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Home » Terms of Service

COMMUNITY GUIDELINES
Tackable is a platform for you to upload original content that you’ve created yourself. The following community guidelines are designed to help you understand what it means to be a Tackable community member. If you’re curious, we also have a separate Terms of Service (below) and Privacy Policy.

THE BASICS
Respect one another: This one’s a no-brainer. You might run into people on Tackable who you disagree with. Try to respect those people. That’s life.

Create, don’t copy: If you upload stolen or doctored content to Tackable, it hurts the entire platform’s credibility. If you’re thinking about pulling a hoax, do it somewhere that has more traffic.

Think about the kids: This is a big gray area. Should you post explicit photos here? Absolutely not. Kitten videos? Yes. Everything else is pretty much up for discussion. Photojournalists have these discussions every day: Should they publish photos of accident victims? Should they publish photos of celebrities doing embarrassing things? Should they post photos of dead people? There are very few clear answers. As a general rule of thumb, you can legally take photos of anything happening in public. Don’t take photos of someone who has a reasonable expectation of privacy. Make sure your photos, videos and captions tell the truth. Generally, think: Would I want someone to take this photo of me? Would I be embarrassed to put my name on this photo? Would an employer decide not to hire me based on this photo I took?

Everything here is public: This item is related to “Think about the kids.” When you create media and post media here, it’s totally public. Don’t post things here that you don’t want other people to see.

No nudity: Yeah, again. No nudity. No nudity. No. Nudity. If you post nudity here, we’ll review your case and could delete your account. That would make us sad.

You own your content: You own the copyright on all content you create on Tackable. However, Tackable is a citizen journalism platform, and you need to expect that news organizations (and other partners) may decide to publish your work elsewhere without paying you.

You deserve credit: We expect any content published from Tackable to have correct attribution. Our partners should be giving you and us proper credit (“Credit: [your name]/Tackable”).

Don’t flag everything: It sucks having your stuff flagged unnecessarily. It sucks for the photographer, who might see their work temporarily pulled off the platform. It sucks for our community managers, who have to review flagged stuff. So, only flag the worst of the worst. Think: Nudity, illegal and dangerous behavior, explicit content, etc. Not just stuff you don’t like. We don’t want to, but if you flag harmless stuff a lot, we might show you the door.

ANY QUESTIONS?
We’re here for you. Contact us through our handy dandy Contact Form, and we’ll get back to you. Promise.

TERMS OF SERVICE
We’ve done our best to make our Terms of Service readable, but we recognize that a very small number of you will actually take the time to go through this. You should. If you have any questions at all about our terms of service, community guidelines, privacy policy, etc., please email us at play [at] tackable [dot] com. We’re here for you. OK. Legalese, go!

These Terms of Service (“Terms”) govern your access to and use of the full suite of Tackable’s Services (“Services”), and any information appearing on the Services, such as text, photos, video, audio, or other material (collectively referred to as “Content”). Your access to and use of the Services depends on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.

You are responsible for how you use the Tackable Services, any Content you post to the Services, and all consequences thereof. The Content you create on Tackable will be viewed by other people. You should only create Content that you’re comfortable with other people seeing.

You may use the Services only if you can form a binding contract with Tackable and are not a person barred from doing so under the laws of the United States and other applicable jurisdictions. You may use these Services only in compliance with these Terms and all applicable laws.

Our Services will change, we could decide to stop providing Services, and we may not be able to provide you with advance notice. We retain the right to limit use and storage of Content at our sole discretion at any time, without prior notice. Our Services may include advertisements, which may be targeted to the Content, your location or other information. The types and extent of advertisements on Tacakble’s Services may be subject to change. By using our Services, you agree that Tackable and its partners may place such advertisements alongside your Content.

Privacy
Any information you provide to Tackable is subject to our Privacy Policy, which governs our collection and use of your information. By using Tackable’s Services, you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Tackable. As part of providing you the Services, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services of your Tackable account, which you may not opt out of receiving.

Passwords
Choose a secure password, and keep it safe. You are ultimately responsible for any actions or activities under your account. Tackable is not liable for any loss or damage that results from your failure to comply with the above requirements.

Content
All Content on Tackable is the sole responsibility of the person who created the Content. We may not monitor or control the Content posted via Tackable’s Services and we cannot take responsibility for such Content. Any use or reliance on any Content posted via the Services is at your own risk. We do not endorse or guarantee the truthfulness, accuracy or reliability of any Content posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Tackable be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services or broadcast elsewhere.

Ownership
You retain ownership of all the Content you create on Tackable’s Services. By submitting Content through the Services, you grant us a worldwide, nonexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Tackable to make such Content available to other companies, organizations or individuals who partner with Tackable for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Tackable, or other companies, organizations or individuals who partner with Tackable, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

You are responsible for your use of the Services, for any Content you create, and for any consequence thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be rebroadcast by our partners and if you do not have the right to submit Content for such use, you may be subject to liability. We will not be responsible or liable for any use of your Content by Tackable in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Tackable may manipulate your Content to offer the Tackable Services (including cropping, resizing, transcoding and/or reformatting Content to allow its use throughout the Tackable Services).

Tackable gives you a personal, worldwide, royalty-free, non-exclusive license to use the software that is provided to you as part of the Service. This license is for the sole purpose of enabling you to use the Services provided by Tackable, in the manner permitted by these Terms.

The Tackable Services contain Content of Tackable (“Tackable Content”). Tackable Content is protected by copyright, trademark, patent, trade secret and other laws, and Tackable owns and retains all rights. Tackable hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Tackable Content (excluding any software code) solely for your personal use in connection with using Tackable Services.

Any feedback, comments, or suggestions you may provide regarding Tackable or Tackable Services is entirely voluntary, and we will be free to use such as we see fit and without any obligation to you.

Restrictions
We reserve the right at all times to remove or refuse to distribute any Content of the Services and to terminate or reclaim accounts at any time and for any reason, with or without notification. We also reserve the right to access, read, preserve and disclose any information we deem is necessary to (a) satisfy any applicable law or government request, (b) enforce the Terms, including investigation of potential violations of the Terms (c) detect, prevent or otherwise investigate fraud, security or technical issues (d) respond to request for services or (e) protect the rights, property and safety of Tackable and the general public.

You may not do any of the following while using Tackable’s Services:
(a) access, tamper with, or use non-public areas of the Services, Tackable’s computer systems or the technical delivery systems of Tackable’s providers (b) test the vulnerability of any system or network, or circumvent any security or authentication measures (c) use the Services to send altered, deceptive or false source-identifying information or (d) interfere with or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright
Tackable responds to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us. If you believe your Content has been copied in a way that constitutes copyright infringement, please send us: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf (b) identification of the copyrighted work claimed to have been infringed (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (d) your contact information, including your address, telephone number and an email address (e) a statement that you have a good faith belief that use of the material in question is not authorized by the copyright owner, its agent, or the law and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing, without prior notice and at our sole discretion. In select cases, Tackable will terminate a user’s account, at our sole discretion. Our designed copyright agent for notice of alleged copyright infringement appearing on the Services is: Jonathan Stypula, who can be reached at: play [at] tackable [dot] com.

The Services are available As-Is
You access to and use of the Services or any Content is at your own risk. You understand and agree that Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TACKABLE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Tackable will not be responsible or liable for any harm to you computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Tackable has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Tackable or through the Services, will create any warranty not expressly made herein.

Links
You acknowledge sole responsibility for and assume all risk from your use of links, and the content, products or services on or available from such websites or resources.

Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TACKABLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, (WITHOUT LIMITATION) LOSS OF PROFITS, DATA, GOOD WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES (B) ANY CONDUCT OR CONTENT FROM ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (C) ANY CONTENT OBTAINED FROM THE SERVICES AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TACKABLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusive or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and severability
The failure of Tackable to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling law and jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United State federal government entity that is legally unable to accept the controlling law, any action related thereto will be governed by the laws of the United States of America (without reference to conflict or laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Changes to this policy

We may revise these Terms of Service from time to time. If we make a change to this policy that, at our sole discretion, is material, we will notify you via an email update to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

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