TanglerLive Terms and Conditions

Effective 1 June 2009

1. General

The services offered by Tangler Pty Ltd and its corporate affiliates (collectively, us, we or the Company) are operated by the Company and may be hosted overseas.
This agreement is between you and the Company and applies to the use:
1. of the website at www.tangler.com (the Website),
2. any of the Company's software products,
3. any services that the Company supplies, and
4. any new releases or authorised enhancements or modifications to the software or services provided by the Company
(collectively the Services).
This Agreement contains legally binding terms for the use of the Services.
By using the Services, you agree to be bound by this agreement.
The Services are for personal use only and may not be used in connection with any commercial endeavours except those specifically approved in writing by the Company.
Illegal and/or unauthorised use of the Services is prohibited, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or unauthorised framing of or linking to the Website.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of membership privileges.
Appropriate legal action will be taken for any illegal or unauthorised use of the Services.

2. User responsibilities

You represent and warrant:
1. that you are at least 13 years old;
2. that all registration and profile information that you submit to the Company is truthful and accurate and that you will update such account information to keep it accurate; and
3. that your use of the Service will not violate any applicable law or regulation.
If a registered user, you are solely responsible for maintaining the security and confidentiality of your password and other user account information.
If a Registered User, you agree not to permit others to use your password or other user account information, and to notify the Company immediately of any unauthorised use of that information.
You, and not the Company, are solely responsible for all Content published, distributed, or displayed through your account be it as a Registered User or as a Guest, including without limitation any e-mail messages, posts, internal or externally embedded "widget" code, or tags, and for your interactions with other users.
If you are under 18 years of age, you acknowledge and agree:
1. that until you are 18 years of age, you will use the services under the supervision and with the permission of your parents/guardians;
2. if a Registered User to provide your parents/guardians with your current Website password(s) and registration e-mail address, for parental verification;
3. we may modify or deny access to your account on the request of a parent or guardian and we may do so at any time, with or without prior notice, and without liability; and
4. that if you misrepresent your age, we may terminate your account at any time, without warning, and without liability.

3. Fees

You acknowledge that the Company reserves the right to charge for the Services and to change its fees from time to time at its discretion. If the Company terminates your membership because you have breached this agreement, you shall not be entitled to a refund of any unused portion of subscription fees.

4. Use of content

The Services enable you to upload, archive, post, publish, e-mail, or otherwise transmit to the Company (Upload) web pages, text, code, software, music, sound, photographs, graphics, video, messages, tags, and other information, data, or material (Content).
You, and not the Company, are solely responsible for all Content that you Upload and for any material, data or other information that you transmit or otherwise communicate to other users.
You acknowledge that the Company does not pre-screen, edit, or review Uploaded Content.
You agree not to copy, communicate, transmit, distribute, prepare derivative works of, adapt, modify, perform, display and otherwise use Content.
You acknowledge that by using the Services and Website you may access and be exposed to Content Uploaded by other users that are inaccurate, incomplete, indecent, offensive, or otherwise objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it.
If the Company is notified by a user of Content posted on the Website or in connection with the Services that allegedly does not conform to this agreement, the Company may investigate the allegation and determine in good faith, in the Company's sole discretion, whether to remove or block access to such Content.
The Company has the right, in its sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any Uploaded Content at any time, with or without notice, and without liability.

5. Right to use and ownership

You retain all ownership rights you hold in Content that you Upload. However, you hereby grant to the Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully sub licensable (through multiple tiers), and transferable license to copy, distribute, communicate, transmit, prepare derivative works of, adapt, modify, perform, display, and use Content Uploaded by you, in connection with the Services and the Company's business, including without limitation promotion and redistribution of the Services and derivative works thereof, through any media channel and in any media format known now or in the future.
In addition, you hereby grant to each Website user a non-exclusive license to access the Uploaded Content, and to reproduce, distribute, prepare derivative works or adapt, publicly perform, publicly display, and use such Content as permitted under this agreement.
All tags and comments associated with Content become the Company's property; however the Company hereby grants you with a perpetual right to use such tags and comments for personal, non-commercial purposes.

6. IP warranty

In connection with Content that you Upload to the Company, you represent and warrant that you own, or have the necessary licenses, consents, permissions, and rights to use and to authorise the Company to use, all intellectual property rights in and to all such Content, in order to permit inclusion and use of the Content as contemplated by the Services and this Agreement. You further represent and warrant that the Content you Upload does not and will not breach any intellectual property rights of any person.

7. Proprietary rights

You acknowledge and agree that the Services uses and contains intellectual property and confidential information owned by or licensed to the Company, and protected by applicable laws and international treaties. You are not granted any right or license with respect to the intellectual property or confidential information of the Company or any third party.
You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Services may be protected by applicable law, as well as terms and conditions imposed by third-party licensors in connection with their Content made available on or through the Services.

8. Confidential information

You acknowledge and agree that the Company may access, preserve, and disclose your account information and Content if required by law or if it is reasonably required to:

comply with legal process;
enforce this agreement;
respond to claims that any Content violates the rights of users, or third-parties;
respond to your customer service request; or
protect the rights, property, or personal safety of the Company, its users, and the public.

9. Copyright Policy

9.1 No Tolerance

You must not Upload any Content, the rights in which are owned or controlled by a third party, without obtaining the prior written consent of that party. The Company does not condone or tolerate activities and actions that breach the rights of copyright owners. Our copyright policy is to respond to written notifications of claimed infringement. Upon receiving such notification, we may remove or block access to Content that we believe in good faith is copyrighted material that has been illegally copied, distributed, or otherwise exploited. We also may terminate or suspend access to the Services, and remove all Content Uploaded by anyone in reasonably believed to be an infringer.

9.2 Infringement: Notification

If you are a copyright owner (or the copyright owner's agent) and you believe that any Uploaded Content infringes your copyright, you may submit a written notification to our Designated Agent for Infringement Notices specified in clause 10 (Designated Agent). To expedite the processing of the notification, please submit it in the following format, including section numbers.

Identify in adequate detail the copyrighted work (eg lines of text, music, photo, artwork) that you believe has been infringed, and the rights you hold in the copyright work.
Identify in adequate detail the Content that you believe is infringing the copyrighted work. Describe the allegedly infringing Content and include detailed information regarding its location on the Website. You must identify each post that links directly to a group containing the allegedly infringing content.
Provide information reasonably sufficient for us to contact you, including your address, telephone number, and your e-mail address.
Include this statement (provided it is correct and truthful): "I have a good faith belief that use of the copyrighted material described above is not authorised by the copyright owner, its agent, or the law."
Include this statement (provided it is correct and truthful): "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorised to act on behalf of the copyright owner to make this complaint."
Sign the notification, and then send it to the Company's Designated Agent as per clause 10 below.

9.3 Infringement: Removal and Terminated Access

Once our Designated Agent has received a written notification, our policy is to remove or block access to the allegedly infringing Content and make a reasonable attempt to promptly notify the user in question, that we have done so. In addition, we reserve the right to terminate or suspend access to the Services, and to remove all Content Uploaded by anyone reasonably believed to be an infringer.

10. Claims of infringement

The Company's Designated Agent for claims of copyright (or other intellectual property) infringement can be reached as follows:

Designated Agent for Infringement Notices
c/o Tangler Pty. Ltd
PO Box K680,
Haymarket, NSW 1240, Australia

By fax: +61 2 9475 0268

11. Customer support

Send notifications of claimed infringement to the Designated Agent. Other comments, feedback, technical support requests, or communications should be directed to the Company Support at support@tanglerlive.com.

12. Code of Conduct

You agree that you will not:
1. Upload, copy, distribute, share, sell or otherwise use Content in whole or in part, for any purpose whatsoever except as expressly authorised in this agreement, or
2. Upload Content without permission from the Content owner, or otherwise act in violation of another person's rights to such Content;
3. disclose your password or transfer your account to any third party, or allow any third party to access your account;
4. disclose personal or identifying information about another person without that person's explicit consent;
5. impersonate any person or entity, including without limitation the Company officials, staff, and/or users;
6. use bulk e-mail or mailing lists that contain names, e-mails, phone numbers, addresses, or other personal identifying information;
7. include in your user profile any telephone number, street address, last name, URL, or e-mail address;
8. access the Services by any means other than through the interface provided by the Company. This includes not using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to the Company servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser, and not using or launching any unauthorised script to add users. Notwithstanding this, the Company grants the operators of general purpose Internet search engines permission to use spiders to copy Content from the Websites for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content. ("General purpose Internet search engine" does not include a web site or search engine or other service that specializes in classified listings or in any subset thereof, such as jobs, housing, for sale, services, or personals, or that is in the business of providing classified ad listing services). The Company reserves the right to revoke these exceptions, in general or specific instances;
9. interfere with or disrupt the Services or servers or networks connected to the Services, make the Services available over a network (other than the Company's network) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
10. use the Services to artificially generate traffic or page links to a Web site or for any other purpose not intended for personal, non-commercial use of the Services;
11. cover or obscure any banner or other advertisements on any the Company page via HTML/CSS or other means.
12. collect, harvest, or store any personally identifiable information, including user account information, from the Services;
13. translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Services, in whole or in part;
14. circumvent, disable, violate, or otherwise interfere with any security related feature of the Services, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Services or Content;
15. rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Services (including without limitation your account information), use of the Services, or access to the Services;
16. use the Services to harass or "stalk" anyone;
17. Upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18;
18. use the Services in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated as a foreign terrorist organisation;
19. use the Services in any way that violates the terms of this Agreement, or that aids, encourages, or purports to authorise anyone else to violate the terms of this agreement; or
20. use the Services in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.
You further agree that you will not Upload, copy, distribute, share, or otherwise use Content that:
1. is unlawful, obscene, defamatory, libellous, harmful, harassing, degrading, pornographic, threatening, intimidating, abusive, offensive or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
2. that would violate another person's rights, constitute or encourage a criminal offence, give rise to civil liability, or violate any local, state, national, or international law or regulation;
3. constitutes advertising or promotional material, except if posted with the express permission of the Company in areas designated for such purposes eg classified ads;
4. contains "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited or unauthorised commercial communication;
5. generates unauthorised banner ads, pop-ups, pop-unders, and interstitials;
6. embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent;
7. is false, deceptive, misleading, deceitful, inaccurate, or constitutes "bait and switch";
8. advertises any illegal service or the sale of any prohibited, regulated or restricted items, including:
9. 1. child pornography or obscene material;
  2. alcohol or tobacco products;
  3. controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia;
  4. prescription drugs and medical devices, such as prescription or contact lenses, hearing aids, defibrillators, or hypodermic needles;
  5. non-prescription drugs that require FDA approval;
  6. weapons and related items, including firearms, ammunition, silencers, sniper scopes, large capacity magazines, disguised, undetectable or switchblade knives, martial arts weapons, BB guns, stun guns, or tear gas;
  7. fireworks, including "safe and sane" fireworks or any destructive explosives or devices;
  8. blood, bodily fluids, or body parts;
  9. animals and animal parts, including the retail sales of dogs and cats;
  10. restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests;
  11. pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or arts or crafts materials containing toxic substances without a warning label;
  12. illegal telecommunications equipment, such as cable or satellite descramblers, password sniffers, access cards, access card programmers and unloopers;
  13. stolen property or personal property with the serial number altered or removed;
  14. burglary tools, such as lock-picks or motor vehicle master keys;
  15. false identification cards, citizenship documents, birth certificates, or items with police insignia;
  16. counterfeit currency, stamps, and coins, and equipment designed to produce them;
  17. counterfeit or "knock-off" brand name goods;
  18. material that infringes copyright, such as "warez" or bootlegs; and
  19. gambling items, such as lottery tickets, raffle tickets, sweepstakes entries, slot machines, or sports trading card 'grab bags'.

13. User disputes

You are solely responsible for your interaction with other the Company users, whether online or offline. The Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.

14. Privacy

You agree to be bound and abide by the Company's Privacy Policy.

15. Unsolicited Email and SPAM

To protect our users from unsolicited emails and advertising, the Company reserves the right to (among other things) restrict the number of posts that a user may make in any 24-hour period, to a number that the Company deems appropriate in its sole discretion.

16. Disclaimers

The Services (including any software contained therein) is provided "AS-IS." Any use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
The Company makes no representation or guarantee that the Services will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and the Company disclaims any liability relating thereto. The Company cannot guarantee and does not promise any specific results from use of the Services or Internet. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to the Company.
The Services may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall the Company be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorised access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, the Company shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Web site or combination thereof, or any other reason.
The Company shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond the Company's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heating, lighting, or air conditioning.
The Company shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Services, from accessing or using Content or other materials in connection with the Services, and/or from any other reason set forth herein.
Without prior notice, the Company may modify, suspend, or discontinue any part of the Services (including any Content) or your use of them; and in the event the Company does so, it will not be liable to you or any third party.
You acknowledge that your Uploading of any Content to the Company is done at your own risk. The Company shall not be held liable for any loss, damage, or injury relating to such Content in any way. The Company shall not be held liable for any incorrect or inaccurate Content posted on the Websites or in connection with the Services, whether caused by users, or any equipment or programming associated with or used in the Services.
The Company shall not be held liable for the conduct of any user.
Your interactions with users, other individuals, and/or organizations found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such users, individuals, and/or organizations. Under no circumstances shall the Company be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Services, any Content posted on the Services or transmitted to users, or any interaction or dealings between users, whether online or offline.
Some of the Content, products, and services available through the Services may include materials belonging to third parties. The Company or its partners may present advertisements or promotional content on or through the Services. The Company has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third party through the Services or any hyperlinked Web site, or featured in any banner or other advertising.
Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third party. You agree that the Company shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such third parties on the Services.
The Services may present links to third-party web sites that are not owned or operated by the Company. The Company shall not be held liable for the availability of such third-party Web sites or their contents. You agree that the Company shall not be held liable in any way for any loss, damage, or injury caused by or in connection with your use or reliance on contents, goods, or services available through any such third-party Web site.
The Company reserves the right, in its sole discretion, to modify, delete, or otherwise change a user's username, with or without notice, at any time, and without liability.
The Company reserves the right to use profile pictures and user names on the Websites, including without limitation our Sign-Up page, and in connection with advertisements and promotions.

17. Limitation on liability

In no event shall the Company be liable to you or any third person for any indirect, general, special, consequential, incidental, exemplary, punitive, or other damages, including without limitation damages for loss of revenue or income, business interruption, corruption of data, personal injury, death, pain and suffering, emotional distress, or any other tangible or intangible loss arising from your use of the sites or services, even if the Company has been advised of the possibility of such damages.
No advice or information, whether oral or written, obtained by you from the Company or through or from the services shall create any warranty not expressly stated in this agreement; and neither you nor any third party may rely on any such advice or information.
You specifically acknowledge that the Company shall not be liable for content uploaded by users, or for the defamatory, offensive, or illegal conduct of any User or other third party, and you bear the entire risk of damage or harm from the foregoing. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Company, or the service or any links thereon, as well as by reason of any information or advice received through or advertised in connection with the Company, or the service or any links thereon.
Notwithstanding anything to the contrary contained herein, the Company's entire liability to you for any cause or action whatsoever, and your exclusive remedy under this agreement, shall at all times be limited to the amount paid, if any, by you to the Company for the services during the term of membership.
You will not hold the Company responsible for the actions or inactions of users, including without limitation any Uploaded Content.
The Company does not make any representation or warranty about the accuracy, integrity, quality, or any other aspect of Content posted on the Websites or in connection with the Service. The Company expressly disclaims all liability for any loss or damage incurred as a result of the use of such Content. By using the Services, you agree to bear all risks associated with any use of any Content posted on the Website or in connection with the Service and any reliance on the accuracy, completeness, or usefulness of such Content. Any opinions, statements, advice, offers, services, or other information or material expressed or made available in or through Uploaded Content are those of the respective author(s) of such Content and not of the Company.
The Company will not be responsible for any loss or damage arising out of the unauthorised use of your password or other user account information; and you agree to indemnify and hold harmless the Company, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorised, improper, or illegal use of that information.

18. Indemnity

You agree to indemnify and hold harmless the Company, its officers, directors, agents, employees, subsidiaries, and affiliates from any claim, suit, action, demand, loss, and damages, including without limitation attorneys' fees, costs, and expenses, made or incurred by any third party arising out of or relating to your use of the services, any content that you upload, your use of content accessed from the sites or service, your violation of this agreement, and/or your violation of any third-party rights.

19. Termination

You may terminate your membership at any time, for any reason, by emailing support@tanglerlive.com. The Company may terminate your membership at any time, without warning.

20. Notices

The Company may provide you with notices, including without limitation notices regarding changes to this agreement, by e-mail, regular mail, or postings on the Services. Unless the notice states otherwise, it will become effective immediately.

21. Export

Software, including technical data, may be subject to certain export control laws and associated export and import rules and regulations. You agree to comply strictly with all such laws and regulations, without limitation to the restrictions on use described in this agreement, and acknowledge that you are responsible for obtaining any licenses necessary to export, import or re-export the Software.

22. Miscellaneous

22.1 Entire Agreement

This Agreement (including all the Company policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between the Company and you regarding the use of the Website or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between the Company and you relating to the subject matter of this Agreement.

22.2 Waiver

Any failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

22.3 Severability

If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the remainder of this agreement shall continue in full force and effect.

22.4 Relationship between the Parties

No agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement. Except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to this agreement. The section titles in this agreement are for convenience only and have no legal or contractual effect. Tangler is a trademark of Tangler Pty. Ltd.

22.5 Governing Laws

In the event there is any dispute about or involving the Services, such dispute will be governed by the laws in force in the State of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of that state and the courts that hear appeals from those courts.

22.6 Effect of changes to this agreement

We reserve the right to amend or revise this agreement and our Privacy Policy at any time by posting an updated version on our Website (www.tanglerlive.com). Changes and clarifications will take effect immediately. We will indicate the effective date of the new policy(ies). Your continued use of the Website indicates your agreement with the current version of this agreement and Privacy Policy.

22.7 Contact us

If you have any questions about this agreement, please contact us at support@tanglerlive.com.