Terms of Service

Welcome to the ITag, LLC ("iTag", "We", "Our") mobile device software application (the "iTag Software"), Web site, web widgets, feeds and applications for third-party Web sites and services and any other mobile or web services or applications owned, controlled, or offered by iTag (collectively, the "iTag Services"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the iTag Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.

BEFORE USING ANY iTag SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE ITAG SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE iTag REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE iTag SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND iTag. You may receive a copy of this Agreement by emailing us at: privacy@iTag.com, Subject: Terms of Service Agreement.

THE iTag SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 14 YEARS OR OLDER. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE iTag REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE iTag SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

THE iTag SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE iTag SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

iTag IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE - OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

YOU ACKNOWLEDGE AND AGREE THAT iTag HAS OFFERED THE iTag SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND iTag, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND iTag. iTag WOULD NOT BE ABLE TO PROVIDE THE iTag SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

ITag's Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.

When using any of the iTag Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the iTag Services may offer you opportunities to review certain events and venues, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the iTag Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on iTag Services.

The iTag Services are owned and operated by iTag. The iTag Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the iTag Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the iTag Services are the property of iTag or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the iTag Services are proprietary to iTag or its affiliates and/or third-party licensors. Except as expressly authorized by iTag, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

The iTag Services are not available to persons under the age of 14 or to any Users suspended or removed from the iTag Services by ITag. You agree that the information you provide to iTag upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify iTag if your mobile device number changes.

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY iTag IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR iTag ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

You agree to pay any fees due for and incurred by your use of the ITag Services. Any payments and fees for your purchase and use of the iTag Services may be managed by your mobile carrier or iTag. Please refer to your mobile carrier's regular billing statement for charges related to the iTag Services, and contact your mobile provider directly with any questions or comments related to these fees. If your mobile provider notifies iTag that your account is past due, then your iTag Services subscription may be deactivated without notice to you. If you wish to discontinue using the iTag Services, then you may cancel your iTag Services subscription.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

a.     use the iTag Services or any location information displayed within the ITag Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;

b.     use the iTag Services if you are under the age of 14 years old;

c.     include offensive or pornographic materials in your iTag Services personal profile page;

d.     use the iTag Services for any commercial or non-private use, it being understood that the iTag Services are for personal, non-commercial use only;

e.     fail to deliver payment for the iTag Services;

f.      use the iTag Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

g.     make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the iTag Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

h.     impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the iTag Services accounts of other Users;

i.      share iTag-issued passwords or access to your mobile device while iTag is running and accessible with any third party or encourage any other user to do so;

j.      misrepresent the source, identity or content of information transmitted via the iTag Services;

k.     remove, circumvent, disable, damage or otherwise interfere with security-related features of the iTag Services, features that prevent or restrict use or copying of any content accessible through the iTag Services, or features that enforce limitations on use of the iTag Services;

l.      intentionally interfere with or damage operation of the iTag Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

m.    post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

n.     post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

o.     use the iTag Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or

p.     use the iTag Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the iTag Services could lead directly to death, personal injury, or severe physical or property damage.

q.     attempt to gain unauthorized access to the iTag Services, or any part of it, other accounts, computer systems or networks connected to the iTag Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the iTag Services or any activities conducted on the iTag Service;

r.      use any robot, spider, scraper or other automated means to access the iTag Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the iTag Services or modify the iTag Services in any manner or form, nor to use modified versions of the iTag Services, including (without limitation) for the purpose of obtaining unauthorized access to the iTag Services; or

s.     sell or transfer or allow another person to access your account password, profile, or iTag Services account.

9.1 iTag RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, iTag ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE iTag SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.

9.2 You alone are responsible for your involvement with other Users. iTag reserves the right, but has no obligation, to monitor disagreements between you and other Users.

9.3 iTag does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the iTag Services.

PLEASE NOTE: iTag RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

10.1 The iTag Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize iTag to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the iTag Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the iTag Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

10.2 By submitting User Submissions to iTag, you hereby grant iTag a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the iTag Services and iTag's (and its successor's) business, including without limitation for promoting and redistributing part or all of the iTag Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the iTag Services a non-exclusive license to access your User Submissions through the iTag Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the iTag Services and under this Agreement.

10.3 You understand that when using the iTag Services you will be exposed to User Submissions from a variety of sources, and that iTag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iTag with respect thereto.

10.4 iTag assumes no responsibility whatsoever in connection with or arising from User Submissions. iTag assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time iTag chooses, in its sole discretion, to monitor User Submissions, iTag nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, iTag does not endorse and has no control over the content of User Submissions submitted by other Users. iTag makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, iTag reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

11.1 The iTag Services may include links to other web sites or services solely as a convenience to Users. iTag does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, iTag makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the iTag Services are solely between you and such advertiser. You agree that ITag shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the iTag Services.

11.3 Parties other than iTag may provide services or sell products via the iTag Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. iTag does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

11.4 In addition, even if iTag handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and iTag will have no liability with respect thereto.

12.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the iTag Software you must have a mobile device that is compatible with the iTag Services. iTag does not warrant that the iTag Services will be compatible with your mobile device.

a.     License Grant. iTag hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the iTag Software as follows: You may use the iTag Software for one iTag Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.

b.     Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the iTag Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the iTag Software to any third party or use the iTag Software to provide time sharing or similar services for any third party; (iii) make any copies of the iTag Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the iTag Software, features that prevent or restrict use or copying of any content accessible through the iTag Software, or features that enforce limitations on use of the iTag Software; or (v) delete the copyright and other proprietary rights notices on the iTag Software.

c.     Software Upgrades. You acknowledge that ITag may from time to time issue upgraded versions of the iTag Software, and may automatically electronically upgrade the version of the iTag Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

d.     Open Source. With respect to any open source or third-party code that may be incorporated in the iTag Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

e.     Rights Reserved. The foregoing license grant under this Agreement is not a sale of the iTag Software or any copy thereof and iTag or its third party partners or suppliers retain all right, title, and interest in the iTag Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. iTag reserves all rights not expressly granted under this Agreement.

12.2 GOVERNMENT END USERS. If this iTag Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the iTag Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

12.3 EXPORT CONTROL. The iTag Software originates in the United States, and is subject to United States export laws and regulations. The iTag Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the iTag Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the iTag Software and the iTag Services.

You agree that iTag, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the iTag Services or use of the iTag Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the iTag Services or any account you may have or portion thereof may be effected without prior notice, and you agree that iTag will not be liable to you or any third-party for any such termination. iTag does not permit copyright infringing activities on the iTag Services, and reserves the right to terminate access to the iTag Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies iTag may have at law or in equity.

THE iTag SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE iTag SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. iTag, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ITAG'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

iTag AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ITAG'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE iTag SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE iTag SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

iTag, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ITAG'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE iTag SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT iTag OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE iTag SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE iTag SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold iTag, its affiliated companies, and its suppliers and partners (including, without limitation, iTag's wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to, but not limited to (a) your use or misuse of any location information or the iTag Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the iTag Services to meet another User in-person or to locate and attend any offline place or event. (e) your use of the SIM card switch information (for example, the ability at iTag to view the potential phone number of a thief due to someone taking your SIM card out and inserting another one.). (f) your use of the remote mobile device data deletion (for example, if you can not locate your mobile device, iTag offers the ability to delete all information on the mobile device.) iTag reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL iTag OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, iTag'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE iTag SERVICES; (C) THE iTag SERVICES GENERALLY OR THE iTag SOFTWARE OR SYSTEMS THAT MAKE THE iTag SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH iTag OR ANY OTHER USER OF THE iTag SERVICES, EVEN IF iTag OR A iTag AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL iTag'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, ITAG'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE iTag SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE iTag SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN iTag AND RECEIVED THROUGH OR ADVERTISED ON THE iTag SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE ITAG SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT ITAG'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Digital Millennium Copyright Act Compliance. It is iTag's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, iTag will promptly terminate without notice the accounts of Users that are determined by iTag to be "repeat infringers." A repeat infringer is a User who has been notified by iTag of infringing activity violations more than twice and/or who has had a User Submission removed from the iTag Service more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any iTag Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing iTag's Designated Copyright Agent with the following information in writing:

      i.        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

     ii.        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable iTag Service are covered by a single notification, a representative list of such works on the applicable iTag Service;

    iii.        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iTag to locate the material;

    iv.        Information reasonably sufficient to permit iTag to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

     v.        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and

    vi.        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

iTag's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@iTag.com . For clarity, only DMCA notices should go to the ITag Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to ITag customer service through support@iTag.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

18.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the iTag Services shall be filed only in the state or federal courts in and for Los Angeles County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either iTag or you may demand that any dispute or claim between iTag and you about or involving the iTag Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in Los Angeles, California, USA and, if so demanded by iTag or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in SF, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent iTag from seeking injunctive relief in a court of competent jurisdiction.

18.3 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

18.4 Notices. iTag may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the iTag Services. Notice will be deemed given twenty-four hours after email is sent, unless iTag is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the iTag Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the iTag Services are deemed given and binding 30 days following the initial posting.

18.5 Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by iTag without restriction.

18.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 8, 9, 10, and 14 through 18 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the iTag Services.

18.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by iTag as set forth in Section 3 above.

18.8 Claims. YOU AND iTag AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE iTag SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Although delivered by iTag with the iTag Software and iTag Services, the following third party software/service is referenced. Please see link for their respective Privacy Statement and Terms of Use:

http://code.google.com/apis/maps/terms.html

ITag, Inc. ("ITag") values the privacy of our customers, users, and others who use the mobile phone applications, www.iTag.com, and other web sites, services, and content (e.g., widgets, feeds, and applications) owned or operated by ITag (the "ITag Services") (such customers or users, collectively or individually, "Users"). This Privacy Notice governs the ITag Services.

The great majority of our Users will use the ITag Services for harmless and fun social purposes. However, please note that by its very nature, your location information is subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. Please manage your own mobile and profile privacy preferences on the ITag Services, on an ongoing basis, accordingly.

This Privacy Notice details important information regarding the use and disclosure of User information collected through the iTag Services. iTag provides this Privacy Notice to help you make an informed decision about whether to use or continue using the iTag Services.

This Privacy Notice is incorporated into and is subject to the iTag Terms of Use. Your use of the iTag Services and any personal information you provide on the iTag Services remains subject to the terms of this Privacy Notice and the Terms of Use.

·          Data and messaging (including SMS text messages) plans are required to use the iTag Services. iTag requires the use of SMS text messages. Standard data and messaging charges, fees, and taxes from your carrier apply.

·          To provide iTag, we collect, maintain, use, and display your personal data and the geographic location of your mobile device (we call this location fix of your mobile device "location information" or "geo-location").

·          iTag shows your phone's current geo-location to you on the iTag website and to your approved and/or selected "iTag friends" - on most phones, this location sharing occurs even when the iTag app is not open and running.

In order to subscribe to the iTag Services, you must consent to: (a) the use of your phone's location to provide iTag to you, including the display & disclosure of that location information to your iTag friends and within your geo-tagged messages & content; (b) receive text messages; and (c) pay carrier data, messaging, & other fees resulting from iTag usage.

·          "REGISTRATION INFORMATION": You provide to iTag certain personally-identifiable information (such as mobile phone number, wireless carrier / operator, your name, email address, phone number, date of birth, password, etc.) when choosing to subscribe to the iTag Services.

·          "PROFILE INFORMATION": When using the iTag Services you provide certain other personal information and content.

·          "LOCATION INFORMATION": To provided the iTag Services, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with iTag. This location tracking of your mobile device may occur even when the iTag mobile application is not actively open and running, but your location is displayed and shared with others only in accordance with your privacy and opt-in settings.

·          "COOKIES, PERSISTENT FILE INFORMATION": When you use the iTag Services, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer. iTag may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your web browser and may be used by us during your subsequent visits to the iTag Web site. Persistent cookies set by the iTag Web site can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.

·          "LOG FILE INFORMATION": When you use the iTag Services, our servers automatically record certain information about your usage from your mobile device and web browser. These server logs may include information such as a mobile device identification number and device identifier, web requests, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, features used in the iTag mobile application, the number of messages and friend requests related to your profile, the amount of time spent on particular web pages, the dates and times of your requests, and one or more cookies that may uniquely identify your browser.

·          "TELL-A-FRIEND FEATURE": If you choose to use our tell-a-friend feature, then iTag will automatically text from your mobile device all friends they you have selected. You can choose none of your contacts, some or all. They will be sent a message telling them about iTag Service and asking them to join. You will be asked to participate in the tell-a-friend feature upon download of the mobile application and periodically during its use on your device. You can continue to use this feature or decline or select ‘Never Again’.

·          iTag uses your personally identifiable, registration, profile, and location information to operate, maintain, and provide to you and other Users all of the features and functionality of the iTag Service.

·          iTag uses your personally identifiable, location, and certain non-personally-identifiable information (such as anonymous log file information) to track and analyze User preferences and trends in order to improve the quality and design of the iTag Services and to create new features, promotions, functionality, and services.

·          iTag uses cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the iTag Services; (b) provide custom and personalized content, advertisements, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics.

·          iTag uses your email address or mobile number from time-to-time for marketing or administrative purposes such as sending privacy or security related notices, notifying you of major iTag Services changes, or for other customer service or advertising purposes.

·          iTag may release personally identifiable, registration, profile, or location information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.

·          iTag also reserves the right to disclose personally identifiable, registration, profile, or location information that ITag believes, in good faith, is appropriate or necessary to: enforce our Terms of Use; take precautions against liability; protect Users from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against any third-party claims or allegations; assist government enforcement agencies; protect the security or integrity of the iTag Services; or protect the rights, property, or personal safety of iTag, Users, or others.

You may update, correct, or delete your settings and profile information at any time via the iTag Web site. To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

iTag uses commercially reasonable physical, managerial, and technical safeguards. We cannot, however, ensure or warrant the security of any information that iTag receives on your behalf to operate the iTag Services or that you transmit to iTag and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If iTag learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. iTag may post a notice on the iTag Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Protecting the privacy of young children is especially important. For that reason, iTag does not knowingly collect or maintain personally identifiable information on the iTag Services from persons under 14 years-of-age, and no part of iTag Services is directed to persons under 14. IF YOU ARE UNDER 14 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE iTag SERVICES AT ANY TIME OR IN ANY MANNER. If ITag learns that personally-identifiable information of persons less than 14-years-of-age has been collected on the ITag Services without verifiable parental consent, then iTag will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 14 has obtained an ITag Services account, then you may alert iTag at privacy@iTag.com and request that iTag delete that child's personal information from our systems.

Parents, the following are some resources that may help you in understanding and guiding your children's access to the Internet. While iTag does not endorse these sites or products, we provide the following information as a public service to our Users.

·          OnGuard Online (maintained by Federal Trade Commission) http://onguardonline.gov/socialnetworking.html

·          ConnectSafely.org: http://www.connectsafely.org

·          SafeKids.com: http://safekids.com

·          NetFamilyNews.org: http://www.netfamilynews.org

·          WebWiseKids.org: http://www.webwisekids.org

·          Center for Safe and Responsible Internet Use: http://www.csriu.org

·          GetNetWise.org: http://getnetwise.org

·          Net Nanny: http://www.netnanny.com

The iTag Services are hosted in the United States and are intended for United States visitors. If you are using the iTag Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.

Advertisements that appear on iTag are sometimes delivered (or "served") directly to Users by third-party advertisers or ad network companies. These companies may automatically receive your IP address or other information about your mobile device or personal computer when serving advertisements. These third parties may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of the advertisements served and to personalize advertising content. Doing this allows the advertiser or ad network to recognize your computer or mobile device each time they send you an advertisement in order to measure the effectiveness of the ad and to personalize advertising content. These companies may compile information about the sites or services visited when seeing advertisements and determine which advertisements are clicked or responded to by you. iTag does not access or have control of the cookies that may be placed by third-party advertisers or ad networks. Likewise, third party advertisers and ad networks do not have access to your personal information stored with ITag unless you choose to share it with them. This Privacy Notice does not cover the use of tracking technologies or personal data by any such third-party advertisers or ad networks.

In the event that iTag is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that the iTag Service can continue operations. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. You will be notified via notice through the iTag Services of any such change in ownership or control of your personally identifiable information.

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the iTag Services constitutes your agreement to this Privacy Notice and any future revisions. If we decide to change our privacy policies, then we will post those changes to this Privacy Notice, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information. If we make such material changes to this policy, then we will notify you here in this Privacy Notice, by email, or by means of a notice on the iTag Services home page.

iTag Privacy Notice last modified on June 7, 2009.

PLEASE CONTACT OUR PRIVACY MANAGER AT privacy@iTag.com WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE. WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT.