Effective Date: August 16, 2017
1. Agreement between user and tabú
Welcome to tabú. The tabú site (the “Site”) is comprised of various web pages operated by Tabú Labs, Inc. (“tabú”), including the tabú app. tabú is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of tabú constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
tabú is a Forum/Online discussion Site. The purpose of tabú is to empower young adults to take control of their sexual health through engaging content and community.
YOU SHOULD BE AWARE THAT TABÚ IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY OR FETUS, PLEASE CONSULT WITH A PROFESSIONAL.
3. Electronic Communications
Visiting tabú or sending emails to tabú constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that tabú is not responsible for third party access to your account that results from theft or misappropriation of your account. tabú and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
tabú does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use tabú only with permission of a parent or guardian.
5. Links to third party sites/Third party services
tabú may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of tabú and tabú is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. tabú is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tabú of the site or any association with its operators.
Certain services made available via tabú are delivered by third party sites and organizations. By using any product, service or functionality originating from the tabú domain, you hereby acknowledge and consent that tabú may share such information and data with any third party with whom tabú has a contractual relationship to provide the requested product, service or functionality on behalf of tabú users and customers.
6. No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of tabú or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. tabú content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of tabú and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of tabú or our licensors except as expressly authorized by these Terms.
7. Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
tabú has no obligation to monitor the Communication Services. However, tabú reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. tabú reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
tabú reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in tabú’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. tabú does not control or endorse the content, messages or information found in any Communication Service and, therefore, tabú specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tabú spokespersons, and their views do not necessarily reflect those of Tabú.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
8. Materials provided to tabú or posted on any tabú web page
tabú does not claim ownership of the materials you provide to tabú (including feedback and suggestions) or post, upload, input or submit to any tabú Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting tabú, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. tabú is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in tabú’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. International Users
The Service is controlled, operated and administered by tabú from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the tabú Content accessed through tabú in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless tabú, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. tabú reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with tabú in asserting any available defenses.
11. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TABÚ LABS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TABÚ LABS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TABÚ LABS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
13. Termination/access restriction
Tabú reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and tabú as a result of this agreement or use of the Site. tabú’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of tabú’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by tabú with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and tabú with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and tabú with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
14. Changes to Terms
tabú reserves the right, in its sole discretion, to change the Terms under which tabú is offered. The most current version of the Terms will supersede all previous versions. tabú encourages you to periodically review the Terms to stay informed of our updates.
15. Contact Us
tabú welcomes your questions or comments regarding the Terms. If you believe that tabú has not adhered to this statement, please contact us at email@example.com. Thank you!
Effective Date: August 16, 2017
1. Personal data we collect
The information collected during your use of the App and Site includes the following:
(a) Submitted Information. As part of using the App and Site, you may submit certain information to us. For example, you may elect to post questions, comments or other content through the App or Site for viewing by other users. In addition, you may provide us with an e-mail address or phone number as part of your registration so that we can verify your account. You may also choose to provide us with information, including Personal Information, through other channels such as by sending us an e-mail. “Personal Information” means information such as a name or email address that we can directly associate with a specific person or entity without additional information. Note that it is not currently required that you provide any Personal Information when registering to use the App or Site. The App/Site will identify you by creating an anonymous identifier associated with your mobile device.
(b) Automatically Collected Information. When you use the App or Site, we gather certain non-personally identifiable information from you, and this information can be associated with your user account. This includes usage information, such as information on when, how often and for how long you use the App, as well as server log data such as an IP address, browser type or the webpage you were visiting before you came to the App/Site.
(c) Tracking and Cookies. The App or Site may use both web beacons and cookies to collect information. “Beacons” (also often referred to as “pixels”) are tiny graphics on a web page designed to track when a page is viewed. “Cookies” are small text files containing a string of alphanumeric characters that are downloaded by your web browser or mobile device when you visit a website. We may use both session cookies and persistent cookies when you access and use the App or Site. One of the primary purposes of cookies is to provide a convenience feature to save you time. Cookies may be used, for example, to remember your user account information and your preferences, to customize the interface of the App and Site for you and to assist us in measuring and analyzing Service traffic. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the App or Site. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the tabú services or websites you visit. Please review your browser’s documentation to learn the best way to modify your cookie settings.
(e) Location-Based Information. If you allow the App/Site to use your location, we will receive information regarding your precise location (using the GPS antenna within your device) when the App/Site is running on your device. We use that information to show you content posted by other users in your area and to display content you post to users with your area.
2. How your data is used
We internally use the information we collect as follows:
(a) Provision of App/Site. We may use collected information for the purposes for which you provided the information including, for example, to create and maintain an account for you or to respond to a question that you e-mail to us. We also use the collected information as necessary to provide the features and functionality of the App/Site to you and as reasonably necessary for our business operations. This includes posting communications you create through use of the App or Site for viewing by other users in accordance with the intended functionality of the App/Site.
(b) Updates and Troubleshooting. We may also use the collected information to contact you regarding updates or modifications to the App/Site or to help troubleshoot problems, provide you with required notices in connection with disputes between you and another user or alert you to changes in our policies or agreements that may affect your use of the App/Site.
(c) Personalized Content. We may use the collected information to personalize the content that you and others see based on personal characteristics or preferences.
(d) Analytics and Improvements. We may also analyze collected information relating to your use of the App or Site in order to help us improve the App/Site and develop and improve other products and services.
(e) Promotional Offers. We may use the collected information to provide you with promotional materials and offers. However, we will give you the ability to opt out of receiving such e-mails to the extent required under applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
(f) Combination. We may combine personal information collected through the App//Site with other information that we or third parties collect about you in other contexts—such as our communications with you via email, SMS text or phone, or your customer service records.
(g) E-mail Communications. To the extent you have provided us with your e-mail address, we may periodically send you news about our company or the App/Site as well as notifications about activity taking place on the App/Site or reminders to use the App/Site. We will provide with the ability to opt-out of such e-mails to the extent required under applicable law.
3. Sharing of information
We share and disclose the information we collect about you in a de-identified, aggregated way (meaning that no user will be specifically identified) as follows:
(a) Advertising. We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its interests and usage patterns.
(b) Aggregated Data. We may report aggregated, anonymous data relating to activity on this App to third parties or the general public. By way of example only, this may include the provision or publication of reports regarding the geographical distribution of our user base.
(c) Research. We strive to help advance research into sexual health and education globally. Before tabú provides data for research, the data is anonymized by removing any information that can be used for the identification of individuals. tabú and our collaborators may publish the results of academic, clinical or internal research in the form of data visualizations or text findings.
(d) Business Arrangements. We may disclose non-personally identifiable information to third-party partners in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.
4. Limited cases in which we would disclose identifiable information.
tabú is intended to provide a platform for anonymous sexual health discovery and education. As such, we will share information which can identify a specific user only in limited circumstances:
(a) Transfer as Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess, including Personal Information, shall be transferred as a corporate asset to the acquiring entity.
(b) Third-party Service Providers. We use contractors and third-party service providers to assist us in making the App/Site available. Such third-party contractors or service providers may obtain access to the information you provide, including Personal Information in limited instances.
(c) Legal Reasons. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe it is necessary or appropriate to protect the rights, safety or property of the Company, our users and/or third parties. This may include Personal Information.
tabú discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on tabú’s behalf or to provide services available at tabú’s websites, and (ii) that have agreed not to disclose it to others.
5. Data security
The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your personal information or usage information.
6. Children under 13
tabú does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this app.
7. View, amend, and delete your information
To delete all data associated with your account, please email us at firstname.lastname@example.org and provide your user name. We may require you to take steps to verify that you are the owner of the account with that user name. Please note that while changes to your profile information are reflected promptly in active user databases, our servers may retain previously provided information.
8. Opt-out & unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from tabú by contacting us here:
Web page: www.talktabu.com
9. Changes to this Statement
tabú will occasionally update this Policy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how tabú is protecting your information.
tabú welcomes your questions or comments regarding this Policy. If you believe that tabú has not adhered to this Statement, please contact us at email@example.com. Thank you!