Here's all the legal stuff. Please make sure you take a close look.
Terms of Use
READ THESE TERMS CAREFULLY BEFORE CLICKING THE "AGREE" BUTTON. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. CLICKING ON THE BUTTON MARKED "I AGREE" INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
Taglinemachine.com is operated by Tagline Machine. The website at http://www.taglinemachine.com is hereafter referred to as the “Tagline Machine” web site. Use of the information, services and products offered in the members' section of the Tagline Machine web site is expressly conditioned upon acceptance of this agreement. This agreement, including the referenced privacy policy, represents the entire agreement between you and Tagline Machine and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page or in writing signed by an authorized agent of Tagline Machine.
Tagline Machine grants you a non-exclusive, non-transferable, limited right to access, use and display the contents of the paid members' section of this web site. You agree to provide accurate and truthful information, you agree to pay the rate specified in the offer to you, and you agree that Tagline Machine does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by Tagline Machine.
Neither Tagline Machine nor any of its online service providers or other agents shall have any liability for the actions or inactions of third parties, partners or users of the site, or for the contents of any advertisements or user comments, or for assertions or omissions therein. Tagline Machine shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Tagline Machine shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the web site. Tagline Machine does not guarantee any services that might be announced, nor does it guarantee that any third party connection or software will work with your computer system.
Neither Tagline Machine nor any of its agents makes any warranties, expressed or implied, about results obtained from use of any information found on this web site. The web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tagline Machine has no control over such sites and resources, you acknowledge and agree that Tagline Machine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Tagline Machine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or web sites available on or through any such site or resource.
THIS SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
You agree that access and use of Tagline Machine and the content thereof is at your own risk and that you will be solely responsible for information transmitted by you, whether by email or this web site. Neither Tagline Machine nor any other party involved in providing this web site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of anyone's access, use or inability to use Tagline Machine, or any errors or omissions in the content found therein. In states that do not allow the exclusion or limitation of incidental or consequential damages, Tagline Machine's total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. You agree to indemnify and hold harmless Tagline Machine, its owners and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, attorneys' fees and costs. Tagline Machine is not responsible for any damages, including damages that result from, but are not limited to, negligence.
The Tagline Machine retains the right to refuse to provide its services to any site that; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; contains nudity, violence, offensive subject matter or a link to an adult website; 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; that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law; you do not have a right to access 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); or is in our sole judgment, objectionable, or which may expose The Tagline Machine, its owners, agents, users or members to any harm or liability of any kind.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless Tagline Machine, its affiliates and their respective officers, employees, directors, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees and costs) arising from your use of web site, your violation of this agreement or your infringement (including, without limitation, your dissemination of any information on the web sites), or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Tagline Machine of any unauthorized use of your account or any other breach of security known to you.
You agree that any communication or material transmitted to Tagline Machine via this web site or Internet email is not confidential and that your communications may be read or intercepted by others. Communication or material sent to Tagline Machine, its owners or agents may be used in any manner it sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.
Access to the members' area requires you to open an account, and you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Your subscription, username and/or password may not be assigned or transferred to any other person or entity. You must promptly inform Tagline Machine of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until Tagline Machine is notified by email or by telephone of any breach in security, you will remain fully liable for any unauthorized use of the web site. You may not use anyone else's account at any time. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you agree to immediately change your password and notify Tagline Machine by sending email here.
Unless and until this agreement is cancelled in accordance with the terms hereof, you hereby authorize Tagline Machine to charge your credit card (or other approved facility) to pay for the ongoing cost of membership. You further authorize Tagline Machine to charge your credit card (or other approved method) for any and all purchases of products, services and entertainment provided by the site. You agree that you will not seek and that Tagline Machine need not provide any refund of payments made pursuant to this agreement.
The Privacy Statement is incorporated herein by reference.
Payment for services provided to you at or through this web site may be made by credit card and you hereby authorize Tagline Machine and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to Tagline Machine, or as unauthorized any charge by Tagline Machine, for any goods or services for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized.
You represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving information, services or products under the laws of the United States or other applicable jurisdiction.
When requested, Tagline Machine will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the web site (including your password), use of the web site, or access to the web site.
You agree that Tagline Machine may, without prior notice, immediately terminate your Tagline Machine account, any associated email address, and access to the web site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this agreement, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the web site (or any part thereof), (e) unexpected technical or security issues or problems, (F) inappropriate content uploaded from your account, and (g) extended periods of inactivity. Termination of your Tagline Machine account includes (a) removal of access to all offerings within the web site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and/or (c) barring further use of the web site. Further, you agree that all terminations for cause shall be made in Tagline Machine's sole discretion and that Tagline Machine shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the web site.
Tagline Machine may provide you with notices by email or postings on the web site.
The failure of Tagline Machine to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
Interpretation and enforcement of this agreement shall be governed by the laws of the State of California. You consent to personal jurisdiction in the federal and state courts of Los Angeles County, California, for any action arising out of or relating to your use of this web site and agree that the federal and state courts of Los Angeles County, California, shall have exclusive jurisdiction over such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys' fees.
In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Privacy Policy
The Tagline Machine (“Tagline Machine”) recognizes that your privacy and the protection of your personal information is important to you and is committed to protecting them. This Privacy Policy describes the measures taken by us to protect your privacy in connection with your use of www.taglinemachine.com, and other sites owned and operated by Tagline Machine (henceforth “Sites”). The Sites encompass all aspects of the Tagline Machine service.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING OUR SITE AND THE RELATED SERVICES PROVIDED BY TAGLINE MACHINE (THE “SERVICES”), YOU SIGNIFY YOUR AGREEMENT TO THIS POLICY.
Personal Information
Users of Tagline Machine services may access public pages of the site without registering. Users who choose to make use of Tagline Machine services may do so by means of a) contacting The Tagline Machine using the means provided or b) by submitting details via the “Creative Brief and Details” form available on the start page of the Tagline Machine site.
Content added to Sites.
Users' “Creative Brief and Details” are stored for use by Tagline Machine in the completion of services for paid Clients, and be stored for future reference for Users who do not choose to utilize Tagline Machine services. Tagline Machine will endeavor to maintain the confidentiality of, but does not under any circumstances guarantee the confidentiality of such information.
Uses
Tagline Machine will never sell, rent, or otherwise provide your email address or other personally identifiable information we receive from you to any third parties for marketing purposes or allow any other user of the Sites to have access to your profile information. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent. We may, however, contact you via email for non-marketing administrative purposes (such as notifying you of Tagline Machine site or service changes or for customer service purposes).
How your information is protected:
Tagline Machine strictly protects the security of the personal information you provide. Personal information we collect is stored in password-controlled servers with limited access, and we carefully protect this information from loss or misuse, and from unauthorized access, disclosure, alteration, or destruction.
When your information may be disclosed:
Tagline Machine may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the requirements of the law or comply with legal process served on Tagline Machine or the Sites. Tagline Machine may also disclose personal information in the event of business transformation, merger or asset purchase.
Updates to this Privacy Policy:
Tagline Machine and Simon Gornick may occasionally update this Privacy Policy. When we do, we will also revise the “last modified” date at the top of the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates.
Terms of use:
You must also visit and read our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our Sites.
Third party links:
In an attempt to provide you with increased value, we may include third party links on our Sites. The websites to which we link have separate and independent privacy policies. This Privacy Policy only covers our Sites and does not cover any other website. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these linked sites (including if a specific link does not work).
Contacting us:
We would like to receive your comments and questions about this Privacy Policy and any other matters you have regarding our Sites. Please send comments or questions to us via our contact page.
You can reach us via our contact page or by mail at
The Tagline Machine
PO Box 6623
Beverly Hills CA 90212
Last Modified Date: 9.18.10
