AGREEMENT BETWEEN USER AND Tangent Applications and Services

The Tangent Applications and Services Web Site is comprised of various Web pages operated by Tangent Applications and Services. This Web site is an online information and communication service provided by Tangent Applications and Services Inc. and its affiliated companies ("Tangent"). Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Tangent reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. These Terms of Use were last updated on July 12, 2004. Tangent retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Web site provides links to many other Web sites affiliated with Tangent that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on this Web site, you agree to abide by each applicable Terms of Use policy as therein specified.

Trademarks, Copyrights and Restrictions

This site is controlled and operated by Tangent Applications and Services Inc. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Tangent, its related companies or by other parties that have licensed their material to Tangent. Material on tangentapps.com or any Web site owned, operated, licensed or controlled by Terralert Inc. is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Tangent. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Tangent's copyrights, trademarks and other proprietary rights, and is prohibited. Submissions

The Web site may provide features that allow you to post messages and content, to interact with Tangent and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Tangent imposes an unreasonable or disproportionately large load on the Tangent website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Web site, you grant Tangent a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Tangent; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Tangent is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
Tangent may review Submissions before they are posted. Tangent may refuse to post any Submission to the Web site. Tangent reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Tangent may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with Tangent's Privacy Policy.
Tangent is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Tangent.
While Tangent is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).

RSS

Tangent owns and operates these RSS/XML feeds (individually and collectively designated the “Tangent Feed”) you have specifically selected. This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Tangent Feed. By accessing and using the Tangent Feed you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Tangent Feed. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE TANGENT OPERATING THIS TANGENT FEED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Tangent may revise this Agreement at any time by updating this posting. Use of the Tangent Feed after such changes are posted will signify your agreement to these revised terms. You should visit this posting periodically to review this Agreement.

Links

This site may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Tangent is not responsible for, and does not endorse, the content of any Linked Sites whether or not Tangent is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site.
Tangent welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Tangent. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Tangent site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Tangent site without prior written consent of Tangent.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE MATERIALS ON TANGENT'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TANGENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER TANGENT, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TANGENT'S WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TANGENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON TANGENT'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. TANGENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TANGENT'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THE TANGENT SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER TANGENT, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TANGENT'S WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER TANGENT WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TANGENT AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT TANGENT) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TANGENT IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Indemnification

You agree to indemnify, defend and hold harmless, Tangent, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Tangent reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tangent in asserting any available defenses.

Information Updates

Materials contained on this Web site or in links from the Web site are dated as of the date originally issued or posted and may no longer be accurate. While Tangent tries to ensure that any information posted to this website is both timely and accurate, errors may appear from time to time and certain information may not be the most current information available. While follow-up information and reports may be posted, the web site may continue to provide access to the original information and reports, as in an archive of press releases, for example, and Tangent may not change the original report to reflect the new developments. Individuals looking for the most recent information should be sure that they are not accessing an outdated report. Before acting on information found on the site, facts that are important to a decision should be independently confirmed. Tangent assumes no obligation to update any materials.

Jurisdictional Issues

Unless otherwise specified, the materials in the Tangent Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Tangent from its offices within the State of New York, United States of America. Tangent makes no representation that materials in Tangent's Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Tangent bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Tangent.

Privacy

Tangent is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of Tangent's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink). By having this information, Web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Tangent only when voluntarily submitted by the users. Tangent will only use personally identifiable data provided at this site for the purposes described at the time it is collected (for example, the e-mail addresses visitors provide in order to receive e-mail alerts will only be used for the purpose of sending these e-mail alerts). Tangent sites, as well as any other third party sites linked to from this Web site, may each have different privacy policies and practices. You should carefully review these other Web sites' privacy policies in order to determine how each site may use any personal information you provide.
As we operate internationally, and many of our computer systems are currently based in the United States, your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

COOKIES AND OTHER TECHNICAL INFORMATION

We send "cookies" to your computer primarily to enhance your online experience. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use "Web beacons" that monitor your use of our sites. Web beacons (or Web bugs) are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.
On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the site with personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.
By accepting this Privacy Policy, you specifically agree to our use of cookies and Web beacons as described herein. You may adjust your browser to reject cookies from us or from any other Web site. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. Please consult the "Help" section of your browser for more information. However, certain areas of our sites can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

A Special Note for Parents Concerning Privacy

On sites specifically designed for children, Tangent makes a special effort to encourage children to consult with their parents before furnishing data. However, Tangent believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a "kid-friendly" online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org).

Accessibility

Tangent is committed to diversity. In keeping with this commitment, Tangent's website is equipped with adaptive functionality designed to increase the accessibility of the website to individuals with disabilities. This adaptive functionality includes, but is not limited to, providing text equivalents for images with the use of "alt" tags and providing options to adjust the volume.
Copyright 2004 Tangent Inc.