— Your privacy is critically important to us.
– Website Visitors
Like most website operators, Tada collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Tada’s purpose in collecting non-personally identifying information is to better understand how Tada’s visitors use its website. From time to time, Tada may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Tada also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://trytada.com/ blog posts. Tada only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
– Gathering of Personally-Identifying Information
Certain visitors to Tada’s websites choose to interact with Tada in ways that require Tada to gather personally-identifying information. The amount and type of information that Tada gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://trytada.com/ to provide a username and email address.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
– Links To External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
– Aggregated Statistics
Tada may collect statistics about the behavior of visitors to its website. Tada may display this information publicly or provide it to others. However, Tada does not disclose your personally-identifying information.
To enrich and perfect your online experience, Tada uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
Those who engage in transactions with Tada – by purchasing Tada’s services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Tada collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Tada. Tada does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Customer will defend Tada against any claim made or brought against Tada by a third party (a “Claim”) arising out of Customer’s use of the Tada Service and will indemnify Tada for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Tada in connection with any such Claim; provided that (a) Tada will promptly notify Customer of such Claim, (b) Customer will have the sole and exclusive authority to defend and/or settle any such Claim (provided that Customer may not settle any Claim without Tada’s prior written consent, which will not be unreasonably withheld, unless it unconditionally releases Tada of all liability) and (c) Tada reasonably cooperates with Customer in connection therewith.
– Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL TADA BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A TADA HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TADA BE LIABLE FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
– Restrictions on use
As a condition of your use of and access to the Tada Service, you agree to comply with any application-, tool-, or content-specific rules published within the Tada Service as well as the following usage rules, which Tada may modify or supplement in its discretion from time to time. You agree that you will not, in regard to the Tada Service (as determined by Tada in its discretion):
(a) copy, adapt, reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Tada Service creates to generate web pages or any software or other products or processes accessible through the Tada Service;
(b) access or use the Tada Service in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Tada Service that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Tada Service);
(c) use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Tada Service for any unauthorized purpose or distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program;
(d) remove, modify, disable, block, obscure or otherwise impair any notice, legend, warning, banner or advertisement contained on the Tada Service;
(e) interfere with or circumvent any security feature of the Tada Service or any feature that restricts or enforces limitations on use of or access to the Tada Service;
(f) sell the Tada Service or any part thereof in exchange for real currency or items of value;
(g) use the Tada Service for timesharing or service-bureau purposes or otherwise for the benefit of a third party;
(h) use the Tada Service in a manner that damages, disables, overburdens, impairs, or gains unauthorized access to the Tada Service, including Tada’s servers, computer network, or user accounts;
(i) violate any applicable law in your jurisdiction or the jurisdiction in which the message is received, including without limitation any applicable export laws, or third-party rights (including third party terms of service);
(j) harvest or otherwise collect information about others, including email addresses or phone numbers, without their permission or under false pretenses;
(k) use the Tada Service in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voicemail, video, email, or faxes;
(l) use the Tada Service to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions);
(m) use the Tada Service for hosting, transmitting or making available content (for example, images and documents) that infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(n) engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
(o) repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent Tada’s applicable fees or other billing procedures;
(p) set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise;
(q) further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”
(r) deliberately mislead anyone as to your identity, impersonate another, forge an email address or header, or phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of a message, email or phone call, or falsely identify the source of any submissions, or allow another person or entity to use your identity in order to access the Tada Service or post or view submissions;
(s) copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Tada Service for public or commercial purposes without our express written permission;
(u) use the Tada Service in any manner that causes a telecommunications provider to complain about such use to Tada or its service providers or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Tada to you;
(v) include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Tada Service that encourage a recipient to forward the message to another recipient, other than as expressly permitted within the Tada Service; or