Terms of Use

Effective Date of Terms of Use: December 14, 2021

These Terms of Use apply to this website www.taccaine.com (the “Site”).

This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of the Site. This agreement, together with all updates, supplements and additional terms shall be referred to as the “Agreement” between you and TAC Publishing, LLC, a Colorado limited liability company. BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE.

COPYRIGHT AND OWNERSHIP

The Site is owned and operated by TAC Publishing, LLC (“TAC”) and its affiliates. All of the content featured, displayed or offered for sale on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (collectively, the “Content”), is owned by TAC, its licensors, vendors and/or its content providers. All elements of the Site, including but not limited to the general design and the Content, are protected by copyright, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which such Site is being made available. Except as may be otherwise specifically indicated on the Site, you are authorized to view, print and download text found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Site, specifically including photographs in the Gallery not otherwise found in the public domain. For purposes of these terms, the use of any such material on any other website or networked computer environment is strictly prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site, the Content and all related rights shall remain the exclusive property of TAC and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary material found on the Site.

SITE ACCESS LICENSE

TAC grants you a limited, revocable and non-exclusive license to access and make personal, noncommercial use of the Site and its Content. Unless otherwise allowed by TAC or permitted by law, you may not download or modify all or any portion of the Site and its Content. This license does not include any commercial use of the Site or its Content whatsoever. The Site and its Content may not be reproduced, duplicated, copied, sold, resold, visited or used for any commercial purpose without TAC’s express prior written consent. Additionally, you agree that you will not interfere or attempt to interfere with the proper working of the Site. Any unauthorized use will automatically terminate the permissions and licenses granted by us to you.

LINKS TO THIRD PARTIES

The Site contains links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by TAC of, or any affiliation with, or endorsement by, the owner of the linked site. TAC is not responsible for the contents or use of any linked site, or any consequence of making the link. These third- party services in no way related to the Site, and your use of such third-party services is subject to the terms and policies of those third-party websites.

You shall not use TAC’s name or any language, pictures or symbols which could, in TAC’s sole judgment, imply TAC’s endorsement in any (i) written or oral advertising or presentation, or (ii) written material of any nature, without TAC’s express prior written consent.

PRIVACY POLICY

Data collection and use, including data collection and use of personal information is governed by TAC’s Privacy Policy which is incorporated into and is a part of this Agreement.

DISCLAIMER & LIMITATION OF LIABILITY

Your use of and browsing of the Site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TAC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TAC DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL TAC OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TAC SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO TAC’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL TAC OR ANY OF ITS AFFILIATES OR VENDORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF TAC OR A TAC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold TAC, its subsidiaries, affiliates, members, managers, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with your use of the Site.

GOVERNING LAW

The Site is created and controlled by TAC in the state of Colorado, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the state of Colorado. By using the Site, you consent to the exclusive jurisdiction and venue of courts in Pitkin County, Colorado, in all disputes arising out of or relating to the use of the Site. If one or more of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law if possible, to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. TAC’s failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver thereof.

ENTIRE AGREEMENT

This Agreement is the entire agreement between the user and TAC and shall supersede any prior understanding or agreement, whether written or oral.

COPYRIGHT COMPLAINTS

TAC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our designated agent for notices of infringement and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest allegedly infringed;
2. A description of the copyrighted work or works that you claim have been infringed;
3. A description of the location on the Site of the material that you claim is infringing;
4. Your address, telephone number, and email 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 that the information in the notice, made under penalty of perjury, is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice for claims of copyright infringement can be reached as follows: By e-mail: tac@taccaine.com and by mail at 201 Main Street, Suite 301, Carbondale, CO 81623. 

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TAC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES MAY NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

PRIVACY POLICY

This Privacy Policy contains the policies concerning the collection and use of information relating to this website – www.taccaine.com (the “Site”) and any inquiries made for services to be provided by Tac Caine or Tac Publishing, LLC. The following policy describes the type of information collected, how it is used, shared and protected and your rights regarding the information you provide.

Tac Publishing, LLC, through its web designer Iconology, LLC, has taken precautions that will protect any personal information shared on the Site and will not sell or trade personal information about our users to any third party. 

Personal Information We Collect and Usage: 

When you visit the Site, we automatically collect certain information, including information about your web browser, IP address and time zone.  As you browse the Site, we may collect additional information about the pages that you view and how you interact with the Site as well as the date and time of your visit.  Additionally, when you submit a contact form message through the Site, we collect certain information that typically includes your name, email address, phone number, the scope of your inquiry and similar data. We collect personal information that you voluntarily share with us through contact or booking request forms. We may use this information to identify you, contact you and service any request for information you have made.

Rights: 

After submitting personal information to the Site, users have the right to request that we erase any and all shared personal information via email at tac@taccaine.com. 

User Consent: 

By using the Site and voluntarily providing your personal information via contact and booking request forms, you understand and consent to the collection and use of this information for the purposes we have described. We agree to keep this information protected and private unless you provide consent to share this information with third parties to confirm speaker fees, availability, logistics and other matters regarding you or your event. 

Cookies: 

The Site uses Cookies to enable us to recognize your browser and capture and remember certain data. We use cookies to compile anonymous user data about site traffic and site activity to allow us to improve Site functionality and create a better user experience. We may use third-party service providers such as Google Analytics to assist us in better understanding the visitors to our Site. These service providers are not permitted to use personal information collected on our behalf except to assist us in conducting and improving our business. 

Embedded Content from Other Websites: 

This Site may include embedded content (e.g. videos, images, articles, links, etc.). Embedded content from other websites behaves in the exact same way as if the user has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. For embedded content, we advise users to seek out the specific Privacy Policy of all third-party sites visited. 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

If you have any questions regarding the Site’s Privacy Policy, you may contact us by email at Tac@TacCaine.com.  

Privacy Policy Last Updated: December 2021.