Taind.com Terms of Use Agreement

Taind.com is an online event directory listing service that allows Members to create personal profiles online in order to find, post, and review events. The services offered by Taind.com ("Taind.com" or "We") include the Taind.com website (the "Tain'd Website"), the Taind.com event directory listing service, the Taind.com event review service, and any other features, content, or applications offered from time to time by Taind.com in connection with the Tain'd Website (collectively, the "Tain'd Services"). The Tain'd Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tain'd Services. By using the Tain'd Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Tain'd Website) or you are a "Member" (which means that you have registered with Taind.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Tain'd Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Tain'd Website and discontinue use of the Tain'd Services immediately. If you wish to become a Member, communicate with other Members, post event listings and make use of the Tain'd Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Taind.com's policy for acceptable use of the Tain'd Services and Content posted on the Tain'd Website, your rights, obligations and restrictions regarding your use of the Tain'd Services and Taind.com's Privacy Policy. In order to participate in certain Tain'd Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tain'd Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Taind.com may modify this Agreement from time to time and such modification shall be effective upon posting by Taind.com on the Tain'd Website. You agree to be bound to any changes to this Agreement when you use the Tain'd Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you share on Taind.com and that you provide to other Users. You are solely responsible for the photos, profiles (including your name, venue address, image, and likeness), messages, comments, contact information, event listings, reviews, text, information, music, video, advertisements, listings, and other content that you upload or display (hereinafter, "post") on or through the Tain'd Services or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. Your Taind.com profile and User Content will need to provide a valid, operational contact name, email address, and shall not include the following items: any content containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Taind.com Members (for instance, in their Profile or User Content) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Taind.com assumes no responsibility or liability for this material. If you become aware of misuse of the Tain'd Services by any person, please contact Tain'd at the "Report Abuse" section located within the "Make Contact" area. The "Make Contact" link is at the bottom of every Tain'd.com page.

Taind.com reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Tain'd Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Tain'd Services is void where prohibited. By using the Tain'd Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Tain'd Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Tain'd Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Home page. Taind.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that Taind.com reserves the right to charge for the Tain'd Services and to change its fees from time to time in its discretion. If Taind.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Taind.com immediately if you suspect any unauthorized use of your account or access to your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially and solely responsible for all uses of this site by you and those using your login information.
  5. Non-commercial Use by Members. The Tain'd Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Taind.com. Illegal and/or unauthorized use of the Tain'd Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Tain'd Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Tain'd Services.
  6. Proprietary Rights in Content on Taind.com.
    1. Taind.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other User Content materials that you post to the Tain'd Services. After posting your User Content to the Tain'd Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Tain'd Services, you hereby grant to Taind.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Tain'd Services.
    2. Without this license, Taind.com would be unable to provide the Tain'd Services. For example, without the right to modify User Content, Taind.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform User Content, Taind.com could not allow Users to listen to music posted by Members. The license you grant to Taind.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Taind.com), fully-paid and royalty-free (meaning that Taind.com is not required to pay you for the use on the Tain'd Services of the User Content that you post), sublicensable (so that Taind.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Tain'd Services), and worldwide (because the Internet and the Tain'd Services are global in reach). This license will terminate at the time you remove your Content from the Tain'd Services. The license does not grant Taind.com the right to sell your User Content, nor does the license grant Taind.com the right to distribute your User Content outside of the Tain'd Services.
    3. You represent and warrant that: (i) you own the User Content posted by you on or through the Tain'd Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tain'd Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Tain'd Services.
    4. The Tain'd Services contain Content of Taind.com ("Taind.com Content"). Taind.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Taind.com owns and retains all rights in the Taind.com Content and the Tain'd Services.
    5. The Tain'd Services contain Content of Users and other Taind.com licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Tain'd Services.
    6. NEITHER TAIND.COM NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM TAIND.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
  7. Content Posted.
    1. Taind.com may delete any User Content that in the sole judgment of Taind.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Taind.com assumes no responsibility for monitoring the Tain'd Services for inappropriate User Content or conduct. Taind.com may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Taind.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Taind.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Taind.com takes no responsibility and assumes no liability for any content posted or submitted by you. If at any time Taind.com chooses, in its sole discretion, to monitor the Tain'd Services, Taind.com nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such User Content.
    2. You are solely responsible for the User Content that you post on or through any of the Tain'd Services, and any material or information that you transmit to other Members and for your interactions with other Users. Taind.com does not endorse and has no control over the User Content. User Content is not necessarily reviewed by Taind.com prior to posting and does not necessarily reflect the opinions or policies of Taind.com. Taind.com makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Members.
  8. User Content/Activity Prohibited. The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through the Tain'd Services. Taind.com reserves the right to investigate and take appropriate legal action against anyone who, in Taind.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Tain'd Services and terminating the Membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Taind.com:
    1. infringes the rights of others or violates their privacy or publicity rights;
    2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. harasses or advocates harassment of another person;
    4. exploits people in a sexual or violent manner;
    5. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    6. solicits personal information from anyone under 18;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, trademark or other proprietary right, such as providing pirated computer programs or links to them or providing information to circumvent manufacture-installed copy-protect devices;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. contains a virus, bug or other harmful item;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. using sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    16. The following is a partial list of the kind of activity that is illegal or prohibited on the Tain'd Website and through your use of the Tain'd Services. Taind.com reserves the right to investigate and take appropriate legal action against anyone who, in Taind.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    17. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    18. advertising to, or solicitation of, any Member to buy or sell any products or services through the Tain'd Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Tain'd Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Taind.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Taind.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Tain'd Services, you acknowledge that you will have caused substantial harm to Taind.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Taind.com $50 for each such unsolicited email or other unsolicited communication you send through the Tain'd Services;
    19. covering or obscuring the banner advertisements on your personal profile page, or any Taind.com page via HTML/CSS or any other means;
    20. any automated use of the system, such as using scripts to post events or reviews, or send comments or messages;
    21. any device, software or routine to interfere or attempt to interfere with the proper working of this site or that imposes a burden or load on our infrastructure that Taind.com deems in its sole discretion to be unreasonable or disproportionate to the benefits Taind.com obtains from your use of the site;
    22. attempting to impersonate another Member or person;
    23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    24. using any information obtained from the Tain'd Services in order to harass, abuse, or harm another person;
    25. displaying an advertisement on your profile or event posting, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Tain'd Services on behalf of that person, such as placing commercial content on your profile, posting events or reviews with a commercial purpose; or
    26. using the Tain'd Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Taind.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Taind.com by the copyright owner or the copyright owner's legal agent. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to privacy@Taind.com, Subject: General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
  10. Member Disputes. You are solely responsible for your interactions with other Taind.com Members. Taind.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the Tain'd Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. Taind.com is not responsible for any incorrect or inaccurate Content posted on the Tain'd Website or in connection with the Tain'd Services, whether caused by Users of the Tain'd Services or by any of the equipment or programming associated with or utilized in the Tain'd Services. Profiles and events created and posted by Members on the Tain'd Website may contain links to other websites. Taind.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Taind.com. Inclusion of any linked website on the Tain'd Services does not imply approval or endorsement of the linked website by Taind.com. When you access these third-party sites, you do so at your own risk. Taind.com takes no responsibility for third party advertisements which are posted on this Tain'd Website or through the Tain'd Services, nor does it take any responsibility for the goods or services provided by its advertisers. Taind.com is not responsible for the conduct, whether online or offline, of any User of the Tain'd Services. Taind.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Taind.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tain'd Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Tain'd Services. Under no circumstances shall Taind.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Tain'd Services, attendance at a Taind.com event, from any Content posted on or through the Tain'd Services, or from the conduct of any Users of the Tain'd Services, whether online or offline. The Tain'd Services are provided "AS-IS" and as available and Taind.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Taind.com cannot guarantee and does not promise any specific results from use of the Tain'd Services.
  13. Limitation on Liability. TAIND.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL TAIND.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TAIND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAIND.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TAIND.COM FOR THE TAIND SERVICES DURING THE TERM OF MEMBERSHIP.
  14. U.S. Export Controls. Software available in connection with the Tain'd Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Tain'd Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  15. GOVERNING LAW. This Agreement and its performance shall governed by the laws of the state of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas county, the state of Texas, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
  16. ATTORNEY'S FEES. If Taind.com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
  17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Taind.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Taind.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Taind.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
  18. Indemnity. You agree to indemnify and hold Taind.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal and accounting fees, made by any third party due to or arising out of your use of the Tain'd Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tain'd Website or through the Tain'd Services causes Taind.com to be liable to another.
  19. Other. This Agreement is accepted upon your use of the Tain'd Website or any of the Tain'd Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Taind.com regarding the use of the Tain'd Services. The failure of Taind.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Taind.com is a trademark of Tain'd Entertainment, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

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

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