Digital Tag LLC ("we," "us" or "Digital Tag") offers our site ("Site") to you the user ("You") as a service available through our website ("Site") subject to these Terms and Conditions ("Terms"). Unless expressly stated otherwise, these Terms shall apply to Your use of the Site and/or any other service, application, software, plug-in, component, functionality or program created or made available by us.
These Terms, as well as any and all Agreements referenced and incorporated herein, shall form a binding contract between You and Digital Tag. By registering for Site, You indicate, represent and warrant that You have read and assent to these Terms and that You have the legal capacity to do so.
Before using the Service, Servicers will be asked to register an account through the Site ("Servicer Account"). In order to register for a Servicer Account, You will be asked to provide personal information ("Personal Information"), including but not limited to Your name, Your email address, Your city, state and/or zip code, Your phone number, Your phone service provider (or "carrier"). Further, transactions may be conducted over the Service by credit card only through a third party provider. As such, You will be asked to provide Your credit card information. Our policies with respect to the storage, use, and sharing of Personal Information is discussed in greater detail under "Privacy", below.
You agree that the information You provide during registration, including but not limited to the Personal Information, is true and accurate. You agree that You alone will be using Your Servicer Account and that You will not permit any other individual, Digital Tag, or other entity to use Your Servicer Account.
You grant permission to Digital Tag to make charges to Your credit card as provided and disclosed on the payment form and as further provided under the terms of this Agreement. Your subscription will renew on the original purchase date of each month at the listed rates for Site effective at the time of Your registration and in accordance with all of the terms of this Agreement. SUBSCRIPTIONS ARE AUTOMATCIALLY RECURRING SUBSCRIPTIONS.
You agree that You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other Servicers or QCAs; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. ALL COMMUNICATIONS BETWEEN USERS AND QCAs SHALL TAKE PLACE THROUGH THE SERVICE. ANY OUTSIDE COMMUNICATION BETWEEN USERS AND QCAs IS STRICTLY PROHIBITED. Any violation of the above may result in immediate termination of this Agreement and Your account, and may, inter alia, subject You to state and federal penalties and other legal consequences. Digital Tag reserves the right, but shall have no obligation, to investigate Your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Servicers of our Site may view information, communications, software, photos, video, graphics, music, sounds, message boards, chat, and other original content, material and services ("Content"). You acknowledge and agree that all Content presented to You on the Site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
The source of the Content may vary between Servicers and Digital Tag. To the extent that Content originates from Digital Tag, such Content is the sole property of Digital Tag. You are only permitted to use Content from Digital Tag as expressly permitted by us. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute documents or information from the Site in any form or by any means without prior written permission from us. You are solely responsible for obtaining permission before reusing any Content that is available on the Site.
To the extent that the Services provide Servicers an opportunity to post, store and exchange information, materials, data, files, programs, ideas and opinions ("Servicer Content"), You hereby represent and warrant that You have all necessary rights in and to all Servicer Content that You provide and all information contained therein. By uploading or submitting content to the Site, You agree to and hereby do grant, and You represent and warrant that You have the right to grant Digital Tag and the Servicers of the Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content.
Any unauthorized use of the Content appearing on the Site may violate copyright, trademark, and/or other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that Your use of Content displayed on or obtained through the Site will not infringe the rights of third parties.
Digital Tag respects copyright law and expects Servicers to do the same.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Digital Tag's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that You claim has been infringed upon;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity as well as a description of where the material that You claim is infringing is located on the Web site, including a universal locator ("URL") address;
4. Your name, mailing address, telephone number, and e-mail address;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf
Our Agent can be reached at [email protected].
Digital Tag reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.
By registering with Site, You understand that we may send You communications or data from Site regarding the Services, including but not limited to (i) notices about Your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Digital Tag or other products and services via electronic mail. We give You the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the messages sent.
The Service is made available to You for Your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of Your Service password and account, and are responsible for all activities that occur thereunder. You may only display the Content of the Service for Your own personal use (i.e., non-commercial use). You may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any Content, without the prior written permission of Digital Tag. All rights reserved. If You believe that Your work has been copied and posted in the Site in any way that constitutes copyright infringement, please provide our Copyright Agent with a Notice of Copyright Infringement.
“SMS/MMS” means use of the services inside our website, that allow users to text back and forth using numbers provided by our network.
1. Using the Services in a manner that is illegal, fraudulent, or contains abusive activities.
2. Launching a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of our network.
3. Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (a) applicable laws or regulations related to the transmission of data and recording or monitoring of phone calls and other forms of communication; (b) applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (c) applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act; or (d) applicable data protection or privacy laws, regulations, or legislation.
4. Using the Services in connection with unsolicited, unwanted, or harassing communications.
5. Using the Services in a manner that violates and law, that would result in law enforcement inquiries regarding your account.
6. Using the services in connection with adult material/content over SMS/MMS.
ABSOLUTELY NO ADULT MATERIAL MAY BE SENT VIA SMS/MMS.
You understand that by using the Services You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
You represent and warrant to Digital Tag that Your use of the Service constitutes an unequivocal request to receive sexually explicit material via access to the Site and You make the following statements and representations to Digital Tag (and which are relied upon by Digital Tag) as a material inducement to provide the Service: UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY OTHER PERSON(S) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THE SITE. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THE SITE, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AND AUDIO SOUNDS OF A SEXUALLY EXPLICIT NATURE. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS, WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER AND ACCESS THROUGH THE SERVICE ARE WITHIN THOSE STANDARDS IN MY JUDGMENT; THAT THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE VIEWING AND ACCESSING OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS, WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS; AND THAT THE AVERAGE ADULT IN MY COMMUNITY WOULD NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
Digital Tag offers the Services to You for the exclusive purpose of Your personal and private recreation, entertainment, and enjoyment (the "Service"). Specifically, as a Service, DIGITAL TAG offers the Site to subscribers as a venue for communication between consenting adults that are interested in forming relationships of a romantic nature. DIGITAL TAG makes no representations or warranties concerning the possibility or likelihood that its subscribers will actually enter into relationships with fellow subscribers. For more information, please see "Warranty" below.
Digital Tag also offers its subscribers access to Quality Control Agents (QCAs) for the purpose of entertainment and communication. You understand that QCA profiles represent no actual live person and the text and images contained in these profiles do not represent any real person, any likeness can be considered purely coincidental. A QCA may likely contact you for the purpose of entertainment via kiss, hotlist, message, email notification, instant message or any other form of communication or interaction within the Site to enhance your enjoyment, YOU UNDERSTAND AND AGREE THAT YOU MAY BE CONTACTED FOR ENTERTAINMENT ONLY. QCAs are offered to enhance your experience with the Site, encourage further participation or interaction with the Site and to monitor member activities to maintain compliance with these Terms of Service. QCAs shall not be considered as suitable or even available dating companions but merely a form of entertainment provided as part of the Service.
You further understand that these communications may be computer or personally generated and sent to free or paid members of the Site and are designed to promote further participation in the Services and monitor participation of the Site. These messages may be sent to more than one member at the same or similar times. If a member responds to a communication sent by a QCA the member may receive one or more additional computer or personally generated communications from the QCA profile.
You represent and warrant that (1) all of the information provided by You to participate in the Services is correct, accurate and current; (ii) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder; and (iii) Your sole and exclusive purpose for access to Spice Date is Your own personal recreation and enjoyment, and not for purposeful investigation, reportage, or commercial gain.
Digital Tag reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason. If Your Account is terminated, You may only be entitled to the cash equivalent the then current month's subscription fees, prorated for the number of days remaining for that month, at the sole discretion of Digital Tag. For more information, please see "Damages," below. Any and all questions related to the suspension or termination of Your Account should be directed to [email protected].
Digital Tag reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason. If Your Account is terminated, You may only be entitled to the cash equivalent the then current month's subscription fees, prorated for the number of days remaining for that month, at the sole discretion of Digital Tag. For more information, please see "Damages," below. Any and all questions related to the suspension or termination of Your Account should be directed to [email protected].
As a condition to using the Service, You agree to the terms of this Digital Tag Privacy Policy as it may be updated from time to time. We understand that privacy is important to You. You do, however, agree that Digital Tag may monitor, edit or disclose Your Personal Information, including the content of Your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), for reasons associated with risk of personal safety or property of any person, or as otherwise provided in these Terms.
You agree that Digital Tag may freely, for any sound business purpose, disclose, disseminate, sell, lease or transfer any Personal Information or correspondence provided to it by You or otherwise obtained from any source concerning You to any other person. All data, information, compilations, statistical analyses, profiles, membership history and transaction records, including postings, and all associated data, are the sole and absolute property of Digital Tag and all such information, including that obtained from You, may be used for any sound business purpose. In the routine course of its business, Digital Tag will verify Your credit card information and email address and determine whether Your credit card number is associated with a pattern of refusal to pay charges for internet services. Your failure to pay charges for this Site may be reported to other sites or services that maintain records of such events. Any content of any email or instant messenger service provided to Digital Tag may be read, stored, and used by its personnel. As a visitor to Site if You provided Your email address in a registration membership process or posted it on Site, You thereby authorize Digital Tag and any entities that it becomes involved with or merges with, the right to use and/or sell Your valid email address for any marketing programs or communications with You.
Personal Information collected by Digital Tag may be stored and processed in the United States or any other country in which Digital Tag or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of Your country.
Digital Tag does not represent that the Service is reliable, accurate, complete, or otherwise valid. Digital Tag cannot guarantee, and assumes no obligation to verify the accuracy of any information submitted by its users, nor does Digital Tag assume any obligation to monitor the activities of its users. No information, whether written or oral, obtained by you from Digital Tag shall create any warranty not expressly stated in this Agreement. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. DIGITAL TAG EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.