Tagger Agreement

For purposes of this Agreement, "Tasks" mean any service or task that an App participant performs on or through the App, App participants who perform Tasks are "Taggers". References to “you” and “your” in this Agreement apply to Taggers.

1. Registration.

   1. Registration. When you register for the App, you must provide complete and accurate information and ensure that such information (as well as any additional information we may require to, among other things, verify your identity) is complete, accurate, and up-to-date at all times. Only the person that will eventually become the Tagger may register on behalf of themselves.

   2. Requirements to be a Tagger. When registering to be a Tagger, you agree that the following is true:

      1. You are 18 years of age or older, or have the consent of a legal representative or guardian if you are not;

      2. You have an email address;

      3. You are not currently already a Tagger; and

      4. You are not violating any laws or rules of any organisation to which you belong by registering to be a Tagger.

   3. Passwords and Account Use. You are solely responsible for maintaining the secrecy and security of your password, and any use or action taken under your account. If your password is compromised, you must change your password. You may not permit any other person or entity to request or perform Tasks using your account. If you believe there is an error or unauthorized transaction or activity associated with your account, contact us immediately.

2. Task Content. Tictag or our clients may make Tasks available on the App. While Tictag will do our best to remove offensive content from Tasks, Tictag is not responsible for the content that may be found within Tasks. If you come across offensive, discriminatory or adult content within the Tasks, please report such content to Tictag immediately.

3. Your Use of the App.

   1. Tagger. As a Tagger, you agree that: (i) you will use your human intelligence and independent judgment to perform Tasks to the best of your ability; (ii) you will not use robots, scripts, or other automated methods as a substitute for your human intelligence or independent judgment to perform Tasks; (iii) you will supply complete and accurate information for all Tasks you perform to the best of your ability; (iv) you will not perform Tasks through venues other than the App (unless expressly permitted or requested by Tictag); and (iv) the Tasks you perform may be rejected at the discretion of Tictag without reason provided (although we will usually try to inform Taggers on their mistakes).

   2. Work for Hire. Any output from Tasks you perform as a Tagger is a "work made for hire" for the benefit of Tictag, and you (i) agree that all ownership rights, including all intellectual property rights, will vest with Tictag immediately upon your performance of those Tasks, and (ii) waive all moral or other proprietary rights that you may have in that output. To the extent any ownership rights do not vest in Tictag under applicable law, you hereby assign or exclusively grant (without the right to any compensation) all right, title, and interest, including all intellectual property rights, in that work product to Tictag.

   3. Reporting. If you become aware of a participant violating this Agreement or otherwise disrupting the operation of the App, please report that to us immediately. 

   4. Independent Contractor. Taggers perform Tasks on the App in their personal capacity as an independent contractor and not as an employee of Tictag or our affiliates. As a Tagger, you agree that: (i) you are responsible for and will comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations; (ii) this Agreement does not create an association, joint venture, partnership, franchise, or employer/employee relationship between you Tictag or our affiliates; (iii) you will not represent yourself as an employee or agent of Tictag or our affiliates; (iv) you will not be entitled to any of the benefits that Tictag or affiliates may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (v) you are not eligible to recover worker's compensation benefits in the event of injury.

   5. Policies and App Access. Please review our Terms of Use for examples of prohibited activities. You are solely responsible for compliance with the Terms of Use and any other policies that we post on the App or otherwise provide to you. Your right to use the App is limited to your use as intended by Tictag, such as, but not limited to, requesting and performing Tasks and redeeming coins. You may not use the App for any other purposes or in any way that: (i) is unlawful; (ii) harms Tictag (e.g., to support any competing crowd sourcing site), or its affiliates, customers, suppliers or other parties, as determined in our sole discretion; (iii) violates this Agreement; or (iv) could damage, disable, overburden, or impair the App (or any network(s) connected to the App), interferes with any other party's use of the App, or otherwise undermines the integrity of the App or any of its features.You may not use any data mining, robots, or similar data gathering or extraction tools on the App.

   6. Feedback; Materials You Post or Provide. We may implement mechanisms allowing us and others to track your requests for, or your performance of, Tasks and rate your performance as a Tagger, and we reserve the right to collect that feedback related to you and to display the feedback on the App. The Task output that you upload and Tasks that you receive via the App may be retained and used to improve the App and other products and services offered by us or our affiliates. For any other information and materials you post or otherwise provide to us related to the App, including scripts, browser plug-ins and extensions, or other programs for use on the App (each, a "Submission"), you grant us a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to (i) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, your Submission in connection with operating and improving the App, and (ii) sublicense these rights. We will not pay you for your Submission, and may remove your Submission at any time. For each Submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section.

   7. Fraudulent Transactions. Fraudulent transactions may result in loss of your Tagger coins. You should contact us immediately if you believe an unauthorized transaction or activity associated with your account has occurred.

4. Coins. Tictag reserves the right to award or to remove coins, whether for events, Tagger engagement or other activities, to Taggers at its own discretion. By using the App, you agree that Coins have no monetary value and have no value other than for use in the Tictag App.

5. Reward Redemption. As a Tagger, you may be awarded coins (“Coins”) for the performance of Tasks on the App. These Coins may be used to redeem for certain items (“Rewards”) as made available by Tictag from time to time. Coins may not be transferred, sold or otherwise moved to other parties, and may only be used for the redemption of Rewards from Tictag. Tictag reserves the right to modify the rewards made available to Taggers from time to time without prior notice, as well as the right to deny the redemption of any Rewards to any Tagger with good cause, to be determined at Tictag’s sole discretion.

6. Taxes. You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, and other taxes or duties assessed, incurred or required to be collected, or paid for any reason in connection with any request for, or performance of Tasks, or redemption of Rewards, or your use of the App, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives ("Taxes") and to collect, withhold, report, and remit correct Taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. YOU AGREE THAT WE ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND WE ARE NOT RESPONSIBLE TO COLLECT OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION.

7. Compliance. The App may be used only for lawful purposes and in a lawful manner consistent with our Terms of Use. In connection with your use of the Site, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.

8. Use of Information; Publicity and Confidentiality.

   1. Our Use of Information. By visiting or registering for the App, you authorize the collection, use, and disclosure of information in accordance with our Privacy Policy. In addition, we may share certain information about you to improve the App, including, for example, badges obtained, coins obtained, and other attributes related to your use of the App.

   2. Your Use of Information. You may only use information or other data acquired from your use of the App, including all information and data from Tasks, solely as necessary to use the App and for no other purpose (e.g., you may not use that information or data for solicitation, advertising, marketing, unsolicited e-mails or spamming, harassment, invasion of privacy, or otherwise objectionable conduct).

   3. Publicity and Confidentiality. You may receive information relating to us or the Site that is not known to the general public ("Confidential Information"). You agree that (i) all Confidential Information will remain our exclusive property, (ii) you will use Confidential Information only as is necessary for your participation on the Site, and (iii) you will not otherwise disclose Confidential Information to any other person. Unless you have received our express written permission, you may not issue any press release related to Tictag or your use of the App.

9. No Warranties. THE APP, THE TASKS, AND THE PERFORMANCE AND RESULTS OF THE TASKS ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE APP, THE TASKS, AND THE PERFORMANCE AND RESULTS OF THE TASKS ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, THE TASKS, OR THE PERFORMANCE AND RESULTS OF THE TASKS, AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE APP, THE TASKS, OR THE PERFORMANCE AND RESULTS OF THE TASKS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY WARRANTY THAT THE INFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS INCLUDED ON THE APP WILL BE AS REPRESENTED BY TICTAG OR TAGGERS, THAT THE TASKS AND THE PERFORMANCE AND RESULTS OF THE TASKS ARE LAWFUL; OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10. Indemnification. You will indemnify, defend and hold harmless Tictag and its affiliates (and their respective officers, directors, employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) any Tasks you request or perform and any Submissions, including any actual or alleged infringement or misappropriation of third-party rights by any of those Tasks or Submissions; (iii) your wrongful or improper use of the App; or (iv) a dispute between you and any other Tagger.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE APP, THE TASKS, THE PERFORMANCE AND RESULTS OF THE TASKS, OR TRANSACTIONS THROUGH THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, THE APP, THE TASKS, THE PERFORMANCE AND RESULTS OF THE TASKS, THE REDEMPTION OF COINS, EXCEED THE TOTAL AMOUNT OF FEES EARNED BY TICTAG AND OUR AFFILIATES IN CONNECTION WITH YOUR REQUEST FOR, OR YOUR PERFORMANCE OF, TASKS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

12. Applicable Law; Disputes. The laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.

Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights.

1. Termination; Access Restriction. We may terminate this Agreement, terminate or suspend your account and access to the App, or remove any Tasks assigned immediately without notice for any reason. Upon any termination or suspension of this Agreement, your right to use the App will cease, and you will not be able to retrieve any information related to your account. You will not be able to access or otherwise redeem your Coins in the case of such termination.

2. General Provisions.

   1. Entire Agreement. This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement, including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence or other document.

   2. Modifications to the App and this Agreement. We may modify, suspend or discontinue the App, in whole or in part, at any time without notice. We may modify this Agreement in the future by posting the modified terms through the App or related services. Continued use of the App will constitute your acceptance of the modified terms.

   3. Assignment. You may not assign or transfer any rights, obligations or privileges that you have under this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, at any time without notice. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.

   4. Severability; Interpreting the Terms. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. The word "including" will be interpreted without limitation when used in this Agreement.

   5. No Waiver. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of that provision nor limit our right to enforce that provision at a later time. All waivers by us must be in writing and signed by us to be effective.

   6. Notices. All notices relating to this Agreement will be sent by e-mail or will be posted on the App. You consent to us sending you e-mails relating to the App from time to time. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us through the App or our website. E-mail notices or notices posted on the App are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received when sent.