Terms & Privacy

tagvillage, inc. believes that your personal information deserves protection. This privacy policy describes our practices regarding the collection, use and sharing of your personal information. By using our website you consent and agree to the collection, use and disclosure of personal information and to the privacy practices set out in this policy.

The following Privacy Policy shall apply to the relationship between you, individually and on behalf of the applicable entity identified in your registration form, ("You" or "Your") and tagvillage, inc. ("Us" or “We”), and govern your use of every services provided by tagvillage ("Services") through the tagvillage website at http://www.tagvillage.com ("Website" or “tagvillage”). Any access to, or other use of, the Website or Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by this Privacy Policy. Please note that this Privacy Policy may be updated from time to time without notice to you, so please check this web page on every visit to the Website.

A. INTRODUCTION

1. Questions
   If you have any questions or concerns about our privacy policy, contact us at admin@tagvillage.com, or you may also contact us by mail at 740 Dark Horse Lane, Buda, Texas 78610.
2. Scope
   This privacy policy covers all of tagvillage. It does not, however, apply to entities that tagvillage does not own or control, such as applications, members and websites using a Platform, such as the Advertising Platform or Publishing Platform. By using or accessing tagvillage, you agree to our privacy practices outlined here.
3. No information from children under age 13
   If you are under age 13, please do not attempt to register for tagvillage or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at admin@tagvillage.com for immediate action.
4. Parental participation
   We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
5. General Statistics
   We may collect and share non-personally-identifiable information about you, including URLs, statistics, and similar information with advertisers, business partners, sponsors, suppliers, service providers and other third parties. We may also use personal information and data collected through your emails and use of our website to generate statistics and aggregate reports for internal use and for sharing with our affiliates. These statistics and aggregate reports will not contain any information that could identify you personally.

B. INFORMATION WE COLLECT

tagvillage, inc. is in the business of online advertising. As part of providing this service, we collect personal information from our users in a number of ways.

Unregistered members: We only collect anonymous usage statistics.

Registered members: Registration form information is collected through our platform upon account creation and stored in our database. Either your username or your company name is displayed publicly on your profile page and on various pages throughout the system, including without limitation in search results, on publisher Resources, during Location auction processes, on public Advertiser profiles, on public Publisher profiles, on public Cause profiles, and on ad Location information pages. You have the option of uploading a user image and selecting a user name: these pieces of information are also displayed publicly on your profile page and on various pages throughout the system.

1. Information You Provide to Us
   • Information About Yourself
     When you create a tagvillage account you provide us with your name, email, gender, and birth date. You will also be able to add pictures of yourself. In some cases we may ask for additional information for security reasons or to provide specific services to you.
   • Transaction Information
     We may retain the details of transactions or payments you make on tagvillage. We do not store your payment source account number.
2. Information We Collect When You Interact With tagvillage
   • Site activity information
     We keep track of almost all of the actions you take on tagvillage, such as trading Tags or connecting with an application. In some cases you are also taking an action when you provide information or content to us. In addition to storing the actual content you uploaded, we might log the fact that you shared it.
   • Access Device and Browser Information
     When you access tagvillage from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
   • Cookie Information
     We use “cookies” (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make tagvillage easier to use, to make our advertising better, and to protect both you and tagvillage. For example, we use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to tagvillage. We also use them to confirm that you are logged into tagvillage, and to know when you are interacting with tagvillage applications and websites, our platforms, our applications, and our advertisements. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use tagvillage.
     
     
3. Information we receive from third parties
   • Information from other websites
     We may institute programs with advertising and publishing partners and other websites in which they share information with us. We may ask advertisers and publishers to tell us how users responded to the ads we showed them (and for comparison purposes, how other users who didn’t see the ads acted on their site). This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see. We may receive information about whether or not you’ve seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads. If in any of these cases we receive data that we do not already have, we will “anonymize” it within 180 days, meaning we will stop associating the information with any particular user. If we institute these programs, we will only use the information in the ways we explain in the “How We Use Your Information” section below.
   • Information You Share With Third Parties
     • Advertisements
       Sometimes the advertisers who present ads on tagvillage use technological methods to measure the effectiveness of their ads and to personalize advertising content. You may use your browser cookie settings to limit or prevent the placement of cookies by advertising networks. tagvillage does not share personally identifiable information with advertisers unless we get your permission.
     • Publishers
       Sometimes the publishers who present tagvillage ads on their website(s) use technological methods to measure the effectiveness of their ads and to personalize advertising content. You may use your browser cookie settings to limit or prevent the placement of cookies by advertising networks. tagvillage does not share personally identifiable information with advertisers unless we get your permission.
     • Links
       When you click on links on tagvillage you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

C. HOW WE USE YOUR INFORMATION

We use the information we collect to try to provide a safe, efficient, and customized experience. Here are some of the details on how we do that:

1. To manage the service
   We use the information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. We use the information to prevent potentially illegal activities, and to enforce our various Terms of Service. We also use a variety of technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
2. To contact you
   We may contact you with service-related announcements from time to time. You may opt out of all communications except essential updates on your Account page. We may include content you see on tagvillage in the emails we send to you.
3. To serve personalized advertising to you
   We don’t share your information with advertisers without your consent. (An example of consent would be if you asked us to provide your shipping address to an advertiser to receive a free sample.) We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. For example, we might use your interest in soccer to show you ads for soccer equipment, but we do not tell the soccer equipment company who you are. You can see the criteria advertisers may select by visiting our Advertiser Platform pages. Even though we do not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.
4. Downloadable Software
   Certain downloadable software applications and applets that we offer, such as our browser toolbars and photo uploaders, transmit data to us. We may not make a formal disclosure if we believe our collection of and use of the information is the obvious purpose of the application, such as the fact that we receive photos when you use our photo uploader. If we believe it is not obvious that we are collecting or using such information, we will make a disclosure to you the first time you provide the information to us so that you can decide whether you want to use that feature.

D. HOW WE SHARE INFORMATION

We may disclose personal information to our agents, suppliers, partners and service providers as part of making available our website and related products and services, including to third parties that reside in jurisdictions with less restrictive privacy laws than the United States of America. All such persons and entities are provided only with the information needed to perform their specific function and may not use such information for other purposes. They are also bound by contract to maintain the confidentiality and security of personal information and are restricted from using such information in any way not expressly authorized by tagvillage, inc. However, tagvillage, inc. disclaims all responsibility, and will not be liable for any disclosure of that personal information by any such third party. We only share your information with third parties when we believe the sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. For example:

1. When you make a payment
   When you enter into transactions with others or make payments on tagvillage, we will share transaction information with only those third parties necessary to complete the transaction. We will require those third parties to agree to respect the privacy of your information.
2. When you invite a friend to join or are invited by another person
   When you ask us to invite a friend to join tagvillage, we will send your friend a message on your behalf using your username or referral code. We will also display your first and last name and email address to your referrals. If you were referred to tagvillage by another member, we will display your first and last name and email address to the person who referred you.
3. When you choose to share your information with marketers
   You may choose to share information with marketers or electronic commerce providers that are not associated with tagvillage through on-site offers. This is entirely at your discretion and we will not provide your information to these marketers without your consent.
4. To give search engines access to publicly available information
   We generally limit search engines’ access to our site. We may allow them to access certain information (such as public Cause profiles, public Advertiser profiles, and public Publisher profiles) that is visible to everyone. You cannot change the visibility of publick profile information.
5. To help improve or promote our service
   Sometimes we share aggregated information with third parties to help improve or promote our service. But we only do so in such a way that no individual user can be identified or linked to any specific action or information.
6. To provide you with services
   We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about tagvillage, remove repetitive information from our user lists, process payments, or provide search results or links (including sponsored links). These service providers may have access to your personal information for use for a limited time, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
7. To advertise our services
   We may ask advertisers outside of tagvillage to display ads promoting our services. We may ask them to deliver those ads based on the presence of a cookie, but in doing so will not share any other information with the advertiser.
8. To offer joint services
   We may provide services jointly with other companies. If you use these services, we may share your information to facilitate that service. However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.
9. To respond to legal requests and prevent harm
   We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our various Terms of Service. This may include sharing information with other companies, lawyers, courts or other government entities.
10. Transfer in the Event of Sale or Change of Control
    If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy.

E. HOW YOU CAN CHANGE OR REMOVE INFORMATION

1. Editing your profile
   You may change or remove your profile information at any time by going to your profile page and clicking “Edit My Profile.” Information will be updated immediately.
2. Deactivating or deleting your account
   If you want to stop using your account you may deactivate it or delete it. When you deactivate an account, no user will be able to see it, but it will not be deleted. We save your profile information in case you later decide to reactivate your account. Many users deactivate their accounts for temporary reasons and in doing so are asking us to maintain their information until they return to tagvillage. You will still have the ability to reactivate your account and restore your profile in its entirety. When you delete an account, it is permanently deleted from tagvillage. You should only delete your account if you are certain you never want to reactivate it. You may deactivate or delete your account by sending a request to admin@tagvillage.com telling us which action you desire.
3. Limitations on removal
   Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. If you have given third party applications or websites access to your information, they may retain your information to the extent permitted under their terms of service or privacy policies, but they will no longer be able to access the information through our site after you disconnect from them.
4. Backup copies
   Removed and deleted information may persist in backup copies for up to 90 days, but will not be available to others.
5. Non-user contact information
   If a user provides your email address to us, and you are not a tagvillage user but you want us to delete your address, you can do so by emailing admin@tagvillage.com. However, that request will only apply to addresses we have at the time of the request and not to any addresses that users provide to us later.

F. HOW WE PROTECT INFORMATION

We do our best to keep your information secure, but we need your help.

1. Steps we take to keep your information secure
   We keep your account information on a secured server behind a firewall. When you enter sensitive information (such as credit card numbers and passwords), we encrypt that information using secure socket layer technology (SSL). We also use automated and non-automated measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior. We may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our various Terms of Service.
2. Risks inherent in sharing information
   Although we limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on tagvillage will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on tagvillage. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
3. Report Violations
   You should report any security violations to us at admin@tagvillage.com immediately.
4. Where we store your personal information
   We collect your personal information onto servers hosted by a reputable third party website hosting company. These are restricted access servers. Information such as passwords is one-way encoded. If you wish to obtain further information about our hosting company and its security measures, please email Hetzner Online at their customer support address available at http://www.http://www.hetzner.de

G. EXCEPTIONS

We reserve the right to use and disclose personal information to comply with applicable laws and regulations and local, provincial and national governmental requests, to operate our websites properly, or to protect the rights and property of tagvillage, inc. and its advertisers, publishers, members, sponsors, providers, or licensors. Without restricting the foregoing, tagvillage, inc. may provide personal information in response to valid legal process, such as subpoenas, search warrants or court orders, or to establish or exercise its legal rights or defend against legal claims.

H. OTHER TERMS

1. Changes
   We can change this Privacy Policy at any time we deem appropriate, without notice to you. If we change this TOS, we will provide written notice of the changes and the effective date of the changes at least 10 days before said changes will take effect. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, without advance written notice.
2. Consent to Collection and Processing in the United States
   By using tagvillage, you consent to having your personal data transferred to and processed in the United States.

I. DEFINITIONS

“Us,” “we,” “our,” and “tagvillage” mean the same as they do in the tagvillage General Terms of Service. "Information” and “content” are used more generally and interchangeably here than in the General Terms of Service unless otherwise limited by the context.

tagvillage, inc. ("tagvillage" or "We" or "Us") provides the TagTrading Platform, Cause Platform, Publisher Platform, Advertising Platform, and advertising auction service to facilitate exchanges among its users. tagvillage serves as a platform for our users to connect with one another. We do not screen or control users who may buy or sell Tags or who may sell or bid on advertising space. We do not review or authenticate Tags, auction listings or advertising space. Advertising space offered for auction through tagvillage is being sold by the particular Publisher, not by tagvillage. Advertisements placed on Publisher websites are provided by the particular Advertiser, not by tagvillage. Sellers of advertising space (i.e. Publishers) and buyers of advertising space (i.e. Advertisers) are responsible for all aspects of the transactions in which they participate. Buyers and sellers of Tags are also responsible for all aspectsof the transactions in which they participate. Please note that the tagvillage Rules of Conduct may be modified at any time with or without notice to you. You should check this webpage on a regular basis for any updates or changes. Further, all activities of Publishers, Advertisers, TagTraders, and Causes are governed by the tagvillage General Terms of Service, and other Policies, Terms, Privacy, Guidlines, Rules, and other Statements as applicable.

A. GENERAL RULES OF CONDUCT

The following are Rules of Conduct that all tagvillage members (i.e. Publishers, Advertisers, TagTraders, and Causes) ("Members") must follow in their use of the tagvillage website and services. Members of tagvillage:

1. Must be at least 13 years old.
2. Shall not misrepresent their identity or authority.
3. Must at all times provide valid, accurate and complete contact information, including without limitation a valid email address and PayPal or Payza account information.
4. Shall not publish personal or contact information of another Member on the Website without the prior written consent of such Member.
5. Shall not in any way interfere with the tagvillage website or service.
6. Shall not use the tagvillage advertising platform to send spam or threats to other Members.
7. Shall not use profanity on the tagvillage website.
8. Shall not infringe on or violate any tagvillage intellectual property right.
9. Shall not use the tagvillage service for any illegal or fraudulent activity or purpose.
10. Shall not disrupt advertising auctions in progress or the tagvillage service; for example, Members shall not contact bidders in an auction being run by a Publisher for a Position and offer the same or similar Position to that of such Publisher at prices below the current bid.
11. Shall not continue to use the tagvillage service if the Member's account is suspended or terminated.
12. Shall not use the tagvillage network to make offers to serve advertising or rent advertising space outside of the tagvillage network.
13. Must follow any additional rules posted by tagvillage from time to time on the Website.
14. Acknowledge that there are no refunds on winning bids for advertising space.
15. Must research and comply with all applicable laws, regulations, rules or guidelines that may pertain to transactions in which they participate through tagvillage.
16. Are responsible for all applicable taxes incurred by participating in tagvillage.

B. PUBLISHER RULES OF CONDUCT

The following are Rules of Conduct for Publishers on the tagvillage network. Publishers on tagvillage:

1. Shall not offer any Resource or Position or advertising space on tagvillage which is not in Publisher's possession, which the Publisher does not have the right to rent advertising space on, or which does not exist at the time of the auction.
2. Shall not engage in "keyword spamming"; i.e. including brand names or other inappropriate keywords in a title or description of the Publisher's website or advertising space.
3. Must accurately describe their Resources, Positions and advertising space and shall not have misleading titles that do not accurately describe their Resources, Positions or advertising space.
4. Shall not include any language in the Resource or Position listings, which may confuse potential Advertisers or cause the listings to be included in search results that may be misleading. For example, a Publisher shall not describe a Resource or Position by stating what it is not, as this may skew the listing or search results for Advertisers.
5. Must list every Resource and Position using tags that are accurate and descriptive of the Resource or Position and not inappropriate to the item in question.
6. Shall not post any content that invites users to contact the Publisher to conduct advertising transactions outside of the tagvillage network.
7. Shall not solicit Advertisers to mail cash or use a payment method that is not approved by tagvillage.
8. Shall not use in profanity in their profile description or any listing of advertising space.
9. Must honor the winning bid and make their advertising space available (subject to manual approval or future cancellation).
10. Shall not engage in "shill bidding"; i.e. Publishers must not bid on their Positions, or have relatives, friends, employees, partners or agents, bid on their advertising space.
11. Must accept the default minimum bid for all advertising space. The current minimum bid for all advertising space is 0.10 tagvillage Credits.
12. Shall not provide content on their Resources or Positions that is obscene, offensive, pornographic or adult-related, harmful to minors, invasive of any person's privacy, or otherwise inappropriate.

C. ADVERTISER RULES OF CONDUCT

The following are Rules of Conduct for Advertisers on the tagvillage network. Advertisers on tagvillage:

1. Shall not commit to renting advertising space on a Resource without paying for such space.
2. Shall not bid on advertising space with no serious intention of buying such advertising space on the Resource.
3. Must complete, and pay for, any auction in which they are the winning bidder.
4. Shall not misuse the bid retraction option to manipulate the bidding process.
5. Shall not bid on advertising space with the intention of disrupting a Position's listing.
6. Shall not submit, upload or post any content, advertisement or links that the Advertiser does not have a right to provide or that describe goods or services that the Advertiser is not advertising through the tagvillage network.
7. Shall not engage in "shill bidding"; i.e. bidding to artificially increase the price or apparent desirability of any advertising space. Bidders on an advertising space must be wholly independent from the relevant Publisher.
8. Shall not engage in "bid shielding"; i.e. bidding where Advertisers submit very high bids to discourage other bidders from competing for the same advertising space, then retract their bids so that people they know can get the advertising space at a lower price.
9. Shall not submit or upload Advertising with content that is obscene, offensive, pornographic or adult-related, harmful to minors, invasive of any person's privacy, or otherwise inappropriate.

D. TAGTRADING RULES OF CONDUCT

The following are Rules of Conduct for TagTraders on the tagvillage network. TagTraders on tagvillage:

1. Agree that Tags are always for sale. Members are not allowed to permanently or exclusively own any Tag.
2. Agree that the initial sales price of all Tags is 0.10 tagvillage Credits.
3. Agree to be responsible for their Tags. This includes ensuring the contents of your Tag inventory meets our Terms and Guidelines.
4. Agree to be responsible for their own mistakes. Anything you enter into the search bar can be purchased as a Tag. Therefore, misspellings, type errors, double spaces, and all other mistakes are your own liability. If you purchase a Tag with errors, it is your own fault and you will not be given a refund.
5. Understand they are not an employee, agent, franchisee, or partner of tagvillage.
6. Accept and agree to comply with all Policies, Terms, Privacy, Guidlines, Rules, and other Statements as applicable.
7. Shall not commit fraud or cheat. You agree not to manipulate or tamper with tagvillage code, html, servers, or scripts in any way to gain an unfair advantage with regard to buying or selling Tags, gaining free advertising, or illegally increasing account balances.
8. Understand that tagvillage makes no guarantees that the Tag Trading platform will always be working, free of glitches, or free of errors. We also do not guarantee you will be able to sell your Tags or earn commission, profit, or revenue of any kind from your Tags.
9. Agree that trademarks belong to their owners. All registered trademarks and service marks are the properties of their respective owners. Except for marks actually owned by us, we do not make any commercial claims to their use, and are not affiliated with them in any way.

E. BREACH OF RULES OF CONDUCT

tagvillage, in its sole discretion, may terminate any auction or a Member's account immediately and without notice if we believe that the Member has: (a) acted inconsistently with the spirit or the letter of the tagvillage Rules of Conduct or various Terms of Service; or (b) violated or attempted to violate the rights of others. If a Member's auction or account is terminated, any funds credited to the Member's account may also be revoked by tagvillage in its discretion.

F. REPORTING IMPROPER CONDUCT

Please help us keep tagvillage an enjoyable and positive experience. If you see a listing or any activity that violates our Rules of Conduct or various Terms of Service, please let us know by contacting us at admin@tagvillage.com

These tagvillage Payment Terms ("Payment Terms") govern our relationship with users and others who make payments to tagvillage or others through the tagvillage Website ("Website") located at http://www.tagvillage.com and the various Services ("Services") offered by tagvillage.

When you make payments through tagvillage, you agree to these Payments Terms.

A. MAKING PURCHASES OF ADVERTISEMENTS, PRODUCTS, LICENSES, TAGS, OR SERVICES

1. When you confirm a transaction on tagvillage, you agree to be bound by and pay for that transaction.
2. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
3. Do not commit to a transaction unless you are ready to pay, because all sales are final.
4. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
5. When you purchase a virtual item from tagvillage, including tagvillage Credits, we commit to posting the item to your account or delivering the item to you by email, as appropriate. Our obligation ends when the item is visible on your account pages or has been sent to you by email, as appropriate.
6. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
7. Even though we use terms like “purchase,” “buy,” “sell,” and “order” to talk about transactions related to virtual goods, virtual gifts, virtual services, licenses, Tags, and tagvillage Credits, we don’t transfer an ownership interest in those items. For example, the Tags we make available through our TagTrading Platform are licensed to you, not sold.
8. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH TAGVILLAGE EITHER BY TAGVILLAGE OR THIRD PARTY VENDORS.

B. TAGVILLAGE CREDITS

We want to make payments uniform and convenient, so we process all payments for purchases of advertisements as well as tangible and virtual goods, virtual gifts, virtual services, services, licenses, and Tags from tagvillage or third party vendors using a payment source called tagvillage Credits. When you make purchases using tagvillage Credits you agree to the following terms:

1. All prices displayed on tagvillage for tangible and virtual goods, services, licenses, advertising, and Tags will be denoted by their tagvillage Credits price, not the currency or legal tender of any government, country, people, financial institution, or other type of monetary system. Anything for sale on tagvillage is to be understood as priced in tagvillage Credits.
2. When you confirm a purchase you authorize us to charge the full amount including any taxes, fees, and shipping costs, which you are responsible for paying, to your tagvillage Credits Balance.
3. Purchases made with tagvillage Credits are non-refundable.

C. PURCHASING AND USING TAGVILLAGE CREDITS

You may purchase tagvillage Credits from tagvillage to purchase advertisements, as well as tangible and virtual goods, services, licenses and Tags. If you purchase tagvillage Credits from tagvillage you agree to the following terms:

1. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
2. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
3. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
4. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
5. When you purchase or receive tagvillage Credits, you do not own the tagvillage Credits. Rather, you receive a limited right to use such tagvillage Credits in connection with certain features on tagvillage, such as the purchase of a Tag.
6. Purchases of tagvillage Credits that have been spent on Tags or other goods whether tangible or virtual are non-refundable. Purchases of unused tagvillage Credits are fully refundable, with no questions asked, for 60 days. After 60 days, all purchases of tagvillage Credits are non-refundable.
7. You will not sell tagvillage Credits to anyone, or transfer them to anyone outside of tagvillage.
8. We may change the purchase price for tagvillage Credits at any time as well as the ways that you can use or transfer them. We also reserve the right to stop issuing tagvillage Credits.
9. tagvillage Credits are a virtual item and have no monetary value whatsoever. They are not the currency or legal tender of any government, country, people, financial institution, or other type of monetary system.
10. tagvillage Credits are not redeemable for any sum of money or monetary value from us, other than by the terms of the Credits Exchange Platform defined below, unless we agree otherwise in writing.
11. If you leave a balance of tagvillage Credits unused for three years, we may redeem those tagvillage Credits by donating them to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).
12. If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated tagvillage Credits.
13. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem any accumulated tagvillage Credits by donating them to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).
14. If you receive free or promotional tagvillage Credits, we may expire them at any time.

D. TAGVILLAGE CREDITS BALANCE RECORDKEEPING

We will maintain a Credits Balance Account to define your tagvillage Credits Balance in a manner that makes it easier for both you and us to define the availability of certain tagvillage Credits. You agree to the following terms:

1. Total Balance
   We will maintain and display your tagvillage Credits balance which will be the sum total of all transactions related to your tagvillage Credits. This will include additions of tagvillage Credits by your purchase of additional tagvillage Credits, additions of tagvillage Credits by compensation (as defined in our Compensation Terms), additions of Bonus tagvillage Credits, and other additions, as well as reductions of tagvillage Credits resulting from purchases of advertising, Tags, virtual items and tangible items made by you on our Webite or through our Services. This balance will be used to determine if you have tagvillage Credits available to purchase tangible or virtual goods, Tags, or advertisements. This balance will also be used to determine if you have tagvillage Credits available for withdrawal through our Credits Exchange Platform as defined below.

E. CREDITS EXCHANGE PLATFORM

In some instances, a member may accrue a positive tagvillage Credits balance. From time to time, at our sole discretion, tagvillage may offer to purchase these tagvillage Credits from the member through our Credits Exchange Platform according to these terms:

1. You agree that tagvillage is not obligated to purchase your tagvillage Credits from you and may choose to do so, or not to do so, at their sole discretion.
2. You may exchange any amount of tagvillage Credits up to the Withdrawal Limit (as posted on the Withdraw Funds page located at http://www.tagvillage.com/credit/payout/) for money or monetary value so long as your tagvillage Credits balance is greater than or equal to 25.00 Credits. Please note that we reserve the right to change the Withdrawal Limit at any time, without notice to you. We will always post the current Withdrawal Limit on the Withdraw Funds page of the Website.
3. tagvillage does not charge a fee for this exchange.
4. We will pay US Dollars for your the tagvillage Credits we choose to purchase from you directly to you through the payout method on file.
5. When you request an exchange of tagvillage Credits for money or monetary value, this transaction will be placed in a que called “Pending Withdrawals” and will remain in que until our regular monthly payout date, on which date it will be processed and delivered to you.
6. All pending withdrawals in que will be processed any time between 9 AM and 9 PM Central Daylight Time (USA) on the 20th day of the month following the month in which they were requested. For example, if you exchange 100.00 tagvillage Credits balance to money or monetary value and request this exchange on the 11th day of August, the funds will be processed and delivered to you via your payout method on file on the 20th day of September.
7. A Pending Withdrawals page will be available from your My Finances page where you can view and modify all pending withdrawals in que.
8. tagvillage may, at our sole discretion, choose not to purchase the tagvillage Credits in your Pending Withdrawals at any time up to 6 PM Central Daylight Time (USA) on the 20th day of each month.
9. Should tagvillage choose not to purchase the tagvillage Credits in your Pending Withdrawals balance, they will remain in the Pending Withdrawals balance until either (a) tagvillage chooses to purchase them from you at a later date, or (b) you cancel the exchange request and remove them from your Pending Withdrawals balance yourself.
10. It is your responsibility to report and remit any taxes that apply to your withdrawals. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

F. ACTIONS WE MAY TAKE

As part of our effort to keep tagvillage safe, we may take certain actions to reduce liability for users and us.

1. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
2. We may cancel any transaction if we believe the transaction violates these Payments Terms or the General Terms of Service, or we believe doing so may prevent financial loss.
3. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment, or deactivate your account if we believe doing so may prevent financial loss.
4. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
5. We may cancel any tagvillage Credits transferred, assigned, or sold in violation of these Payments Terms or the General Terms of Service.
6. If you set up an automatic re-occurring tagvillage Credits purchases and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
7. Disputes and Reversals - If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit a claim to us within 30 days after the charge.
8. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
9. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
10. We may intervene in disputes between users concerning payments but have no obligation to do so.
11. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

G. SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS

1. When you purchase advertising on or through tagvillage, you agree to pay all amounts specified in the order, along with any applicable taxes.
2. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
3. You can cancel an advertising order at any time through our online Advertising Platform, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
4. Without limiting item 1 of this section, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
5. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

H. NOTICES AND AMENDMENTS TO THESE PAYMENT TERMS

1. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
2. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: tagvillage, inc., Attention: Legal Department, 740 Dark Horse Lane, Buda, Texas 78610.
3. The Payment Terms in place at the time you confirm a transaction will govern that transaction.
4. We can change these Payment Terms at any time we deem appropriate, without notice to you. If we change these Payment Terms, we will provide written notice of the changes and the effective date of the changes at least 10 days before said changes will take effect. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, without advance written notice.

I. OTHER TERMS

1. All of the commitments you make in the tagvillage General Terms of Service apply to payments through tagvillage. In the event of any conflict between these Payments Terms and the tagvillage General Terms of Service, these Payments Terms shall prevail.
2. If you are under the age of 18, you may make payments only with the involvement of a parent or legal guardian. You should review these Payments Terms with a parent or legal guardian to make sure that you both understand them.
3. These Payments Terms are between you and tagvillage, Inc. References to “us,” “we,” and “our” mean tagvillage, Inc.
4. Some countries may restrict or prohibit your ability to make payments through tagvillage. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.

You may purchase tagvillage Credits from tagvillage to purchase advertisements, as well as tangible and virtual goods, services, licenses and Tags. If you purchase tagvillage Credits from tagvillage you will be allowed to refund 100% of your unused purchased Credits at any time with NO QUESTIONS ASKED for up to 60 days. You agree that purchases of tagvillage Credits that have been spent on advertisements, Tags, or other goods whether tangible or virtual are non-refundable. Purchases of unused tagvillage Credits are fully refundable, with no questions asked, for 60 days. After 60 days, all purchases of tagvillage Credits are non-refundable. If you request a refund for your unused Credits, we will promptly refund your money to you using the exact method of payment from which we received your payment (PayPal, AlertPay, ACH Bank Draft, Mailed Check, etc.).

In order to request a refund, you must submit a request in writing to admin@tagvillage.com detailing the number of unused Credits you wish refunded. tagvillage reserves the right to investigate your purchase history to determine whether or not the said Credits are in fact unused. you will not receive a refund for used (spent) Credits.

These tagvillage Compensation Terms ("Compensation Terms") govern our relationship with users and others who interact with tagvillage. It contains the terms and conditions that govern your participation in the tagvillage Affiliates Program ("Affiliates Program" or "Referrals Program"), TagTrading Platform ("TagTrading"), Publishing Platform ("Publishing"), and Cause Platform ("Causes"), all of which are collectively referrered to as the Program ("Program"). "We", "us", "our", or "tagvillage" means tagvillage, inc., the Website located at http://www.tagvillage.com ("Website"), and all Services we provide through our software and applications ("Services"). "You" or "your" means you, individually and any applicable entity identified in your registration form or account profile. A "site" means a website. "tagvillage.com" means the tagvillage site. "Your site" means any site(s) and any software application(s) that you link to the tagvillage Site.

A. ACCEPTANCE OF TERMS

These tagvillage Compensation Terms ("Compensation Terms") are entered into by You, individually and on behalf of the applicable entity identified in your registration form or account profile, and tagvillage, inc. Any access to, or other use of, the Website or Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by the Compensation Terms. Please note that the Compensation Terms may be updated from time to time without notice to you, so please check this web page on every visit to the Website.

THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS.

YOU SHOULD ALWAYS CONDUCT YOUR OWN INVESTIGATION (PERFORM DUE DILIGENCE) BEFORE BUYING PRODUCTS OR SERVICES FROM OR ENTERING INTO A COMPENSATION ARRANGEMENT WITH ANYONE VIA THE INTERNET. THIS INCLUDES PRODUCTS AND SERVICES AND COMPENSATION ARRANGEMENTS ON THIS WEBSITE.

IF YOU DO NOT AGREE WITH THE COMPENSATION TERMS, OR ARE NOT AUTHORIZED TO AGREE TO THE COMPENSATION TERMS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION.

B. CONTENT SUPPLIED BY US

In order to facilitate your participation in the Program, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes, and you will not in connection with the Program display on your site or otherwise use, any data, images, text, or other information or content relating any services or products offered on any site other than the tagvillage Site.

C. ENROLLMENT

All accounts are automatically enrolled in the Program, but may be terminated from the Program at our sole discretion. We may revoke your affiliate status if we determine that your site is unsuitable. Unsuitable sites include those that:

1. promote or contain sexually explicit materials;
2. promote violence or contain violent materials;
3. promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
4. promote or undertake illegal activities;
5. include any trademark of tagvillage or its affiliates, or a variant or misspelling of a trademark of tagvillage or its affiliates, in any domain name. For example, a domain name such as "tag-village.info" would be unsuitable;
6. include any trademark of tagvillage or its affiliates in any username, group name, or other identifier on any social networking website. For example, a username such as "tagvillage Japan" or "tagvillage Family" registered on a social networking site such as Twitter or Facebook would be unsuitable; or
7. otherwise violate intellectual property rights.

If we later determine that your site is unsuitable, we may revoke your affiliate status.

You will ensure that the information in your account registration and otherwise affiliated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and these Compensation Terms to the email address then-currently affiliated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address affiliated with your account is no longer current.

D. ENFORCEMENT OF TERMS

We reserve the right to enforce these terms at our own discretion. If we fail to enforce any of these Compensation Terms, it will not be considered a waiver. Any amendment to or waiver of these Compensation Terms must be made in writing and signed by us.

E. YOU CANNOT SPAM

We do not allow or condone SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense and you will immediately forfeit any tagvillage Credits, Tags, current commissions and future commissions accrued on your account.

F. CLAIMS OF EARNINGS

1. tagvillage makes no claims or warranties of any kind, express or implied, for earnings, potential of earnings, claims of earnings, or any statement that could be implied to warranty earnings. We do not represent or imply that you will earn a profit or commission whatsoever from your activities on the site or from the buying and selling of Tags, referring other members, or advertising commissions.
2. You will not make any claims of earnings that are not factual and based on your personal experience with the site. You will never imply that any level of income is guaranteed or easy to achieve. Any false or misleading representations or warranties with regard to earnings or earnings potential will be grounds for immediate termination of our relationship, termination of your account, and forfeiture of all tagvillage Credits, Tags, current and future commissions accrued on your account.

G. LINKS ON YOUR SITE

As a member in good standing of the Program, you may display Special Links on your site. "Special Links" are links to the tagvillage Site that you place on your site in accordance with these Compensation Terms, that properly utilize the special "tagged" link formats we provide, and that comply with all other tagvillage linking requirements. Special Links permit accurate tracking, reporting, and accrual of advertising fees.

You may earn affiliate compensation only as described in these Compensation Terms and only with respect to activity on the tagvillage Site or through applications prvided by tagvillage. You may earn referral compensation only as described in these Compensation Terms by a member that registered on tagvillage directly through Special Links. We will have no obligation to pay you referral compensation if you fail to properly format the links on your site to the tagvillage Site as Special Links, including to the extent that such failure may result in any reduction of compensation amounts that would otherwise be paid to you under these Compensation Terms.

H. PROGRAM REQUIREMENTS

By participating in the Program, you agree that you will comply with the tagvillage Program participation requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in these Compensation Terms (collectively, "Operational Documentation").

You will provide us with any information that we request to verify your compliance with these Compensation Terms or any Operational Documentation. If we determine that you have not complied with any requirement or restriction described on this page or any other Operational Documentation or that you have otherwise violated these Compensation Terms, we may (in addition to any other rights or remedies available to us) withhold any compensation fees payable to you under these Compensation Terms, terminate your membership in the Program, terminate your account, or all of the above.

In addition, you hereby consent that we may:

1. send you emails relating to the Program from time to time;
2. monitor, record, use, and disclose information about your site and visitors to your site that we obtain in connection with your display of Special Links in accordance with our Privacy Policy; and
3. monitor, crawl, and otherwise investigate your site to verify compliance with these Compensation Terms and the Operational Documentation.

I. RESPONSIBILITY FOR YOUR SITE

You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. You will be solely responsible for:

1. the technical operation of your site and all related equipment
2. displaying Special Links and Content on your site in compliance with these Compensation Terms and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site)
3. creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all tagvillage descriptions and other tagvillage related materials and any information you include within or affiliate with Special Links)
4. using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights)
5. disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers
6. any use that you make of the Content and the tagvillage Marks, whether or not permitted under these Compensation Terms

We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section; (c) your use of any Content, whether or not such use is authorized by or violates these Compensation Terms, any Operational Documentation, or applicable law; (d) your violation of any term or condition of these Compensation Terms or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.

J. REFERRAL REGISTRATION PROCESSING

We will process registration requests placed by customers who follow Special Links from your site to the tagvillage Site. A person becomes your Referral ("Referral" or "Referrals") when they click through a Special Link on your site to the tagvillage Site and register for the Service within the alloted Registration Period. We reserve the right to reject registrations that do not comply with any requirements on the tagvillage Site, as they may be updated from time to time. We will track Referrals activities for reporting and affiliate compensation fee accrual purposes and will make available to you reports summarizing those Referrals activities.

The "Registration Period" begins when a person clicks through a Special Link on your site to the tagvillage Site and ends upon the first to occur of the following: (a) the expiration of 90 days from the date the person clicked the Special Link as documented by a cookie placed on their system by tagvillage when they clicked the Special Link; (b) the person deletes or removes the cookie placed on their system by tagvillage when they clicked the Special Link.

K. COMPENSATION

From time to time we may compensate you for certain activities and sales generated on and off the Site, subject to the Compensation Exclusions set forth below. Any compensation will be limited only to that which is described in these Compensation Terms.

1. Method of Compensation
   All compensation paid to you by tagvillage for any activity or sale will be considered received in full by you when we deposit tagvillage Credits into your tagvillage Credits Account. All compensation is paid in the form of tagvillage Credits. There are no exceptions.
2. Calculation of Compensation
   Any amount of compensation due to you will be calculated by tagvillage according to the terms of this agreement and the data on file in our servers. We reserve the right to make all final decisions with regard to compensation amounts and all calculations regarding compensation based upon the data in our servers.
3. Activity Points
   We will award you points ("Activity Points") for certain actions performed by you or your Referrals on the Site. For example, we will award you one (1) Acvivity Point when you purchase a Tag, and we will award you two (2) Activity Points when one of your Referrals sells a Tag.
4. Daily Profit Share
   a. Every day we will deposit an undisclosed percentage of our sales revenue for the day into a Daily Profit Pool.
   b. Every day at 23:59:59 Eastern Daylight Time (USA) we will calculate the sum of all Activity Points accrued by all members of the Site.
   c. Every day at 23:59:59 Eastern Daylight Time (USA) we will divide the amount we set aside in the Daily Profit Pool by the sum of all Activity Points accrued by all members of the Site, as calculated above, resulting in a per-point value.
   d. Every day at 24:00:01 Eastern Daylight Time (USA) we will deposit tagvillage Credits into your account in direct proportion to the value of the Activity Points you earned for the day. This deposit will be referred to as your Daily Profit Share. Upon depositing this Daily Profit Share into your account, we will reset all Activity Point balances to zero.
5. Tag Sales Compensation
   If another member purchases a Tag that is currently listed in your Tag Inventory, we will deposit tagvillage Credits into your account equal to the sum of the amount you paid for the Tag plus fifteen percent (15%) of the amount you paid for the Tag. We will deposit these tagvillage Credits into your account immediately upon confirmation of the transaction. The Tag will immediately be listed in the Tag Inventory of the member that made the purchase and will no longer be listed in your Tag Inventory.
6. Referral Activity Compensation
   We will deposit tagvillage Credits into your account when one of your Referrals sells a Tag that has a value of 0.25 tagvillage Credits or higher. The amount of tagvillage Credits that will be deposited into your account when a Referral sells a Tag shall be equal to five percent (5%) of the amount the Referral paid for the Tag. We will deposit these tagvillage Credits into your account immediately upon confirmation of the transaction.
7. Bonus Compensation
   From time to time tagvillage may run promotional campaigns, bonus opportunities, or other activities that may result in your earning Bonus tagvillage Credits. The terms of any special promotion, opportunity, competition, or other activity will be defined and posted on the website and may also be emailed to you or placed in the News Room or other locations of prominence for your notification. Any such Bonus tagvillage Credit opportunities and the terms and conditions related to them will be governed by limited agreement posted on the website during the time-frame of the promotion and shall expire immediately upon the time and date defined within the limited agreement. You agree to the terms of any such limited agreement by participating in the promotion, competition, or activity.
8. Publisher Compensation
   If an "Advertiser" (as defined by the tagvillage Advertiser Terms of Service) purchases advertising space on a "Position" in a "Resource" you have listed on our Site (as jointly defined by the tagvillage Publisher Terms of Service), we will deposit tagvillage Credits into your account in the amount equal to fifty percent (50%) of the amount paid by the Advertiser for the advertising space. We will deposit these tagvillage Credits into your account immediately upon confirmation of the payment from the Advertiser.
9. Tag Owner Advertising Commission
   If an "Advertiser" (as defined by the tagvillage Advertiser Terms of Service) purchases advertising space on a "Position" in a "Resource" listed by a "Publisher" on our Site (as jointly defined by the tagvillage Publisher Terms of Service), and you own the Tag that is used to connect the advertisement to the Position within the Resource, we will deposit tagvillage Credits into your account in the amount equal to twenty percent (20%) of the amount paid by the Advertiser for the advertising space. We will deposit these tagvillage Credits into your account immediately upon confirmation of the payment from the Advertiser.

L. COMPENSATION EXCLUSIONS

We will not pay compensation to you on any of the following:

1. any purchase or action by a member who is referred to tagvillage by a Special Link from your Site but is not correctly tracked or reported because the Special Link from your Site is not properly formatted.
2. any compensation due to you from a purchase or action that we discover was actually performed by you or on your behalf, including a purchase made by you on behalf of yourself, friends, relatives, or affiliates (for example, personal orders, orders for your own use, and orders placed by you on behalf of any other person or entity).
3. any purchase or action that would normally result in compensation to you but was conducted after termination of these Compensation Terms, termination of your account, or suspension of your account.
4. any purchase or action that would normally result in compensation to you but is currently being disputed by the purchaser or member who performed the action.
5. any purchase or action that would normally result in compensation to you but is currently being investigated for fraud or manipulation, or has been found to be a result of fraud or manipulation.

M. TAX INFORMATION & REPORTING

We may be obligated by law to obtain tax information from you if you are a citizen of the United States of America, resident of the United States of America, or corporation organized or chartered in the United States of America, or if the income of you or your business is otherwise taxable in the United States of America. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your compensation until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.

N. POLICIES

Customers who buy advertising, Tags, tangible goods and virtual goods through this Program are our customers with respect to all activities they undertake in connection with the tagvillage Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the tagvillage Site will apply to those customers, and we may change them at any time.

O. IDENTIFYING YOURSELF AS AN AFFILIATE

You will not issue any press release or make any other public communication with respect to these Compensation Terms, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by these Compensation Terms. You may, however, clearly state the following on your site: "[Insert your name] is a participant in the tagvillage Program."

P. LIMITED LICENSE

Subject to the terms of these Compensation Terms and solely for the limited purposes of advertising goods and services on, and directing end users to, the tagvillage Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, "tagvillage Marks") solely on your site and in accordance with the tagvillage Program Trademark Guidelines.

The license set forth in this Section P will immediately and automatically terminate if at any time you do not timely comply with any obligation under these Compensation Terms or any Operational Documentation, or otherwise upon termination of these Compensation Terms. In addition, we may terminate the license set forth in this Section P in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and tagvillage Marks with respect to which the license set forth in this Section P is terminated or as we may otherwise request from time to time.

Q. RESERVATION OF RIGHTS; SUBMISSIONS

Other than the limited licenses expressly set forth in Section P, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of these Compensation Terms or otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates’ trademarks and logos (including the tagvillage Marks), and any other intellectual property and technology that we provide or use in connection with the Program. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with these Compensation Terms, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

R. COMPLIANCE WITH LAWS

In connection with your participation in the Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, provincial, or otherwise) that govern marketing email.

S. TERM AND TERMINATION

The term of these Compensation Terms will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate these Compensation Terms at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of these Compensation Terms, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and tagvillage Marks and promptly remove from your site and delete or otherwise destroy all links to the tagvillage Site, all tagvillage Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under these Compensation Terms or otherwise in connection with the Program. We may withhold accrued unpaid compensation for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of these Compensation Terms, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections I, N, O, Q, R, S, T, U, V, W, and X, together with any accrued but unpaid payment obligations of us under these Compensation Terms, will survive the termination of these Compensation Terms. No termination of these Compensation Terms will relieve either party for any liability for any breach of, or liability accruing under, these Compensation Terms prior to termination.

T. MODIFICATION

We may modify any of the terms and conditions contained in these Compensation Terms (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the tagvillage Site. Modifications may include, for example, changes to the tagvillage compensation rates, Program Participation Requirements, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE TAGVILLAGE SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

U. RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in these Compensation Terms or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Compensation Terms, you will be deemed to have taken the action yourself.

V. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THESE COMPENSATION TERMS, THE PROGRAM, OPERATIONAL DOCUMENTATION, THE TAGVILLAGE SITE, OR THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE COMPENSATION TERMS, THE PROGRAM, THE TAGVILLAGE SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL COMPENSATION FEES PAID OR PAYABLE TO YOU UNDER THESE COMPENSATION TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

W. DISCLAIMERS

THE PROGRAM, THE TAGVILLAGE SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE TAGVILLAGE SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, TAGVILLAGE.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE TAGVILLAGE MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, IR THE TAGVILLAGE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE COMPENSATION TERMS. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE COMPENSATION TERMS OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THESE COMPENSATION TERMS OR YOUR PARTICIPATION IN THE PROGRAM.

X. DISPUTES

Any dispute relating in any way to the Program or these Compensation Terms in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 will be adjudicated in any court in Travis County, Texas, in the United States of America, and you hereby consent to exclusive jurisdiction and venue in those courts. The laws of the State of Texas in the United States of America, without regard to principles of conflicts of laws, will govern these Compensation Terms and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary in these Compensation Terms, we may seek injunctive or other relief in any province, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

Y. OTHER

1. You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in these Compensation Terms or operate sites that are similar to or compete with your site. You may not assign these Compensation Terms, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, these Compensation Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of these Compensation Terms will not constitute a waiver of our right to subsequently enforce this provision or any other provision of these Compensation Terms. Whenever used in these Compensation Terms, the terms "include(s)," "including," "e.g.," and "for example" mean, respectively, "include(s), without limitation," "including, without limitation," "e.g., without limitation," and "for example, without limitation." Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under these Compensation Terms, may be made, taken, or given in our sole discretion.
2. All of the commitments you make in the tagvillage General Terms of Service apply to these Compensation Terms. In the event of any conflict between the Compensation Terms and the tagvillage General Terms of Service, these Compensation Terms shall prevail.
3. If you are under the age of 18, you earn compensation only with the involvement of a parent or legal guardian. You should review the Compensation Terms with a parent or legal guardian to make sure that you both understand them.
4. References to “us,” “we,” and “our” mean tagvillage, Inc.
5. Some countries may restrict or prohibit your ability to earn compensation from tagvillage. Nothing in these Compensation Terms should be read to override or circumvent any such foreign laws.

These tagvillage Cause Terms of Service ("Cause TOS") govern our relationship with users and others who interact with tagvillage. It contains the terms and conditions that govern your participation in the tagvillage Cause Platform ("Cause Platform" or "Causes"). "We", "us", "our", or "tagvillage" means tagvillage, inc., the Website located at http://www.tagvillage.com ("Site"), and all Services we provide through our software and applications ("Services"). "You" or "your" means you, individually and any applicable entity identified in your registration form or account profile. A "site" means a website. "tagvillage.com" means the tagvillage site. "Your site" means any site(s) and any software application(s) that you operate or manage.

A. ACCEPTANCE OF TERMS

These Cause TOS are entered into by You, individually and on behalf of the applicable entity identified in your registration form or Cause profile, and tagvillage, inc. Any access to, or other use of, the Cause Platform (as defined below) on our Website or Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by these Cause TOS. Please note that these Cause TOS may be updated from time to time without notice to you, so please check this web page on every visit to the Website.

THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH THESE CAUSE TOS, OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION.

B. CAUSE PLATFORM

tagvillage makes available to nonprofit organizations and non-governmental organizations (together "Causes") that meet a humanitarian need a service by which they can publicize their organization and recieve monetary donations from tagvillage. We refer to this service as the Cause Platform. This service also enables Publishers (as defined by the tagvillage Publisher Terms of Service) to promote awareness of Causes and influence the amount of the donations made to these Causes by tagvillage.

C. ENROLLMENT

Your account will be automatically enrolled in the Cause Platform if you create a Cause Profile on our Site, but may be terminated from the Cause Platform at our sole discretion. We may revoke your Cause status if we determine that your Cause profile is unsuitable. Unsuitable Cause profiles include those that:

1. Do not have a 501(c)(3) status with the IRS, or are not officially chartered as a tax-exempt, not for profit organization as defined by a governement organization that has jurisdction and authority to grant said status to your organization.
2. Are created and managed by a member who is not an officer, director, or duly authorized agent or representative of the organization whose details and information are reflected on the Cause Profile.

D. SOURCE OF DONATIONS

tagvillage donates ten percent (10%) of our gross sales revenue generated when "Advertisers" (as definged by the tagvillage Advertiser Terms of Service) pay for ad space on Positions in Resources listed by Publishers (as collectively defined by the tagvillage Publisher Terms of Service). All monetary funds donated to Causes through the Cause Platform are from the gross sales revenue of tagvillage, inc. and are not collected from other parties or aggregated from other sources. tagvillage does NOT accept donations from any party whatsoever on behalf of any organization. All donations to Causes as a result of the Cause Platform are purely derived from tagvillage's own corporate funds.

E. METHOD OF FUNDS DISTRIBUTION

1. When an Advertiser pays for an advertisement through the tagvillage Advertiser Platform (as defined by the tagvillage Advertiser Terms of Service), we will deposit tagvillage Cause Credits into your Cause Profile Account in the amount equal to ten percent (10%) of the total tagvillage Credits amount paid by the Advertiser for the advertisement, and we will equate one (1) Cause Credit with one (1) tagvillage Credit.
2. On the 20th day of each month, tagvillage will issue a check and mail it to the donation address listed on your Cause Profile, so long as the balance of your Cause Credits is greater than or equal to 100.00 tagvillage Cause Credits.
3. The amount of the check mailed to each organization will be equal to $1.00 (USD) per 1.00 tagvillage Cause Credit accumulated in your Cause Profile Account.
4. Upon issuing a check to your organization, we will deduct the equivalent number of tagvillage Cause Credits from your Cause Profile Account.
5. If we do not issue a check to your organization, we will not deduct any tagvillage Cause Credits from your Cause Profile Account and your tagvillage Cause Credits will continue to accrue.

F. NOT OBLIGATED TO ISSUE DONATION CHECKS

We reserve the right, at our sole discretion, to abstain from issuing checks to organizations who have greater than or equal to 100.00 tagvillage Cause Credits accumulated in their Cause Profile Account. If we do not to issue a check to your organization, you agree we are not obligated to do so. All checks issued by tagvillage as donations through the Cause Platform are entirely philanthropic and voluntary and are not issued out of pledge, obligation, contractual agreement, or other indebtedness to your organization.

G. METHOD OF DELIVERY

All checks are sent via first class mail through the United States Postal Service. If you do not receive a check that has been issued to you, please contact us at admin@tagvillage.com so that we may work with you to ensure delivery and payment of your donation.

H. PUBLIC CAUSE PROFILE

All information you enter into your Cause Profile will be made publicly accesible and visible on your public Cause Profile page. Members and non-members of our Site will be able to search for and view the information you provide on your public Cause Profile page.

I. ACCURACY AND WARRANTY DISCLAIMERS

tagvillage does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the tagvillage Site (including, without limitation, any database accessible via the tagvillage Site and its content) or linked from the tagvillage Site. The descriptive information is derived from information entered directly by you, IRS Forms 990, Forms 990-EZ, and Forms 990-PF filed by nonprofit organizations and other 3rd party sources (such as GuideStar.com). tagvillage does not edit or control the information it receives, or that you enter, although it may (in its sole discretion) note obvious errors that it believes may exist in the materials as received by it.

Due to, among other things, the possibility of human and/or mechanical error, tagvillage shall not be responsible for any errors or omissions on the tagvillage Site. tagvillage makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. tagvillage shall not be liable for any damages of any kind incurred as a result of the information posted on the tagvillage Site including, without limitation, any content thereon.

TAGVILLAGE MAKES NO WARRANTY THAT THE TAGVILLAGE SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE TAGVILLAGE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." TAGVILLAGE HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY TAGVILLAGE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. TAGVILLAGE MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT.

J. LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL TAGVILLAGE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE CAUSE TERMS OF SERVICE, THE TAGVILLAGE SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE TAGVILLAGE SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER TAGVILLAGE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

You agree to indemnify, defend and hold harmless tagvillage, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the tagvillage Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Cause Terms of Service or resulting in connection with or arising from Your use of the tagvillage Site.

K. ENDORSEMENT DISCLAIMER

tagvillage does not endorse, support, sanction, or verify the information or material on or accessible via the tagvillage Site. Unless otherwise specifically indicated, tagvillage does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the tagvillage Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person.

L. DISCLAIMER REGARDING FINANCIAL AND LEGAL ADVICE

The information on the tagvillage Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

M. CAUSE PROFILE DISCLAIMER

tagvillage reserves the right to edit, categorize, revise, or refuse any information displayed on your Cause Profile page. In addition, tagvillage has the right to terminate any Cause Profile page at any time for any reason.

Parties posting information on Cause Profile pages are responsible for the accuracy and content of their pages. tagvillage will not be liable for any damages arising out of errors or omissions.

tavillage and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the Cause Profiles located on the tagvillage Site. Due diligence is recommended before accessing or using the tagvillage Cause Platform. tagvillage will not be held liable for any damages of any kind relating to your Cause Profile or any information displayed on, disclosed by, or contained in your Cause Profile.

N. DISCLAIMER REGARDING DOCUMENTS UPLOADED TO THE TAGVILLAGE SITE

You are solely responsible for the documents you upload to the tagvillage Site. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. tagvillage reserves the right to refuse any document. In addition, tagvillage has the right to terminate any document at any time for any reason. tagvillage and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the tagvillage Site or uploaded by you to the tagvillage Site. tagvillage will not be held liable for any damages of any kind relating to your uploading documents to the tagvillage Site.

O. TERM AND TERMINATION

The term of these Cause TOS will begin upon your creation of your Cause Profile page and will end when terminated by either you or us. Either you or we may terminate these Cause TOS at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of these Cause TOS, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and tagvillage Marks and promptly remove from your site and delete or otherwise destroy all links to the tagvillage Site, all tagvillage Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under these Cause TOS or otherwise in connection with the Cause Platform. We may withhold accrued unpaid donations for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of these Cause TOS, all rights and obligations of the parties will be extinguished. No termination of these Cause TOS will relieve either party for any liability for any breach of, or liability accruing under, these Cause TOS prior to termination.

P. MODIFICATION

We may modify any of the terms and conditions contained in these Cause TOS at any time and in our sole discretion by posting a change notice or revised agreement on the tagvillage Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE CAUSE PLATFORM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT ON THE TAGVILLAGE SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Q. DISPUTES

Any dispute relating in any way to the Cause Platform or these Cause TOS in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 will be adjudicated in any court in Travis County, Texas, in the United States of America, and you hereby consent to exclusive jurisdiction and venue in those courts. The laws of the State of Texas in the United States of America, without regard to principles of conflicts of laws, will govern these Cause TOS and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary in these Cause TOS, we may seek injunctive or other relief in any province, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.

R. DONOR INFORMATION

tagvillage is the sole donor from which all donations are made to your organization through the tagvillage Cause Platform.

These tagvillage Publisher Terms of Service ("Publisher TOS") govern our relationship with users and others who interact with tagvillage. It contains the terms and conditions that govern your participation in the tagvillage Publisher Platform ("Publisher Platform" or "Publishers"). "We", "us", "our", or "tagvillage" means tagvillage, inc., the Website located at http://www.tagvillage.com ("Site"), and all Services we provide through our software and applications ("Services"). "You" or "your" means you, individually and any applicable entity identified in your registration form or account profile. "tagvillage.com" means the tagvillage site. "Your site" means any site(s) and any software application(s) that you operate or manage.

A. ACCEPTANCE OF TERMS

These Publisher TOS are entered into by you, individually and on behalf of the applicable entity identified in your registration form and account profile ("You" or "Your") and tagvillage, inc. and govern Your use of the advertising serving and other services provided by tagvillage to website publishers ("Publisher Services") through the tagvillage Site and other applications (collectively the "Publisher Platform"). Any access to, or other use of, the Site or Publisher Services or Publisher Platform, signifies Your acceptance and agreement, without limitation or qualification, to be bound by these Publisher TOS. Please note that the Publisher TOS may be updated from time to time without notice to you, so please check this web page on every visit to the Site.

THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH THESE PUBLISHER TOS, OR ARE NOT AUTHORIZED TO AGREE TO THE TOS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION.

B. Publisher Services

The Publisher Services are provided subject to the Publisher TOS and on an "AS IS" and "AS AVAILABLE" basis. The Publisher Services for publishers, including tagvillage's advertising placement services based on on-line auctions and time-based advertising, are generally described on the Site at http://www.tagvillage.com/publishers/. We reserve the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Publisher Services, or any part thereof, with or without notice. You agree that tagvillage shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Publisher Services. You are solely responsible for obtaining access to the Publisher Services, including the hosting and operation of Your site(s), and any other equipment or connectivity, and any associated third-party fees (such as Internet service provider or airtime charges or data communication charges), including fees associated with the download, display, or delivery of advertisements. You agree that the Pubisher Services may include certain administrative communications from tagvillage, and that these communications are considered part of tagvillage membership and You will not be able to opt out of receiving them.

C. Publisher Platform

Subject to Your compliance with the Publisher TOS, tagvillage grants you a personal, revocable, limited, non-transferable, non-exclusive license solely to access the tagvillage on-line publisher platform ("Publisher Platform"), as made available to member publishers from time to time by tagvillage, for managing the creation and auctioning of advertising areas ("Positions") on Your designated website properties ("Resources") and the placement of advertising and related content, information, and URLs ("Advertising") from third party tagvillage member advertisers ("Advertisers") on such Resources.

The Publisher Platform is provided on an "AS IS" and "AS AVAILABLE" basis and You acknowledge that tagvillage assumes no responsibility for among other things: (a) the look, placement or display of any Position; (b) any auction results; (c) any revenue generated through advertising on your website(s); (d) any information or search results about Advertisers; (e) any statistical information about the Advertising or Your Resources; (f) any delay in publishing, updating, or removing any Advertising from Your Resources; (g) any information about the Advertising uptime (period of time during which any Advertising was displayed on any of Your Resources); or (h) the accuracy, delivery, or storage of any Advertising, communication or personalization settings.

D. Advertising and Positions

You hereby authorize tagvillage to serve Advertising to Your Positions and consent to all placements of Advertising through the Publisher Platform. You agree that all placements of Advertising shall conclusively be deemed to have been approved by You, unless You have manually disapproved of particular Advertising to Your Positions using the appropriate setting in the Publisher Platform or You produce contemporaneous documentary evidence showing that You disapproved of such placements in the manner specified by tagvillage. You will be notified of Advertising placements via the Publisher Platform, email or other communications method approved by tagvillage. You hereby grant tagvillage permission to utilize an automated software program to retrieve and analyze Your Positions for ad quality and serving purposes. tagvillage shall not be obligated to provide notice to You in the event that any Advertising is not being displayed properly to end users of the Positions.

All Advertising shall be grouped, displayed and served by tagvillage to end users of the Positions in the standard formats as may be offered generally by tagvillage from time to time and described in the tagvillage Publisher Guidelines. You may select through the Publisher Platform the applicable format for the display of Advertising in connection with the Positions, but You acknowledge and agree that Advertising: (i) shall only be displayed in the Positions and in connection with the Resources, each of which is subject to review and approval by tagvillage in its discretion at any time; and (ii) shall be subject to the tagvillage Publisher Guidelines and these Publisher TOS.

You agree to comply with all specifications and formats published by tagvillage from time to time, either via the Publisher Platform or other communications method approved by tagvillage, to enable the proper delivery, display, tracking and reporting of Advertising. You agree not to modify any script or other programming provided to You by tagvillage relating to the Advertising in any way, unless expressly authorized in writing by tagvillage. You are solely responsible for the maintenance and operation of Your Resources and Positions and the proper implementation of tagvillage's specifications and formats.

You may cancel any Advertising displayed on Your Resources through Your account via the online cancellation functionality available through the Publisher Platform, if any, or with written notice to tagvillage. tagvillage's advertising network will cease serving any such cancelled Advertising shortly after confirmed receipt of such cancellation.

You acknowledge that either tagvillage or any Advertiser are free to cancel any of their Advertising on Your Resources at any time and for any reason and that there is no minimum time commitment imposed on Advertisers. You agree that neither tagvillage nor any Advertiser shall be liable to You or any third party for any cancellation, removal or deactivation of any Advertising. You acknowledge that You are only granted those rights in the Advertising as are expressly set out in these Publisher TOS.

E. Prohibited Conduct, Uses

You shall not or permit or authorize any other party to:

1. edit, modify, filter, truncate or change the order of the information contained in any Advertising or Position, or remove, obscure or minimize any Advertising or Position, in any way without authorization from tagvillage;
2. frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of a Position ("Advertiser Page");
3. redirect an end user away from any Advertiser Page, provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page, intersperse any content between the Position and the Advertiser Page, or otherwise provide anything other than a direct link from a Position to an Advertiser Page;
4. directly or indirectly access, launch, and/or activate Positions through or from, or otherwise incorporate the Positions in, any software application, website, or other means other than Your Resources which have been approved to publish advertising on tagvillage, and then only to the extent expressly permitted by this Agreement;
5. directly or indirectly generate queries, or impressions of or clicks on any Position through any automated, deceptive, fraudulent or other invalid means, including but not limited to repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
6. use any automated means or form of scraping or data extraction to access, query or otherwise collect tagvillage advertising-related information from the Pubisher Services except as expressly permitted by tagvillage;
7. display any Advertising on any of Your Resources or other webpage or website that contains any pornographic or adult-related, hate-related, obscene, defamatory, violent, or illegal content;
8. "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Positions, or any part, copy, or derivative thereof;
9. resell, transfer, rent, or otherwise provide access to, the Pubisher Services, or any part thereof, including your member ID, to any third party;
10. upload, post or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
11. impersonate any person or entity, including, but not limited to, a tagvillage official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
13. upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
14. interfere with or disrupt the Pubisher Services or servers or networks connected to the Pubisher Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Pubisher Services;
15. intentionally or unintentionally violate any applicable local, provincial, federal or international law, including without limitation any applicable provisions of the laws of the United States of America;
16. "stalk" or otherwise harass another person;
17. collect or store personal data about other users;
18. act in any way that violates any tagvillage Publisher Guidelines, as may be revised from time to time; or
19. engage in any action or practice that reflects poorly on tagvillage or otherwise disparages or devalues tagvillage's reputation or goodwill.

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

F. tagvillage Publisher Guidelines

Use of the Pubisher Services is subject to any and all applicable tagvillage Publisher Guidelines and policies in effect from time to time, including without limitation tagvillage Privacy Policy, and tagvillage Advertising Guidelines. Please note that the various tagvillage Guidelines may be updated from time to time without notice to You, so please check the applicable web page on every visit to the Site. Further, and without limiting the foregoing, you must have and abide by an appropriate privacy policy that complies with applicable privacy and data protection laws and that clearly discloses that third parties may be placing and reading cookies on your users' browser, or using web beacons to collect information, in the course of ads being served on your Resources.

G. Resources and Related Content

You are solely responsible for all websites, web pages, products, services, content, advertising and other information that viewers see and are available on Your Resources or linked to via Your Resources ("Resources Content"). You hereby represent and warrant that: (a) You are the owner of each of the Resources or You are legally authorized to act on behalf of the owner of such Resources for the purposes of these Publisher TOS and the Pubisher Services; (b) You own, or have enforceable and valid licenses to, all rights, including without limitation all copyright, trademark, patent, trade secret, publicity or other proprietary rights, in and to the Resources Content; and (c) the Resources Content do not breach, violate or infringe upon: (i) any third party rights, including without limitation any copyright, trademark, patent, trade secret, publicity or other proprietary rights, publicity or privacy rights, or other rights or duties under consumer protection, product liability, tort, or contract law; or (ii) any applicable laws, regulations or codes of conduct, including without limitation any applicable industry guidelines related to marketing or advertising content or activities. Any breach of the foregoing representations or warranties may result in immediate termination of these Publisher TOS or Your account, in tagvillage's sole discretion and without notice, and may subject You to damages.

H. Trademarks, Publicity

You agree that tagvillage may use and share Your company name and logo on the Website and in association with its business, including without limitation in presentations, Publisher search and statistical information, marketing materials and customer lists.

You may display the mark tagvillage and other tagvillage trade names, trademarks, service marks, logos and domain names that are provided to You by tagvillage with the Advertising served to Your Resources ("tagvillage Trademarks"), so long as such display is in the form provided by tagvillage (without any modification whatsoever) and in compliance with these Publisher TOS and the tagvillage Publisher Guidelines. When displaying any tagvillage Trademark, You shall clearly indicate that such tagvillage Trademark is owned by tagvillage and that it is being used by You under license. You agree not to display or use alongside Advertising served by tagvillage, any other advertisement or other content in a manner that may reasonably lead an end user of Your Resources to confuse such advertisement or content with tagvillage Advertising or otherwise associate such advertisement or content with tagvillage.

I. Termination

tagvillage may, for any reason, with or without notice, in its sole discretion, discontinue Your Advertising (or any part thereof), suspend or terminate the participation of any of Your Resources, or terminate Your account (including without limitation deletion of all account information and removal of access to the Publisher Platform), in which case You will be responsible for all commissions payable to tagvillage for any Advertising already displayed on Your Resources.

tagvillage may investigate any activity that may violate this Agreement. Without restricting the foregoing, You acknowledge that tagvillage may terminate Your account without notice if there has been no activity on it for a period of 6 months or more (as measured by tagvillage).

You may on ten days' written notice to tagvillage, including via the Publisher Platform or email, terminate Your account.

In case of any termination, or removal of any Position or Resource, You will remain responsible for all commissions payable and/or already paid to tagvillage for any Advertising displayed on Your Resources up to and including the effective date of cancellation as determined by tagvillage. tagvillage shall not be liable to you or any third party for any discontinuation or termination of Your Advertising or Your account or any access to the Pubisher Services.

J. tagvillage Proprietary Rights and Confidential Information

You acknowledge that tagvillage owns, or is the authorized licensee of, all right, title and interest, including all copyright, trademark, trade secret, patent and other proprietary rights in and to the Pubisher Services, Advertiser Platform, Publisher Platform and all associated software and technology, and the tagvillage Trademarks ("tagvillage IP"). You may not or may not allow any third party to: (a) copy, modify, adapt or create a derivative work from the tagvillage IP; (b) reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the tagvillage IP; or (c) sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the tagvillage IP. You agree not to access the Pubisher Services by any means other than through the Publisher Platform made available by tagvillage.

You acknowledge that certain technical or business information of tagvillage that You may access to as a result of Your use of the Pubisher Services are considered proprietary and confidential to tagvillage ("Confidential Information"). Confidential Information includes tagvillage IP and information relating to tagvillage Advertisers. You hereby agree to hold all such Confidential Information in strict confidence and to only use or disclose it to the extent it is required for Your use of the Pubisher Services under the terms of these Publisher TOS or as authorized in writing by a duly authorized representative of tagvillage. Confidential Information does not include information that has become publicly known through no breach by You, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

K. Your Account

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Pubisher Services' registration form and your account profile pages (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or tagvillage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, tagvillage has the right to suspend or terminate Your account and bar any and all current or future use of the Pubisher Services.

You will receive a password and member ID upon completing the tagvillage account registration process. You are responsible for maintaining the confidentiality of the password and member ID and are fully responsible for all activities that occur under Your account. You agree to: (i) immediately notify tagvillage of any unauthorized use of Your account or any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. tagvillage is not liable for any loss or damage arising from your failure to comply with this Section. You acknowledge that tagvillage may establish general practices and limits concerning use of the Pubisher Services. You agree that tagvillage has no responsibility or liability for the deletion or failure to store any Advertising or any messages, communications, information, statistics or content uploaded, maintained or transmitted by the Pubisher Services. You acknowledge that tagvillage reserves the right to close accounts that are inactive for more than six months or some other extended period of time as may be designated by tagvillage from time to time. You further acknowledge that tagvillage reserves the right to modify these general practices and limits from time to time.

You agree that tagvillage may access, preserve and disclose Your account information, and any information about Your Resources, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to among other things: (1) comply with legal process; (2) enforce these Publisher TOS; (3) respond to claims that any Resource violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of tagvillage, its users or the public.

L. Advertising and Linked Content

You understand that all Advertising and all content, information, data, text or other materials available through clicking on or linking through Advertising or Positions, including without limitation the Advertiser websites ("Linked Content"), are the sole responsibility of the Advertiser or the third party from whom such content originated.

tagvillage does not guarantee the quality, accuracy, completeness, or truthfulness of any Advertising, any information about any Advertiser which is made available on the Site or otherwise by tagvillage, or any Linked Content. You acknowledge that tagvillage does not control, approve of, or endorse any Advertiser, Advertising or Linked Content.

You should rely on Your independent investigation of an Advertiser before accepting a bid or Advertising from such Advertiser. You agree to evaluate, and bear all risks associated with, the displaying of Advertising on Your Resources. You understand that by using the Pubisher Services, Advertising that is offensive, illegal, indecent or objectionable may be displayed on Your Resources. Under no circumstances will tagvillage be liable in any way for any Advertising or Linked Content.

M. Fees and Payment

You will be entitled to receive a payment equal to the total fees received by tagvillage from Advertisers for the Advertising displayed on Your Resources as recorded in Your online account with tagvillage ("Advertising Fees") minus: (a) 50% of the Advertising Fees as a commission to tagvillage; and (b) any applicable taxes, charges or other fees or duties imposed by any government entity in connection with these Publisher TOS or Your participation in the Pubisher Services ("Taxes") (the resulting figure being "Publisher Earnings"). Publisher Earnings are in tagvillage Credits or in such other currency as may be agreed to in writing with tagvillage. Unless agreed to by tagvillage in writing, You will receive all applicable Publisher Earnings via deposit of tagvillage Credits into your tagvillage account. For clarity, Publisher Earnings shall be calculated solely based on records maintained by tagvillage and no other measurements or statistics of any kind shall be accepted by tagvillage or have any effect under this Agreement.

You agree to pay all Taxes. tagvillage will require you to disclose your residency status for tax purposes upon registration with our system and You hereby represent and warrant to tagvillage that such residency information is and shall be accurate, true and complete in all respects. If You are a United States of America Publisher, tagvillage will report Your earnings to the appropriate government agencies as required by federal, state, and regional laws. You expressly agree to such reporting of earnings and acknowledge that it does not constitute tagvillage Your agent in any respect whatsoever. You hereby irrevocably release and forever discharge tagvillage from and against any claims You might have now or in the future in relation to the reporting of earnings to governement authorities.

Unless otherwise agreed to by the tagvillage in writing, Publisher Earnings will be credited to Your account by tagvillage in the form of tagvillage Credits promptly after receipt of payment of funds from the Advertisers for Advertising displayed on Your Resources, provided that You acknowledge that settlement of amounts in Your account may not be immediate. You may remove funds from Your account once Your tagvillage Credits balance is equal to or greater than 25.00 tagvillage Credits per the terms and conditions defined by the tagvillage General Terms of Service. If You dispute any payment of Publisher Earnings, You must notify tagvillage in writing within thirty (30) days of any such payment; failure to so notify tagvillage shall result in the waiver by You of any claim relating to any such disputed payment.

For clarity, all fees for the displaying and running of Advertising on Your Resources are due and payable by the Advertisers. tagvillage has no liability whatsoever to You for the payment of any fees and the Publisher Earnings are solely and entirely conditional on receipt of fees from the applicable Advertisers. Without limiting the foregoing, tagvillage shall not be liable to pay You any Publisher Earnings or other amounts for any period of time during which Advertising was not properly displayed on Your applicable Resource in accordance with tagvillage specifications and guidelines, including without limitation any period of time during which Your website for the Resource was down, inaccessible or unresponsive. tagvillage reserves the right to withhold payment or charge back Your account due to the foregoing or any breach of this Agreement by You, or in the event that an Advertiser whose Advertising is displayed in connection with Your Resources defaults on payment for such Advertising to tagvillage. In addition, if You are past due on any payment to tagvillage in connection with any tagvillage services (including without limitation fees owed for Your own provision of Advertising to other tagvillage Publishers under tagvillage's Advertiser Terms of Service), tagvillage reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Pubisher Services by amounts owed by You to tagvillage.

You agree that any unclaimed funds credited to Your account do not earn interest and are not treated as currency. To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. In the event the Agreement is terminated, or if there is no activity on Your account for a period of six months, and tagvillage is unable to reach or contact You based on information in Your account, tagvillage reserves the right to close Your account, at which point any unclaimed funds will revert to tagvillage.

You acknowledge that tagvillage may change its pricing or payment structure at any time.

N. Indemnities, Release

You agree to defend, indemnify and hold tagvillage and its Advertisers, suppliers, licensors, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any third party claim or demand arising from, related to, or in connection with (a) Your breach or violation of these Publisher TOS or (b) the Resources or Resources Content.

Further, you will assist and cooperate as fully as reasonably required by tagvillage in the defence of any such claim or demand.

You hereby irrevocably release tagvillage and its suppliers, licensors, directors, officers, employees, agents and other related parties (collectively "Releasees"), from and against any and all actions, causes of action, liabilities, claims, demands for damages, insurance proceeds, expenses, costs or loss, of any kind and nature whatsoever and howsoever arising, which You have ever had, may now have, or may hereafter have against the Releasees, or any one or more of them, that are in any way relating to any Advertising or Linked Content, including without limitation the nature or quality of any products, services or content advertised or provided in or through such Advertising or Linked Content.

O. DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF THE PUBLISHER SERVICES AND PUBLISHER PLATFORM IS AT YOUR OWN RISK. THE PUBLISHER SERVICES AND PUBLISHER PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAGVILLAGE MAKES NO REPRESENTATION OR WARRANTY THAT: (A) YOUR RESOURCES WILL RECEIVE ANY ADVERTISING THROUGH THE PUBLISHER SERVICES; (B) YOU WILL RECEIVE ANY AMOUNTS UNDER THESE PUBLISHER TOS; (C) THE PUBLISHER SERVICES WILL MEET YOUR REQUIREMENTS, WILL PERFORM TO ANY STANDARD, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (D) THE ADVERTISING WILL BE DELIVERED ON AN ACCURATE, TIMELY, OR CONTINUOUS BASIS; (E) THE TRANSMISSION OF INFORMATION TO OR FROM THE PUBLISHER PLATFORM WILL BE SECURE; (F) THE PUBLISHER PLATFORM, ADVERTISING, POSITIONS OR ANY CODE PROVIDED BY TAGVILLAGE WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (G) THE PUBLISHER PLATFORM OR ADVERTISING WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE; OR (H) ANY INFORMATION ON ADVERTISERS PROVIDED ON THE SITE OR OTHERWISE BY TAGVILLAGE WILL BE ACCURATE, TIMELY OR COMPLETE; OR (I) THE ADVERTISING WILL BE NON-INFRINGING OF THIRD PARTY RIGHTS, OF GOOD TASTE OR QUALITY, LAWFUL, TRUTHFUL, ACCURATE, OR OTHERWISE IN COMPLIANCE WITH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) TAGVILLAGE AND ITS ADVERTISERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOSS OR INTERRUPTION TO YOUR BUSINESS) WHETHER UNDER THEORY OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH), TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY OR NEGLIGENCE IN ANY DEGREE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (II) TAGVILLAGE'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF (1) THE AGGREGATE AMOUNT OF COMMISSIONS RECEIVED ON ADVERTISING FEES BY TAGVILLAGE FROM YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND (2) US $10.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

P. General

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

Except as otherwise expressly provided in these Publisher TOS, there shall be no third-party beneficiaries to these Publisher TOS.

tagvillage may provide You with notices, including those regarding changes to these Publisher TOS, by postings in Your account interface on the Publisher Platform or pages on our Site. Notices are deemed received when published in Your account interface on the Publisher Platform or pages on our Site.

Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

You shall comply with all applicable laws, statutes, rules of conduct, ordinances and regulations regarding Your operation of Your Resources, Your use of the Pubisher Services, and Your management and display of Positions and Advertising on Your Resources.

These Publisher TOS shall be governed solely by the laws of the State of Texas in the United States of America and the applicable federal laws of the United States of America, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Travis County in the State of Texas in relation to all disputes arising from or related to these Publisher TOS or the Pubisher Services.

These Publisher TOS, including the tagvillage Publisher Guidelines, constitutes the entire agreement between You and tagvillage with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. In the event of any conflict between these Publisher TOS and the tagvillage Publisher Guidelines, these Publisher TOS shall govern. You acknowledge that you are not relying on any statements or promises of tagvillage in entering into these Publisher TOS and signing up for or using the Pubisher Services, and any conflicting or additional terms contained in any other documents or oral discussions are void.

tagvillage's failure to insist upon or enforce strict performance of any right or provision of these Publisher TOS shall not constitute, or be construed as, a waiver of any right or provision.

If any provision or part thereof, in these Publisher TOS is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein.

You and tagvillage are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Publisher TOS or your use of the Pubisher Services. You further acknowledge that any Advertiser and tagvillage are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Pubisher Services or any other terms of service.

You may not assign any of Your rights hereunder and any such attempt is void. tagvillage may assign this Agreement and its rights and obligations under this agreement without Your consent.

Any rights not expressly granted by these Publisher TOS are reserved to tagvillage.

In the event that these Publisher TOS or Pubisher Services is terminated, tagvillage shall not be obligated to return any materials to You.

The parties have expressly requested and required that these Publisher TOS and all other related documents be drawn up in the English language.

We re-examine our Publishers from time to time and remove those who were approved in the past, but are now violating these guidelines.

There are a few restrictions on the sites you, as a tagvillage Publisher, can put our ads on.

First off, it has to be a site that you have access to, obviously! While adding our code is a simple copy-and-paste operation, if you don't have access to your site to be able to paste this code in, there's not much we can do to help you, unfortunately.

Secondly, there are some content restrictions that we keep in mind when examining new sites. These include, but are not limited to:

A. Adult content

Sites with adult content are not allowed on tagvillage.

B. Sensitive content

Sites with hate speech and other sensitive content are not allowed on tagvillage. While we respect your right to express yourself as you wish, we also reserve our right to exercise discretion when adding publishers to our network.

C. Not enough content

There needs to be enough content on your site for us to make an informed decision. Newly-launched sites are fine, but they can't be empty or still be under major construction. If you're applying with a blog or comic site, we ask that you have at least 50 quality posts. We also require at least semi-frequent updates, or an archive that can stand alone without new content.

D. Sponsored content

This one mainly applies to blogs. There are blogs which have accepted money in order to link certain products. This can take a few forms: "review posts" (usually with affiliate links), links to other sites through click-tracking relays, double-underlined links on keywords, and so on. We have found that such tactics are very anti-reader and cause any additional advertisements (i.e., ours) to perform very poorly. If you have such posts on your site, it's unlikely we'll be able to have you as a tagvillge Publisher.

E. Duplicated content

If the content of your website isn't yours, that's a problem. Sites who have taken content from third parties (Wikipedia, other websites, press releases, and so on) are not what we're looking for: tagvillage Publishers create their own content, and have sites that are original, appealing, and engaging. This doesn't mean that you can't reference other works, of course! But there's a difference between doing this correctly and doing this wrong. Things that are bad include:

1. republishing Wikipedia pages and press releases;
2. posting content from other sites without credit;
3. posting articles from article directories, whether reworded or not;
4. sites that are primarily compiled content that is not original to them.

Examples of what is allowed include:

1. including excerpts from Wikipidia or press releases, used as background or commentary in a larger article;
2. occasionally posting content from other sites, with credit;
3. writing your own content from scratch.

F. Clean site design

Obviously beauty is in the eye of the beholder, but a site that is too difficult to navigate - or already is so plastered with ads that it's hard to tell where the actual content is - is hard for both readers and advertisers, and is unlikely to be accepted. Furthermore, if your site already has pop-up ads, or ads that take over the browser window ("pop-over ads"), we cannot accept your site. Such ads are very anti-reader and furthermore, obscure our own ads from being seen. It just wouldn't work out!

These tagvillage Advertiser Terms of Service ("Advertiser TOS") govern our relationship with users and others who interact with tagvillage. It contains the terms and conditions that govern your participation in the tagvillage Advertiser Platform ("Advertiser Platform" or "Advertisers"). "We", "us", "our", or "tagvillage" means tagvillage, inc., the Site located at http://www.tagvillage.com ("Site"), and all Services we provide through our software and applications ("Services"). "You" or "your" means you, individually and any applicable entity identified in your registration form or account profile. "tagvillage.com" means the tagvillage site. "Your site" means any site(s) and any software application(s) that you operate or manage.

A. ACCEPTANCE OF TERMS

These tagvillage Advertiser TOS are entered into by you, individually and on behalf of the applicable entity identified in your registration form or account profile, tagvillage, inc., and govern your use of the advertising and other services provided by tagvillage ("Services") through the tagvillage website at http://www.projectwonderful.com ("Site"). Any access to, or other use of, the Site or Services, signifies Your acceptance and agreement, without limitation or qualification, to be bound by these Advertiser TOS. Please note that these Advertiser TOS may be updated from time to time without notice to you, so please check this web page on every visit to the Site.

THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOUR USE OF THE SERVICES IS LAWFUL AND TO COMPLY WITH ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH THESE ADVERTISER TOS, OR ARE NOT AUTHORIZED TO AGREE TO THESE ADVERTISER TOS, YOU MAY NOT USE THE SERVICES SO PLEASE DO NOT PROCEED WITH YOUR REGISTRATION.

B. SERVICES

The Services are provided subject to these Advertiser TOS and on an "AS IS" and "AS AVAILABLE" basis. The Services for advertisers, including tagvillage's advertising placement services based on on-line auctions and time-based advertising, are generally described on the Site at http://www.tagvillage.com/advertisers/. tagvillage reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that tagvillage shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services. You are solely responsible for obtaining access to the Services, including any equipment or connectivity, and any associated third-party fees (such as Internet service provider or airtime charges or data communication charges), including fees associated with the upload, display, or delivery of advertisements. You agree that the Services may include certain administrative communications from tagvillage, and that these communications are considered part of tagvillage membership and You will not be able to opt out of receiving them.

C. ADVERTISING PLATFORM

Subject to Your compliance with these Advertiser TOS, tagvillage grants you a personal, revocable, limited, non-transferable, non-exclusive license solely to access the tagvillage on-line advertising platform ("Advertising Platform"), as made available to member advertisers from time to time by tagvillage, for managing Your advertising content, information, and URLs ("Advertising") and for bidding on tagvillage's third party publisher ("Publisher") websites for the placement of Your Advertising on such websites. Publisher advertising space is made available by Publishers to You subject to the payment of all applicable fees and the other terms and conditions of this Agreement.

The Advertising Platform is provided on an "AS IS" and "AS AVAILABLE" basis and You acknowledge that tagvillage assumes no responsibility for among other things: (a) any auction results; (b) any information or search results about Publishers; (b) any statistical information about Your Advertising; (c) any delay in publishing, updating, or removing any Advertising; (d) any information about Your Advertising uptime (period of time during which Your Advertising was displayed on a Publisher website); or (e) the accuracy, delivery, or storage of any Advertising, communication or personalization settings.

D. ADVERTISING CONTENT

You must provide the Advertising in the format specified by tagvillage either via the Advertising Platform or other communications method approved by tagvillage. You hereby authorize and consent to all placements of Advertising through the Advertising Platform. You agree that all placements of Advertising shall conclusively be deemed to have been approved by You unless You produce contemporaneous documentary evidence showing that You disapproved of such placements in the manner specified by tagvillage. You acknowledge that some viewers may not see Your Advertising, due to ad-filtering software or other restrictions or issues.

You may cancel Your Advertising through Your account via the online cancellation functionality available through the Advertising Platform, if any, or with prior written notice to tagvillage. tagvillage's advertising network will cease serving any such cancelled Advertising shortly after confirmed receipt of such cancellation.

You consent to and allow tagvillage or the Publisher, in their sole discretion, to refuse, reject, remove or deactivate for any reason any Advertising that you have supplied at any time, including any part thereof. You agree that neither tagvillage nor any Publisher shall be liable to You or any third party for any refusal, rejection, removal or deactivation of any Advertising. You will be notified of Advertising placements via the Advertising Platform, email or other communications method approved by tagvillage.

You understand that the processing and transmission of your Advertising may involve: (a) transmissions over various third party networks; and (b) changes to the Advertising in order to conform or adapt to the technical requirements of connecting networks or devices.

E. PROHIBITED ADVERTISING, CONDUCT, USES

You shall not or permit or authorize any other party to:

1. resell, transfer, rent, or otherwise provide access to, the Services, or any part thereof, including your member ID, to any third party;
2. advertise anything illegal or engage in any illegal or fraudulent business practice;
3. generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions;
4. use any automated means or form of scraping or data extraction to access, query or otherwise collect tagvillage advertising-related information from the Services except as expressly permitted by tagvillage;
5. advertise pornographic or adult-related (as determined in tagvillage's sole discretion) content, products or services;
6. upload, post or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
7. harm minors in any way;
8. impersonate any person or entity, including, but not limited to, a tagvillage official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Advertising transmitted through the Services;
10. upload, post or otherwise make available any Advertising that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
11. upload, post or otherwise make available any Advertising that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
12. upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
13. upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
14. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
15. intentionally or unintentionally violate any applicable local, provincial, federal or international law, including without limitation any applicable provisions of the laws of the United States of America;
16. "stalk" or otherwise harass another person; or
17. collect or store personal data about other users. You are solely responsible for the Advertising provided through Your account.

F. TAGVILLAGE GUIDELINES

Use of the Services is subject to any and all applicable tagvillage guidelines and policies in effect from time to time, including without limitation the tagvillage Privacy Policy, tagvillage Advertising Guidelines, and tagvillage Rules of Conduct (collectively, "Guidelines"). Please note that the Guidelines may be updated from time to time without notice to You, so please check the applicable web page on every visit to the Site.

G. LINKED CONTENT

You are solely responsible for all Advertising and all websites, web pages, products, services, advertising and other information that viewers are linked to via the Advertising ("Linked Content"). You hereby grant tagvillage permission to utilize an automated software program to retrieve and analyze websites associated with the Linked Content for ad quality and serving purposes.

You hereby represent and warrant that: (a) You own, or have enforceable and valid licenses to, all rights, including without limitation all copyright, trademark, patent, trade secret, publicity or other proprietary rights, in and to the Advertising and Linked Content; and (b) the Advertising and Linked Content do not breach, violate or infringe upon: (i) any third party rights, including without limitation any copyright, trademark, patent, trade secret, publicity or other proprietary rights; or (ii) any applicable laws, regulations or codes of conduct, including without limitation any applicable industry guidelines related to marketing or advertising content or activities. Any breach of the foregoing representations or warranties may result in immediate termination of these Advertiser TOS or Your account, in tagvillage's sole discretion and without notice, and may subject You to damages.

You hereby grant to tagvillage and its Publishers a worldwide, full paid-up, royalty-free, non-exclusive license and right to host, cache, route, transmit, store, copy, modify, adapt, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of, the Advertising or Linked Content in relation to: (a) the provision of the Services; or (b) tagvillage's business as conducted from time to time.

H. TERMINATION

tagvillage may, for any reason, with or without notice, discontinue Your Advertising (or any part thereof) or terminate Your account (including without limitation deletion of all account information and removal of access to the Advertising Platform), in which case You will be responsible for all Advertising Fees (as defined below) payable for any Advertising already run on the tagvillage network.

You may on ten days' written notice to tagvillage, including via the Advertising Platform or email, terminate Your account, in which case You will be responsible for all Advertising Fees payable for any ads run on the tagvillage network up to and including the effective date of account cancellation as determined by tagvillage.

tagvillage shall not be liable to you or any third party for any discontinuation or termination of Your Advertising or Your account or any access to the Services.

I. TAGVILLAGE PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION

tagvillage owns, or is the authorized licensee of, all right, title and interest, including all copyright, trademark, trade secret, patent and other proprietary rights in and to the Services, Advertising Platform and all associated software and technology ("tagvillage IP"). You may not or may not allow any third party to: (a) copy, modify, adapt or create a derivative work from the tagvillage IP; (b) reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the tagvillage IP; or (c) sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the tagvillage IP. You agree not to access the Services by any means other than through the Advertising Platform made available by tagvillage.

You acknowledge that certain technical or business information of tagvillage that You may access to as a result of Your use of the Services are considered proprietary and confidential to tagvillage ("Confidential Information"). Confidential Information includes tagvillage IP and information relating to tagvillage Publishers. You hereby agree to hold all such Confidential Information in strict confidence and to only use or disclose it to the extent it is required for Your use of the Services under the terms of these Advertiser TOS or as authorized in writing by a duly authorized representative of tagvillage. Confidential Information does not include information that has become publicly known through no breach by You, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

J. YOUR ACCOUNT

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form and your account profile (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or tagvillage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, tagvillage has the right to suspend or terminate Your account and bar any and all current or future use of the Services.

You will receive a password and member ID upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and member ID and are fully responsible for all activities that occur under Your account. You agree to: (i) immediately notify tagvillage of any unauthorized use of Your account or any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. tagvillage is not liable for any loss or damage arising from your failure to comply with this Section. You acknowledge that tagvillage may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days, if any, that uploaded Advertising will be retained. You agree that tagvillage has no responsibility or liability for the deletion or failure to store any messages and other communications or other Advertising maintained or transmitted by the Services. You acknowledge that tagvillage reserves the right to close accounts that are inactive for more than six months or some other extended period of time as may be designated by tagvillage from time to time. You further acknowledge that tagvillage reserves the right to modify these general practices and limits from time to time.

You agree that tagvillage may access, preserve and disclose Your account information, and any Advertising, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to among other things: (1) comply with legal process; (2) enforce these Advertiser TOS; (3) respond to claims that any Advertising violates the rights of third parties; (4) respond to Your requests for customer service; or (5) protect the rights, property or personal safety of tagvillage, its users or the public.

K. PUBLISHERS, THIRD PARTY CONTENT

You understand that all content, information, data, text or other materials available on Publisher websites ("Third Party Content"), are the sole responsibility of the Publisher or the person from whom such content originated. tagvillage does not guarantee the accuracy, completeness, or usefulness of any information about a Publisher which is made available on the Site or otherwise by tagvillage and tagvillage does not control, approve or endorse any Publisher or Third Party Content. You should rely on Your independent investigation of a Publisher before submitting Advertising for such Publisher's website and You agree to evaluate, and bear all risks associated with, the displaying of Your Advertising on a Publisher's website. You understand that by using the Services, Your Advertising may be displayed alongside or in association with Third Party Content that is offensive, illegal, indecent or objectionable. Under no circumstances will tagvillage be liable in any way for any Third Party Content.

L. FEES AND PAYMENT

You are responsible for all fees applicable to Advertising placed by You ("Advertising Fees"). Advertising Fees are based on the time and amount of your winning advertising bids as recorded in Your online account with tagvillage. You are liable for all Advertising Fees applicable to each of Your bids while it remains as the winning bid. Advertising Fees are payable directly to the applicable Publishers and tagvillage collects a commission on those Advertising Fees from the Publishers. Payments are non-refundable. You shall pay all charges in tagvillage Credits or in such other currency as may be agreed to in writing with tagvillage. Unless agreed to by tagvillage in writing, You shall pay all Advertising Fees via Your tagvillage Credits account balance.

Advertising Fees may include applicable taxes. You are responsible for paying all applicable taxes and government charges applicable to the Advertising Fees. If You are a resident of the United States of America, you hereby irrevocably release and forever discharge tagvillage and its Publishers from and against any claims you might have now or in the future in relation to any sales tax applied to the Advertising Fees.

Nothing in these Advertiser TOS will be deemed to obligate tagvillage to extend credit to any party. You agree that any unclaimed funds credited to Your account do not earn interest and are not treated as currency. If there is no activity on Your account for a period of six months, we reserve the right to close Your account, at which point any unclaimed funds will revert to tagvillage. tagvillage will notify you in advance if Your account is close to being depleted of funds. If and when Your account is depleted of funds all Advertising will be immediately cancelled without any liability whatsoever to tagvillage.

M. INDEMNITIES, RELEASE

You agree to defend, indemnify and hold tagvillage and its Publishers, suppliers, licensors, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any third party claim or demand arising from, related to, or in connection with (a) Your breach or violation of these Advertiser TOS or (b) the Advertising or Linked Content. Further, you will assist and cooperate as fully as reasonably required by tagvillage in the defence of any such claim or demand.

You hereby irrevocably release tagvillage and its suppliers, licensors, directors, officers, employees, agents and other related parties (collectively "Releasees"), from and against any and all actions, causes of action, liabilities, claims, demands for damages, insurance proceeds, expenses, costs or loss, of any kind and nature whatsoever and howsoever arising, which You have ever had, may now have, or may hereafter have against the Releasees, or any one or more of them, that are in any way relating to any Publisher's website, including without limitation the nature or quality of any products, services or content on such Publisher's website.

N. DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND ADVERTISING PLATFORM IS AT YOUR OWN RISK. THE SERVICES AND ADVERTISING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAGVILLAGE MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) YOUR ADVERTISING WILL BE DELIVERED ON AN ACCURATE, TIMELY, OR CONTINUOUS BASIS; (C) ANY CONVERSION RATES, USER CLICK-THROUGHS, INTERNET TRAFFIC, OR OTHER COMMERCIAL RESULTS WILL BE OBTAINED THROUGH YOUR ADVERTISING; (D) THE TRANSMISSION OF INFORMATION TO OR FROM THE ADVERTISING PLATFORM WILL BE SECURE; (E) THE ADVERTISING PLATFORM WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (F) THE ADVERTISING PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER OR SOFTWARE; (G) ANY INFORMATION ON PUBLISHERS SUCH AS TRAFFIC, SIZE OF AUDIENCE, OR USER DEMOGRAPHICS OR CHARACTERISTICS, WILL BE ACCURATE, TIMELY OR COMPLETE; OR (H) ANY PUBLISHER WEBSITE WILL BE CONTINUOUSLY DISPLAYING YOUR ADVERTISING OR GENERALLY AVAILABLE OR RESPONSIVE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) TAGVILLAGE AND ITS PUBLISHERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOSS OR INTERRUPTION TO YOUR BUSINESS) WHETHER UNDER THEORY OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH), TORT (INCLUDING WITHOUT LIMITATION STRICT LIABILITY OR NEGLIGENCE IN ANY DEGREE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (II) TAGVILLAGE'S AGGREGATE LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF (1) TWENTY-FIVE PERCENT OF THE AGGREGATE ADVERTISING FEES PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO THE LIABILITY AND (2) US $10.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

O. GENERAL

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

Except as otherwise expressly provided in these Advertiser TOS, there shall be no third-party beneficiaries to these Advertiser TOS.

tagvillage may provide You with notices, including those regarding changes to these Advertiser TOS, by postings in Your account interface on the Advertising Platform or other pages on our Site. Notices are deemed received when posted in Your account interface on the Advertising Platform or other pages on our Site.

tagvillage and other tagvillage marks, logos and product and service names are trademarks of tagvillage (the "tagvillage Marks"). Without tagvillage's prior permission, you agree not to display or use the tagvillage Marks in any manner.

Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

You shall comply with all applicable laws, statutes, rules of conduct, ordinances and regulations regarding your use of the Services and your bidding on, listing of, purchase of, and sale of any and all advertising space.

These Advertiser TOS shall be governed solely by the laws of the State of Texas in the United States of America, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Travis County in the State of Texas in the United States of America in relation to all disputes arising from or related to these Advertiser TOS or the Services.

These Advertiser TOS, including the tagvillage Advertising Guidelines, constitutes the entire agreement between You and tagvillage with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. In the event of any conflict between these Advertiser TOS and the tagvillage Advertising Guidelines, these Advertiser TOS shall govern. You acknowledge that you are not relying on any statements or promises of tagvillage in entering into these Advertiser TOS and signing up for the Services, and any conflicting or additional terms contained in any other documents or oral discussions are void.

tagvillage's failure to insist upon or enforce strict performance of any right or provision of these Advertiser TOS shall not constitute, or be construed as, a waiver of any right or provision.

If any provision or part thereof, in these Advertiser TOS is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein.

You and tagvillage are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Advertiser TOS or your use of the Services. You further acknowledge that any Publisher and tagvillage are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Services or any other terms of service.

You may not assign any of Your rights hereunder and any such attempt is void. tagvillage may assign this Agreement and its rights and obligations under this agreement without Your consent.

Any rights not expressly granted by these Advertiser TOS are reserved to tagvillage.

In the event that these Advertiser TOS or Services or any Advertising expires or is terminated, tagvillage shall not be obligated to return any materials to You.

The parties have expressly requested and required that these Advertiser TOS and all other related documents be drawn up in the English language.

The tagvillage Advertising Guidelines set out below may apply to advertising and the content of your website or third party content linked to via your advertising. tagvillage will apply such policies in its sole discretion.

The following list is not exhaustive and tagvillage may reject any advertising content that it deems problematic in its sole discretion.

In addition, and without limiting the following list, all advertising must comply with applicable law, including without limitation the laws of the United States of America.

All advertising provided through tagvillage must meet the following requirements:

1. Advertising of anything illegal under applicable law is prohibited.
2. Advertising shall not contain any pornographic, vulgar, obscene or adult-related content, or advertise any pornographic, vulgar, obscene or adult-related product or service.
3. Advertisers shall not engage in any illegal or fraudulent business practice.
4. Advertising shall not contain any content that is harmful, threatening, abusive, violent, harassing, torturous or hateful towards any organization, person, or group of people.
5. Advertising shall not be defamatory or libelous of any organization, person, or group of people.
6. Advertising shall not be false, misleading, or deceptive.
7. Advertising is not permitted for websites selling counterfeit goods.
8. Advertising that promotes child pornography or any sexually suggestive content involving children, or is otherwise harmful to minors in any way, is not permitted.
9. Advertising shall not impersonate any person or entity, or falsely state or otherwise misrepresent any affiliation with a person or entity.
10. Advertising shall not infringe any patent, trademark, trade secret, copyright, publicity, privacy, contractual, or other right of any party.
11. Advertising that solicits information for the purposes of "junk mail," "spam," or "chain letters" is not permitted.
12. Advertising shall not promote or resemble pyramid schemes, "matrix" schemes, Ponzi schemes, "reverse funnel" schemes or any other such non-sustainable business models which involve the exchange of money primarily for enrolling other people into the scheme, regardless of whether or not a product is sold.
13. Advertising shall not promote any system or plan to earn money that requires an initial investment in order to explore the system or plan in more detail.
14. Ads cannot use "trick to click" techniques and must not resemble Windows, Mac, Unix or other dialogue boxes or error messages.

The following policies also apply to ads with active content:

1. Specific tracking of user interactions that don't involve clicks is not allowed, including view-through tracking, key-modifier tracking, and mouse-location tracking.
2. If an ad contains audio, it must be user-initiated and cannot play automatically.
3. Ads must not activate on rollover.
4. Ads may not install software or otherwise alter system settings.
5. Any other ad or ad behavior considered disruptive, at tagvillage's sole discretion, is forbidden.