partners and other third parties, and for other lawful purposes. Blind data is data which does not identify an individual person or disclose Personal Information. We may also disclose Personal Information with your consent or at your direction.
Please be advised that in certain circumstances, Tactus may be required to disclose your Personal Information to governmental organizations, attorneys and private agencies that conduct relevant criminal and civil investigations, or otherwise as required by our legal obligations.
RETENTION AND TRANSFER OF PERSONAL INFORMATION
We retain Personal Information as necessary to service your use of the Website and our services. We also keep Personal Information, meta data, documentation, and any other relevant information as permitted and/or required by law.
When the retention time is reached your information may be destroyed. You may also ask Tactus to transfer your Personal Information upon request. Please contact us at hello@tactusmedia.com with the subject line “Personal Information Request” to request transfer of your Personal Information or for more information regarding retention time and retention of information.
DO NOT TRACK
Tactus does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. Third parties that have content embedded on a Tactus website such as a social feature or a stock ticker may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific website from a certain IP address. Third parties cannot collect any other personally identifiable information from the Tactus website unless you provide it to them directly, for example because this Website is hosted by Google Analytics in order to place orders, they will have access to your personal information.
YOUR RIGHTS
You have the right to make the following request to Tactus:
Following your initial transaction or registration on our Website, we want to continue to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by sending your written request via email to hello@tactusmedia.com with the subject line “Unsubscribe.” Please provide your full name and email address or telephone number, and describe specifically what information you do not want to receive. Please note that it may take up to 2 weeks for your request to become effective.
SECURITY
Tactus uses commercially reasonable efforts to safeguard the security of your information with physical, electronic, and managerial procedures. Likewise, we urge you to take every precaution to protect your Personal Information when you are on the Internet. Change your passwords often, use a combination of letters and numbers and make sure you use a secure browser. The Website uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where Personal Information is required. To make purchases from the Website, you must use an SSL-enabled browser, such as +. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet. We may update browser requirements from time to time by posting a notice on the Website.
THIRD PARTY WEBSITES
The Website may contain links to third party websites and applications of interest, including advertisements and external services that are not affiliated with us. Once you have used these links to leave the Website, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information and Personal Information. Before visiting and providing any information to any third party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your Personal Information. We are not responsible for the content, privacy, security practices, or policies of any third parties, including other websites, services, or applications that may be linked to, or from, the Website.
CHILDREN UNDER THE AGE OF 18
The Site is not for children. Tactus does not knowingly solicit Personal Information from children under the age of 18 or send them requests for Personal Information.
If you are under 18, you acknowledge that a qualified adult such as a parent, guardian or school teacher, has allowed you to use TEM and you agree to the Terms of Use.
If you believe we might have information from or about a child under the age of 18, please let us know by contacting us electronically at hello@tactusmedia.com with the subject line “Child Information Removal Request.”
SOCIAL SHARING FEATURES
The Website may offer social sharing features and other integrated tools (such as the Facebook “Like” button and the Twitter “Follow” button), which let you share actions you take on the Website with other media. The use of such features enables the sharing of information with your friends or the public, depending on the privacy settings you establish with the entity that provides the social sharing feature. You use these social sharing features at your own risk. No security measures, including the privacy settings referenced above, are perfect or impenetrable. We cannot, and do not, guarantee that the information you share using such features will not be viewed by unauthorized persons. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
FOR CALIFORNIA USERS: PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us electronically at hello@tactusmedia.com with the subject line “Personal Information Request” or write to us at the address set forth below.
PRIVACY POLICY CHANGES
Tactus reserves the right to amend, alter, or otherwise change this Privacy Policy at our sole and absolute discretion. We encourage you to periodically review the Privacy Policy to stay informed about how we are helping to protect the Personal Information we collect.
CONTACT US
For more information about our privacy practices, or if you would like to make a complaint, please contact us by e‑mail at hello@tactusmedia.com with subject line “Privacy Policy” or by mail using the details provided below:
Tactus Media Company LLC
Re: Privacy Policy
2210 SW Bertha Blvd. Apt 6
Portland, OR, 97239
LAST UPDATED: Feb - 2021
Welcome to Tactus! This website www.tactusmedia.com (“Site”) is operated by Tactus Media Company LLC, an Oregon Limited Liability Company (“Tactus”). Throughout the Site the words “Tactus”, “we”, “us” and “our” refer to Tactus Media Company LLC. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on this website.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, RELEASES, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE Site AND OUR SERVICES, INCLUDING, VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.
By visiting our website, participating in our service and/or booking a Tactus Event, you agree to be bound by the following Terms and Conditions (“Terms of Use”, “Terms”), DMCA Policy, and Privacy Policy, The terms and conditions of third party applications used to provide users of this Site services, including the additional conditions and policies referenced within these Terms or available by hyperlink. These Terms apply to all websites and applications (“Site”) owned and operated by Tactus.
By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of Use of this agreement, then you may not access the Site or use any of its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our Site, or both. It is your responsibility to check this page https://www.tactusmedia.com/ periodically for changes. Your continued use of, or access to, the Site and/or our services following the posting of any changes constitutes acceptance of those changes.
Our Site is hosted by the following getflywheel.com, you can find their terms of service and privacy policies at https://getflywheel.com/legal/ and squarespace.com, you can find their terms of service and privacy policies at https://www.squarespace.com/terms-of-service and https://www.squarespace.com/privacy. They provide us with the online platform that allows us to market our services to you.
Presently, we use third party software providers Zoom and Calendly to provide services. Use of this Site or our services require you also agree to Zoom’s API License and Terms found here and Calendly’s Terms found here.
SECTION 1 - TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you acknowledge that a qualified adult such as a parent, guardian, event organizer or school teacher, has allowed you to use Tactus and you agree to the Terms of Use. All people that use Tactus give us your consent to allow any of your minor dependents to use this Site and/or services.
If you are accepting these Terms on behalf of another legal entity, including a business, school or a government, you represent that you have full legal authority to bind such entity to these Terms.
You may not use our Site or service for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our services.
SECTION 2 - INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, “Tactus Content” means and includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through this Site and the services to you. The Tactus Content, the services and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries. They are owned by Tactus, its licensors, or other providers of such material. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices on this Site or incorporated in or accompanying the Service.
This Site is intended for your personal, non-commercial use. Tactus grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the service and access and view this Site and the Tactus Content for your personal non-commercial use. This license is provided solely for your personal use and enjoyment of this Site as permitted in these Terms. You agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the service and the Tactus Content, use of the service and the Tactus Content, or access to the services or any contact on the Site through which the service is provided, without our express written permission and consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tactus or its licensors, except for the licenses and rights expressly granted in these Terms.
SECTION 3 - 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 more 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 any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - SERVICES
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. Any offer for any service made on this Site is void where prohibited.
You can find a description of our service options on our Site. We reserve the right to modify, terminate or otherwise amend our offered service offerings at any time in accordance with these Terms.
SECTION 5 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features or services, or both, shall also be subject to these Terms.
SECTION 6 - LINKING AND THIRD-PARTY LINKS
You may link to publicly available portions of the service if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The service must not be framed on any other Site or service. We reserve the right to withdraw linking permission without notice.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy go to https://www.tactusmedia.com/.
SECTION 8 - 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 service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) for any obscene or immoral purpose; or (e) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that the Site will be running 100% of the time, and we cannot guarantee that all functions will be available 100% of the time.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The services provided to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 11 - INDEMNIFICATION
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witness(es) fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, defend and hold harmless Tactus and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These terms are effective unless and until terminated by either you or Tactus. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Tactus also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Tactus’s sole discretion you fail to comply with any term or provision of this Agreement.
Upon any termination of the Agreement by either you or Tactus, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 15 - DISPUTE RESOLUTION & GOVERNING LAW
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting via email at hello@tactusmedia.com with the subject line “CLAIM”. Similarly, we will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If the dispute is not resolved by negotiation within 30 days after the email noting the dispute under this Agreement is sent, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Oregon, USA, without regard to principles of conflict of law.
You agree that any disputes or other legal proceedings proceedings (including alternative dispute resolution) will be brought in Multnomah, Oregon. Both you and Tactus consent to the venue and personal jurisdiction there.
SECTION 16 - CHANGES TO Terms
You can review the most current version of the Terms at any time at this page https://www.tactusmedia.com/.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms should be sent to us at hello@tactusmedia.com with the subject line ‘TERMS’.
For customer support with Site-related questions, please submit an email to hello@tactusmedia.com with the subject line ‘WEBMASTER'. We strive to respond to inquiries within a reasonable time frame but we make no promises that any query will be responded to within any particular time frame or that we will be able to answer any such queries.
SECTION 18 - ACCESSIBILITY
Tactus is working on its Site so that it conforms with the prevailing Web Content Accessibility Guidelines (WCAG) Standards to AA level - Currently at WCAG 2.1 AA. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.
We are continually seeking out solutions that will bring all areas of the Site up to the same level of overall web accessibility. In the meantime, should you experience any difficulty in accessing the Site, please contact us at hello@tactusmedia.com.
SECTION 19 - DMCA
Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3). If you believe your copyrighted information has been infringed upon on the Site, please review the act cited above, and then see our Notice and Procedure for Making Claims of Copyright Infringement / Disclaimer.
SECTION 20 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 21 - MOBILE SERVICES
The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services must be in accordance with these Terms.
