User Agreement

 

 

Last updated 4th March 2010

 

This User Agreement covers your use of the tailcast service. By registering with tailcast, creating, or using the services offered by tailcast (including tailcast.com and its related sites and services, "tailcast" or "us"), you (visitors, users) are agreeing to this agreement ("User Agreement " or "Terms") with Internet Media Marketing Limited ("IMM"). Your contract is with IMM.

 

tailcast is owned by Internet Media Marketing Limited, a company registered at 57/63 Line Wall Road, Gibraltar (Europe).

 

tailcast's Service

 

The tailcast website is comprised of Code and Content.

 

The tailcast experience is provided via the tailcast website which allows you to browse, upload, share, buy and sell Content (whether art, writing, photography, music and any sub-categories and additional categories from time to time). The tailcast website includes various software and tools to communicate, collaborate and interact with other users on a range of creative endeavours. Content on the tailcast website comes from a variety of user-generated, tailcast controlled and other sources and in a variety of media (images, photographs, graphics, designs, text, sound, music, video and any other material), together "Content" and where uploaded by you, "your Content".

 

"Code" is the source Code (e.g., HTML or PHP Code) used to provide the functionality behind tailcast. Code may be contributed by us, developed by third parties, developed by a user, or any combination thereof.

 

(Together, the "Service").

 

Users can be browsers, visitors or members (who have registered and opened a tailcast account (together, "Users").

The following sections are expressly incorporated into this User Agreement:

 

• Introduction
• General Terms
• Buying on tailcast
• Selling on tailcast
• Respecting Intellectual Property Rights
• Privacy policy
  

 

 

Introduction

 

Welcome to tailcast - tailcast is a home for creative expression which can be shared and turned into a range of exciting printed products. It is a community driven/supported project for amateur and professional creative people to connect and collaborate as well as for customers to create and buy the products they want with access to an infinite range of inventory and ideas provided by tailcast sellers and collaborators. Whatever you want to do - you are in control. what will you create today?

 

Our goal is to give you the venue and tools to:

 

Connect - with other creative people, show your work to friends, family or the wider tailcast community, manage your Content and communicate privately or to a wider audience

 

Create - fantastic products and content in several media (we aim to give you tools that match your imaginative output)

 

Collaborate - make something you cannot do on your own or simply to combine efforts and ideas for a better product

 

tailcast aims to support both producers and consumers of original Content and creative products. tailcast is a place to sell: to monetise your creative Content and a place to buy: to access great Content and products. We think most people are at least a little producer and consumer and we aim to serve both intentions.

 

You can use tailcast as a place to share, publish and promote your work and enjoy a rich community of creative souls to collaborate with and be inspired by. Or simply to shop for the products you want. You can have a public portfolio or remain private/invisible. You can collaborate publicly or privately.

 

In short, our goal is to facilitate what you want to do.

 

The tailcast model works based on:

• original Content, it must be yours or provided under licences that permit you to deal with it in the way purported, this is your responsibility
• respecting the rights of all copyright holders

 

You are publishing the uploaded Content and it is important that you understand the responsibility - legal, moral and otherwise that this entails. Help us to make tailcast a place for a positive experience for all.

 

Whilst we take reasonable care to seek to ensure the Service is safe, secure and well managed - as a community driven project we rely on fair play and goodwill between all of our members and our role is to act as trustee and guardian of this community. We will take action against any members who take steps to undermine this community of trust. We rely on our members to help us in this duty for the benefit of all.

 

 

 

 

General terms

 

1. Licence to use the Service

 

Use of the tailcast website and registering as a member is free. tailcast grants you a limited, revocable licence to use the software underlying and enabling the Service as required for your use of tailcast, subject to the further terms and conditions of this User Agreement.

 

Products and services sold on or through the tailcast website shall be at the fees set out in each case and from time to time. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method.

 

Anything that you upload onto the tailcast website (including your portfolio) is your sole responsibilty with respect to subsequent decisions that are then made to share, licence and publish that Content.

 

To the extent that a licence is provided to make such Content available as part of tailcast products, tailcast shall be entitled to manufacture for and deliver to (or subcontract the same for such purpose) the tailcast customer ordering the applicable product.

 

2. Proprietary Rights in the Service

 

You agree to comply with the licence and restrictions applicable to each item of Content you post, copy, access, or use. You agree that all the intellectual property in the Service, other than the Content you provide, is owned by tailcast, its licensors or the applicable other User(s). Except as expressly permitted under this User Agreement, you agree not to:

• Modify, distribute, or create derivative works based on the Service.
• Run, rent, lease, loan, or sell access to the Service.
• Decompile, reverse engineer, or copy the Service or any site for which the source Code is not provided to you or Code that is marked as Private Code.
• Reproduce or distribute any Content or Code outside the applicable website.

 

tailcast, the Service and other related graphics, our logo and sub-logos, tailcast marks, tag-lines and trade names used on the Service are the trade marks and service marks of tailcast and may not be used without permission. Other trademarks, service marks, and trade names that may appear on tailcast are the property of their respective owners.

 

Users who sell Content through the Service retain ownership of the copyrights or other licences in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party.

 

3. Ownership of Content and Licensing your Content

 

When you upload, post or otherwise provide (together "upload") any Content to the Service you certify that you have all necessary right, title and interest to do so and for the full range of purported activity.

 

Your Content remains yours. However, we also want to encourage sharing of Content between Users, subject to the choices you make regarding public shsaring, permission to use in tailcast products and the choices you make regarding the interactive areas on the site. In each case we will use reasonable endeavours to inform you of your choices at the time of making.

 

In order to facilitate the Services you thereby grant to tailcast and all other Users of the Services a nonexclusive royalty-free licence to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content, make excerpts, modify, categorise and arrange such Content as we necessary in our sole discretion, subject only to the Modification Licences and Seller's Commissions which may be due to you according to this User Agreement - see Selling on tailcast for more details.

 

4. Restrictions on Content

You are solely responsible for your conduct and Content on the Service and you agree to comply with the licence and restrictions applicable to each item of Content you post, copy, access, or use. You also agree not to upload, post, email, or otherwise make available any Content which:

• you do not own or in which you don't have sufficient rights to grant the purpoted licences herein or which infringes the intellectual property rights of another party in any manner (including copyright, patents, trade mark rights, moral rights, rights of privacy or any other recognised property or privacy right)
• is harmful, threatening, abusive, harassing, defamatory, libellous to any person, or which harms minors in any way
• is false, deceptive, misleading, deceitful or abusive
• constitutes or contains any form of unsolicited advertising
• is obscene, pronographic, indecent, abusive, infalmmatory or otherwise objectionable
• does not comply with any applicable laws or regulations

 

5. Content Removal Limitations

 

You are responsible for deleting your Content if desired. While tailcast will use reasonable endeavours to enable you to do so,  you hereby acknowledge and accept the following limitations to your ability to remove Content immediately or at all:

• Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on tailcast, then the derivative work remains available even when the original work is retired;
• Content retained in our archives to the extent required by our data backup systems or, at tailcast's discretion, for archival purposes. tailcast will, however, retain any of your personal data only for so long as is reasonably required to fulfill the purposes for which it was collected; and
• Content that is otherwise the subject of any current activity or transaction in progress shall be available for the completion of such activity or transaction.

 

Please ensure you keep copies of all your Content. If tailcast were to have a data issue and the data was deleted by accident, virus or cyber attack, the Content associated with it may also be deleted and we can not accept liability for this possibility.

 

6. Responsible Behaviour

 

In addition to the Restrictions on Content, you shall also not:

• Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• Manipulate the price of any item or interfere with other users' listings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Tailcast;
• Harass, degrade, intimidate or be hateful towards an individual or group of individuals;
• Impersonate a tailcast employee, editor, guide or user or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Include personal or identifying information about another person without that person's explicit consent'
• Create, send, or enable anything that constitutes or contains "chain letters," "pyramid schemes," and/or any advertisement that you are prohibited by law from sending
• Advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law
• Use 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
• Disrupt the normal flow of dialog with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service
• Employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service or harvest or otherwise collect information about users, including email addresses, without their consent.
• "Stalk" or otherwise harass anyone
• Collect personal data about other Users for commercial or unlawful purposes
• Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on tailcast's infrastructure
• Attempt to gain unauthorized access to tailcast's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service
• Develop, invoke, or utilize any Code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service

 

7. tailcast remedies

 

Because of the volume of Content, we are unable to monitor Content and rely on our Users and the community to help us identify problems. Please report problems, offensive Content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its Content, services and tools, delay or remove hosted Content, and take technical and legal steps to keep users off the sites if we believe that they are creating problems, legal liabilities, or acting inconsistently with the letter or the spirit of our policies. Please use the contact form to notify us and where applicable, follow the notice and takedown procedure.  See respecting intellectual property section for more details

 

8. Templates

 

In the event you upload templates/designs for products (for example a card design which relies on an underlying template of shapes, locations etc. for images and/or text to be added as part of a themed design) or otherwise where tailcast may need to create an underlying template to facilitate the use of your Content, then to the extent that there are any proprietary rights capable of subsisting in that template/design, these rights shall not be deemed to be your Content and tailcast shall be entitled on an irreovocable perpetual worldwide basis, to re-use or licence those templates for Users wishing to make products using their own Content.

 

9. Disclaimer of other User's Content

 

Content from other Users or advertisers is made available to you through tailcast and the Service. Because tailcast does not control such Content, you agree that tailcast is not responsible for any such Content, including advertising and information about third party products or services. Your interactions with other Users on the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgement.

 

You agree that tailcast is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personal data. If there is a dispute between you and any third party (including any User), tailcast is under no obligation to become involved.

 

You release tailcast, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the Service.

 

10. Privacy and Spam

 

You agree to comply with all applicable laws with respect to any collection, use, or disclosure of personal data.You agree to comply with all relevant aspects of the tailcast Privacy Policy. You agree not to collect or use personal data except as permitted by the tailcast Privacy Policy. You agree not to use any personal data disclosed to you by tailcast for any purpose other than using the Service or a Network in accordance with this User Agreement and the Privacy Policy. You agree not to harvest any email addresses from the Service for the purpose of sending email in violation of applicable law. If tailcast provides you with data about other tailcast users, you agree to (1) comply with applicable law and tailcast's rules (including the Privacy Policy and anti-spam policy) with respect to such data and (2) to indemnify tailcast for any losses suffered as a result of any breach by you of this User Agreement or applicable laws.

 

11. Accounts, Passwords, and Security

 

You must be a registered User to publish on the Service. As a registered User, you are responsible for keeping your password secure. tailcast usernames (or other identifiers) are non-transferable and tailcast may reject any username it deems inapprorpiate. You will be solely responsible and liable for any activity that occurs under your account. Data transmission over the Internet is never totally secure. While tailcast will make reasonable efforts to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

 

12. Service/Bandwidth Policies

 

tailcast may establish general polices and limits concerning use of the Service, including (and without limitation) the maximum number of days that uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk/server space allotted to you (as a User) by tailcast, the maximum number of times and duration for which you may access the Service in a given period of time, the maximum bandwidth and/or power used by your Content or other metrics tailcast may deem relevant and applicable from time to time. tailcast reserves the right to log off or deactivate User accounts that are inactive for an extended period of time provided that tailcast shall make reasonable efforts to notify you by email of its intention to do so, prior to doing so.

 

13. Intellectual Property Infringement

 

At tailcast we believe strongly in respecting intellectual property. Please consult our respecting intellectual property section for more details and for our notice & take down policy.

 

14. Your Account

 

This User Agreement commences upon your acceptance of its terms and continues until terminated. This User Agreement will automatically terminate if tailcast decides, in its sole discretion, to discontinue the Service.

 

15. Deactivating Your Account and Termination

 

You may deactivate your tailcast account at any time, for any reason, by following the instructions on tailcast or otherwise notifying us in writing. tailcast has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service, or remove and discard any Content without notice and for any reasonable reason in its sole discretion.

 

16. Effects of Deactivating An Account

 

Upon deactivating your account, our Agreement terminates and your access rights to the Service will immediately cease to exist. For Content you wish to delete from the Service, you can delete it by specifying delete when terminating your account provided that you acknoweldge that:

• Certain Content may remain visible or available in accordance with the Content Removal Limitations
• tailcast may complete or permit completion of any transactions, orders or activities in progress in relation to your Content

 

17. Changes to tailcast and the Service

 

tailcast reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. tailcast will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

18. Disclaimer

 

Your use of the Service, and all Code and Content, are at your sole responsibility and risk. The Service and all Code and Content are provided on an "as is" and "as available" basis. tailcast and each user expressly disclaims all representations, warranties, or conditions of any kind to the fullest extent permitted by law, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement. Neither tailcast nor any User makes any warranty that the Service, Code or Content will meet your requirements or be uninterrupted, timely, secure, or error-free. In the case of user generated Content: while we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

 

19. Indemnity

 

You agree to indemnify, defend, and hold harmless tailcast, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

 

1. any Content you submit, post, transmit, or make available through the Service;

2. your use or misuse of the Service;

3. your connection to the Service;

4. your violation of this User Agreement or any additional policy or rules relating to the Service from time to time; or

5. your violation of any rights (including intellectual property rights) of a third party.

 

20. Limitation of liability

 

You agree that tailcast shall not be liable to you for (a) any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if tailcast has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service or any Code or Content, (ii) unauthorized access to or alteration of your transmission of data; and (iii) statements or conduct of any third party (including another user) in the Service or any Code or Content; or (b) for any damages arising howsoever from or related to your use of the Service, save in respect of fraud or negligence causing personal injury, and generally to the maximum extent permitted by law.

 

21. Updated User Agreement

 

This User Agreement may be updated or changed by tailcast from time to time upon tailcast's posting of the amended terms on this page or by notificantion by email or both. If you do not agree to changes to the User Agreement, you must notify tailcast to terminate your account. In addition to this User Agreement, you will comply with all policies applicable to tailcast and the Service, which policies are (i) either posted in the Service or provided to you and (ii) incorporated by reference into this User Agreement. Continued use of the tailcast website shall be deemed acceptance of any such changes.

 

22. General

 

The failure of tailcast to exercise or enforce any right or provision of this User Agreement does not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect. You may not delegate your duties under, or assign, this User Agreement, in whole or in part. Any unauthorized use of any tailcast computer system is a violation of this User Agreement and certain international laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. The other Users of the Service are intended third party beneficiaries of your obligations under this User Agreement. tailcast may assign this User Agreement to any successor or purchaser of tailcast of all or some of its assets.

 

23. Governing Law & Jurisdiction

 

To the fullest extent permissible under applicable laws this User Agreement shall be governed by the laws of Gibraltar without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

 

This User Agreement, which incorporate the referenced policies and additional terms, constitutes the entire agreement between you and tailcast and governs your use of the Service, superseding any prior agreements (whether written or oral) between you and tailcast regarding the subject matter hereof.

 

24. Contacting tailcast

 

Members with questions about the tailcast Privacy Policy and any of the aforementioned statements may contact tailcast the following ways:

 

Send us a message via the contact form

 

Postal:

Company Manager

tailcast c/o Internet Media Marketing Limited

57/63 Line Wall Road

Gibraltar

 

 

Buying on tailcast - coming soon!

 

Users can purchase products via the Service using the payment methods identified. Pricing and other terms are as identified on the tailcast website and as fixed at the time or order.

 

It is the customer's responsibility to ensure the product delivery address is correct. We take no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

 

We do not warrant, endorse, make representations about or recommend any Content or art offered or provided by any member.

 

Cancellations, Returns and Refunds

 

Due to the nature of the print-on-demand and user-generated/personalised Content model, orders are non-cancellable and non-refundable save as where otherwise expressed. tailcast provides a creator-controlled publishing tool for User-generated Content and the company cannot accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The User approves the visual presentation and Content of each item and bears responsibility for its quality and presentation. tailcast does not monitor or check individual Content prior to publication or printing.

 

Similarly, we cannot guarantee the quality, description or fitness for purpose of the Content provided by members on the Service.

 

tailcast may however cancel an order in its sole discretion and at any stage, if the product ceases to be available, if there is a pricing or description error, if the Content is the subject of any dispute or procedure that may affect its use or if it is otherwise in breach of this User Agreement.

 

Damaged Products

 

If products arrive damanged, please notify us immediately (and no later than 14 days from receipt) together with a description of the damage and if requested by us, a photo of the damaged products and we will produce and send a replacement copy of the product or a refund (at our discretion) and as your sole remedy. Please note that this policy does not apply to the Content (for reasons given in the preceding paragraph) but only to the underlying physical product (i.e. the paper used in the card, the binding of the book, the finishing of the canvas etc.).

 

Delivery of Products

 

Delivery of products shall be tailcast or its supplier's choice of postal/courrier services and on such terms and at such pricing as agreed when the order was made and variable by tailcast in its sole discretion from time to time. Please see our shipping and delivery terms from time to time for further information on shipping and delivery options.

 

Undelivered Products

 

If your products do not arrive by the latest deliver date specified or a reasonable period thereafter, please contact us with details of your order via the contact form so that we can investigate. Subject to investigation, we will either produce and send a replacement copy of the product or a refund at our discretion.

 

 

Selling on tailcast: Coming Soon!

Introduction

 

tailcast is a service for anyone with creative talent (artists, designers, illustrators, writers, poets, photographers etc.) to monetise their creativity by licensing original Content for use in tailcast products.

 

Here's how it works:

 

1.    When you upload your Content you will be invited to make available for sale and asked to choose a Modification Licence. We offer 3 types of licence to reflect the level of modification you would like to permit when tailcast customers are using your Content in products. See below at Modification Licence.

2.    When a product featuring your licensed Content is sold, you will earn a Seller's Commission according to our current terms (which may be changed by tailcast by posting the new terms from time to time, so you are encouraged to vist the latest terms from time to time).

 

Seller's General Licence

 

By indicating that your Content is available for use in tailcast products, you hereby grant to tailcast the non-exclusive royalty-free worldwide licence to:

• include your Content in manufactured items as provided by tailcast and its suppliers from time to time in accordance with the permissions granted hereunder
• to display your Content in any manner that tailcast chooses in order to facilitate the website and/or the browsing and/or purchasing process by tailcast users

 

We make no representation or warranties however that we shall display your Content nor that any orders for your products containing your Content shall be made nor that you will earn any Seller's Commissions as a result of using the Service.

 

Seller's Commissions

 

The following commissions shall apply for sales based on use of your Content via tailcast's systems:

 

Product	Commission	Examples
Cards	10% of retail price received by tailcast (i.e. post any promotions, discounts or similar).	tailcast receives £3.50 for a single card, you receive 35p. tailcast receives £100 for set of 50 cards, you receive £10.
Fine Art Prints/Mounted Canvas/Floating Mounted Prints	Markup set by you - up to 50% of tailcast base price.	tailcast base price* is £60 for a mounted canvas, you receive up to £30 depending on what markup you set. Total price to customer is tailcast base price plus your markup.
	*The price that tailcast sells the relevant product where the customer is using their own Content or free Content and not any Seller's Content.
Books	TBD
Calendars	TBD

 

Please note that tailcast can only apply such commissions where the sales are made via our tracking systems. Any unauthorised use of your Content is a separate matter and you should immediately notify us via the contact form in accordance with our notice and takedown procedures and we will endeavour to help you.

 

Account and Access to Commissions

 

The Seller's Commissions you have earned will be visible in your account under the "My Revenue". More information on the processes coming soon.

 

Taxation responsibility

 

You are responsible for any taxes imposed on revenues earned as a result of selling on tailcast by any and all applicable authorities.

 

Modification Licence

 

tailcast has created a range of specially designed licences to enable you to choose to allow the creation of products by other members using your work with the rights you are comfortable with - ranging from the most restrictive to the most permissive. They are as follows:

 

No modification (NML): no modification permitted - members can only add text or images outside of the image area. [Link to Examples]

 

Limited (LML): text (but not images) can be overlaid on the image (e.g. a poem or a quote can be added over a photograph you have uploaded) and content can be presented in a variety of shapes (e.g. user can choose to have your art in a circle). [Link to Examples]

 

Full Modification (FML): allow full scale re-rendering, editing and any other manipulation or derivative work created from your content (i.e. let the members imagination prevail without restriction). [Link to Examples]

 

In all cases the commission applicable shall be the same and we encourage you to allow limited or full modification wherever you want to maximise the opportunities for earning revenue.

 

While we have set up our systems to cater to these licences, we remind you that tailcast makes no warranty or guarantee that users will not use your Content otherwise in accordance with the selected licence and your remedies for any use by a tailcast user outside of the applicable licence is limited to that set out in this User Agreement.

 

We welcome your feedback as to whether we have got these levels right via the contact form. In any case we reserve the right to amend these licences on notice to you by email, 14 days after which we may assign your Content item to the approrpiate amended licence.

 

You may revist and change the status of your licence at any time my account > portfolio > my portfolio, once there click on the item you wish to modify and that will apply to subsequent orders of products using your Content.

 

 

Respecting Intellectual Property

 

tailcast wants to unlock the creative spirit in everyone and to push the boundaries of creative expression! However, tailcast respects all applicable laws relating to copyright, trademarks, design rights and other intellectual property rights. We ask that you do the same. Your designs must be your or your collaborators own original work or you must have all necessary permissions to use, publish or sell the same using the tailcast licences  for the purpose intended.

 

If using third party material, ensure you have the rights to use for purposes intended - if in doubt ask original material licensor and obtain permission in writing. Note even "free use" photo-stock sites typically prevent further licensing for commercial use.

 

The law relating to copyright, design and other intellectual property infringement differs from country to country and is also covered by a number of international mutual enforcement treaties. tailcast is not able to provide any guidance on whether your intended use and modification of an existing image or work of art is permitted under applicable law. If in doubt, please consult a qualified lawyer in the applicable jurisdiction.

 

Notice and takedown

 

Any Content that you believe is the result of an infringement of a User's rights by another or is otherwise alleged to be unathorised use shall be a matter between the Users or parties concerned. The nature of the Service as a user-generated platform precludes tailcast being able to take any proactive stance on potential infringement.

 

If tailcast is informed of any claim by any party regarding content you have uploaded and/or licensed to tailcast for use on the site or in tailcast products, tailcast reserves the right to remove the content and to suspend or close your acount and withhold any commissions, with no liability whatsoever to you or any other party.

 

If in doubt please do not upload or use Content in any manner not authorised by the Content owner. 

 

If you are a rights holder and are concerned that you have found material on or used via our website, for which you have not given licence or permission, or which is not covered by a limitation or exception in national law, please contact us in writing stating the following:

 

1. Your contact details.

2. The full details of the material.

3. The exact and full url where you found the material. And any other relevant information regarding the alleged abuse.

4. Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative of the same.

 

Contact Details:

 

Notice and Takedown

 

tailcast

c/o Internet Media Marketing Ltd

57-63 Line Wall Road

Gibraltar

Send us a message via the contact form

 

Upon receipt of notification, we will promptly look into the complaint and determine tailcast's response and without limitation of any other rights or course of action, we reserve the rights to:

 

• temporarily remove the Content in question from areas within our control
• notify the User(s) concerned and to invite them to address the relevant complaint (including notifying the User(s) concerned of the identity of the complaint so as to encourage an amicable solutiom where possible, negotiated directly between the parties concerned)
• if no solution has been confirmed by the complainant within 14 days, we reserve the right to make any such temporary removal of Content permanent in so far as that is reasonably within tailcast's control. Please also note the Content Removal Limitations.

 

Please note that due to the dynamic nature of the Service and in addition to the general disclaimers of liability in this User Agreement, tailcast cannot guarantee and expressly disclaims all liability permitted by law, for any such abuses or violation of rights as a result of its notice and takedown procedure.

 

 

Privacy Policy

 

1. Scope

 

This Privacy Policy describes how we handle your personal information for our services on the tailcast websites. It applies generally to the tailcast.com website and Content and other related websites where this policy appears in the footer of the page.

 

By accepting the User Agreement, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon registration acceptance for new users.

 

2. Controlling and Processing Parties

 

When you use the tailcast services, you agree that Internet Media Marketing Limited of 57/63 Line Wall Road, Gibraltar shall control and process your personal data to deliver the services tailcast provides under the User Agreement and within the framework and according to the principles laid down in this Privacy Policy.

 

3. Collection

 

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers (currently located in the United States and Europe).

 

We may collect and store the following personal information:

 

• email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
• transactional information based on your activities on the sites (such as buying, selling, sharing, liking an item and Content you generate or that relates to your account);
• shipping, billing and other information you provide to purchase or ship an item;
• community discussions, chats, dispute resolution, feedback, correspondence through our sites, and correspondence sent to us;
• other information from your interaction with our sites, services, Content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
• information from other companies, such as demographic and navigation data; and
• other supplemental information from third parties (as necessary to provide a safe platform for the community).

 

4. Marketing

 

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information on other users and information we collect from other companies and use it to improve and personalise our services, Content and advertising. If you don't wish to receive marketing communications from us or participate in our marketing programs, simply indicate your preference via the "My Account" page in tailcast (or similar account status page) or by following the directions provided with the applicable communication or advertisement.

 

5. Use

 

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

 

• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• customise, measure and improve our services, Content and advertising;
• tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
• compare information for accuracy, and verify it with third parties.

 

6. Our Disclosure of Your Information

 

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other Content infringes the rights of others, or protect anyone's rights, property, or safety.

 

We may also share your personal information with:

 

• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and customer support);
• Other tailcast users, whether located within the United Kingdom or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction;
• Other third parties to whom you ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service);
• Law enforcement agencies, other governmental agencies or third parties in response to a request for information relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other tailcast user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant;
• in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity, as we in our sole discretion believe necessary or appropriate, either under confidentiality agreement or as required by law. In such circumstances, we may disclose name, street address, city, county, postCode, country, phone number, email address and company name.
• Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

 

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from those who attempt to carry out fraudulent or illegal activities on the site, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

 

7. Information You Share on tailcast

 

Your username is displayed throughout tailcast (and so available to the public) and is connected to all of your tailcast activity. Where you have opted to join in the community and elect to have a public profile, other people can see your items for sale, profile page, shop fronts, feedback, ratings and associated comments (as per your notification settings).

 

In each case, tailcast will use reasonable endevours to inform you regarding the choices you make and activities you undertake on the site but you are also asked to apply common sense e.g. if commenting in a public forum, your response and username will be publicly connected with your comments.

 

Notices sent to other community members about suspicious activity and policy breaches on our sites refer to usernames and specific items. So, if you associate your name with your username, the people to whom you have revealed your name will be able to personally identify your tailcast activities. If you are a business seller, your contact details (such as name and geographical address) may be visible on the View Item page, as you indicate in your business preferences on tailcast. If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your username or reminders from tailcast, may also be visible to other individuals who use the computer after you.

 

8. Using Information from tailcast

 

tailcast enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, Username, email address and other contact and shipping information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

 

You agree to use user information only for:

 

• tailcast transaction-related purposes that are not unsolicited commercial messages;
• using services offered through tailcast (e.g. escrow, insurance, shipping and fraud complaints), or
• other purposes that a user expressly chooses.

 

9. Cookies

 

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyse our web page flow; customise our services, Content and advertising; measure promotional effectiveness, and promote trust and safety.

 

A few important things you should know about cookies are that:

 

We offer certain features that are available only through the use of cookies.

 

We use cookies to help identify you and maintain your signed-in status.

 

Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.

 

You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.

 

You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

 

10. No Spam, Spyware or Spoofing

 

We and our users do not tolerate spam. Make sure to set your tailcast notification preferences so we communicate to you as you prefer. You are not licensed to add other tailcast users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report tailcast-related spam or spoof emails to tailcast, please report it to us . You may not use our communication tools to send spam or otherwise send Content that would breach our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited Content, but we do not permanently store messages sent through these tools.

 

11. Account Protection

 

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your tailcast password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify tailcast and change your password.

 

12. Accessing, Reviewing and Changing Your Personal Information

 

You can see, review and change most of your personal information at "My account". Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to Customer Service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our tailcast User Agreement, and take other actions otherwise permitted by law or the tailcast User Agreement.

 

13. Security

 

Your information is stored on our servers located in the United States and Europe. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

 

14. Third Parties

 

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. tailcast does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

 

15. Amendments to this Privacy Policy

 

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 14 days after they are initially posted. In addition, we will notify you through the tailcast Help Centre or via email at the address you provide in your Account Settings.