Last Modified: March 28, 2024
These terms of use (“Terms”) describe your rights and responsibilities while using the ONOtag mobile application (the “App”), owned and operated by ONOtag Inc., a Delaware corporation (the “Company” or “ONOtag”). The term “you” refers to the person using the App. Use of the App is governed by these Terms and our Privacy Policy. By using the App, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not want to agree to any of these Terms, you must not use the App. Also, by using the App, you are bound by Google’s Terms of Service.
The Company reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you. You should check the Terms from time to time when you use the App to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. Your continued use of the App will be deemed acceptance to the amended or updated terms. If any of the provisions of these Terms are not acceptable to you, your only remedy is to discontinue your use of the App.
The App provides the following functionalities (“Services”):
To use the Services through the App, the following must be true:
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the App. The Company reserves the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
To access the Services available in the App, you must first create an individual user account (“Account”). The Account registration form will ask you to sign in with an email address and password. It will also ask you for a display name and photo. Your display name and photo cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices.
You may also become a registered user of the App through your accounts with certain third-party social networking services, including Apple ID and Google (“SNS Account”).
If you link, connect, or log in to the ONOtag App with your SNS Account, you direct the service to send us information such as your first and last name and your email address, as controlled by that service or as authorized by you via your privacy settings at that service.
You agree to:
ONOtag offers an optional premium features subscription. “Subscription” means a user’s subscription to premium features in the App. If you decide to sign up for a Subscription, you will be billed for the subscription fee on a periodic (monthly, annual, or otherwise) billing cycle and the cycle starts on the date you sign up for the Subscription. This subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the end of the current Subscription period. You can manage your subscription and auto-renewal through your Apple App Store or Google Play Store account settings. We will not be able to offer refunds for any unused portion of the term.
For Apple App Store users: Your subscription is managed by your Apple ID and can be viewed or canceled through your App Store account settings.
For Google Play Store users: You can manage your subscription and auto-renewal through your Google Play Store account settings.
The Company reserves the right to change the Subscription fee for any renewal term to be effective upon the renewal of such Subscription. We will notify you of such change using the email you provide us upon registration.
Failure to pay the subscription fee will forfeit your right to enjoy the premium features available only to subscribers.
“Content” means text, images, photos and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page.
You alone are responsible for Your Content, and once posted to ONOtag, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described. You may not imply that Your Content is in any way sponsored or endorsed by ONOtag.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
ONOtag may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you irrevocably grant ONOtag worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ONOtag and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and ONOtag, you own Your Content. We own the ONOtag Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, and software. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the ONOtag Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the ONOtag Content are retained by us.
Your Content (including any that may have been created by users employed or contracted by ONOtag) does not necessarily reflect the opinion of ONOtag. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a tag if we believe it violates these Terms.
Please make sure Your Contents are appropriate for the App. For example, tags and takes should not be used to address things other than your experience as a consumer of the business. Avoid making threats, harassment, lewdness, hate speech, or other displays of bigotry in Your Content. Ensure that you respect others’ private information. For instance, please do not upload close-up photos of other patrons without their permission. Always post your own content. Do not take content from other sites, users, or businesses. Write your own tags and takes, and only share your own photos.
The Service enables users to communicate information to others through chat sessions. We authorize you to use this tool only for your personal, non-commercial purposes, unless otherwise expressly approved by the Company. What you say in chat sessions should be consistent with what is generally considered appropriate in a group conversation among friends, with friends of friends able to overhear your conversation.
You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
Please note that your display name will be seen by other users of the App, so be mindful as to what you choose as your display name.
Do not share any information that is confidential, that you do not want others to know, or that is subject to third-party rights through the App. The Company is not responsible for another user’s use, misuse, or misappropriation of any information you share via the App.
You agree to treat other users in a courteous and respectful manner while using the App. Though ONOtag strives to encourage a respectful user experience, ONOtag is not responsible for the conduct of other users of the App. You agree to use caution in all interactions with other users. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other ONOtag users.
You acknowledge and agree that your fellow users are neither employees nor agents nor representatives of ONOtag, and ONOtag assumes no responsibility for its users’ statements, acts, or omissions.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
ONOtag respects the intellectual property rights of others and requests all users of the App to do the same. If you believe your copyright has been infringed on the App, please notify us by email at support@onotag.com to submit a written notification, stating the location of the work claimed to be infringing. Upon the receipt of written notification of infringement and subject to applicable copyright laws, The Company may remove or disable access to any such Content. To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:
If the Company removes Content that a user submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification. To be effective, the counter-notification must be a written communication that includes substantially the following:
After receipt of a counter-notification, ONOtag will provide the person who submitted the claimed infringement notification, with a copy of the counter-notification.
ONOtag may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter-notice, unless The Company first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the App.
The Company reserves the right to deny a user’s access to the App, if we determine, at our sole discretion, that the user is a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded Content was removed from the Services more than twice.
Any person who knowingly materially misrepresents that certain Content is infringing, or certain Content was removed or disabled by mistake or misidentification may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the Content claimed to be infringing.
Please contact the Company’s copyright agent for all alleged infringement-related notifications:
As a condition of your use of the App, you agree to the following:
You will not use, or encourage or permit others to use, the App except as expressly permitted in these Terms. Specifically, you will not:
The Company does not promise that the App is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. Company may, but is not obligated to, provide updates to the application that improve compatibility with updated devices.
The App is available “as is” and “as available” and without any warranties of any kind. Without limiting the generality of the foregoing:
To the fullest extent provided by law, in no event will ONOtag, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, or any content in the App, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The Company’s maximum aggregate liability to you for losses or damages that you suffer in connection with the Service or these Terms is limited to $100.
In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by the applicable law.
You agree to defend, indemnify, and hold harmless ONOtag, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.
All matters relating to ONOtag, Privacy Policy, these Terms, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
We encourage you to contact ONOtag via email at support@onotag.com if you have concerns or complaints about the App or the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and ONOtag shall be resolved pursuant to this section.
At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with ONOtag, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of New Jersey, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
No waiver by ONOtag of any term or condition set out in these Terms should be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of ONOtag to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App unless otherwise set forth in a written agreement between you and ONOtag.
In the event of any conflict or inconsistency between the provisions of these Terms and the provisions of any of the other agreements between you and the Company, the provisions of this Agreement shall control.
All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to support@onotag.com.