Terms of Service
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Tap Tap Productions Services. By accessing and/or using the Tap Tap Productions Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Tap Tap Productions Services, including, without limitation, through a mobile or other wireless device, or otherwise use Tap Tap Productions Services without being registered) or you are a "Member" (which means that you have registered with Tap Tap Productions). The term "User" refers to a Visitor or a Memember. You are authorized to use the Tap Tap Productions Services (regardless of whether your access or use is intended ) only if you agree to abide by all applicable laws, rules, and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Tap Tap Productions Services, you must indicate your acceptance of this Agreement during the registration process.
Tap Tap Productions reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Tap Tap Productions Services. All material modifications will apply prospectively only. Your continued use of the Tap Tap Productions Services following any such modification consitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Tap Tap Productions Services immediately. You may receive a copy of this Agreement by contacting us through our Contact Us function found on www.Tap Tap Productions.com.
1. Eligibility. Use of the Tap Tap Productions Services and registration to be a Member for the Tap Tap Productions Services ("Membership") is void where prohibited. By using the Tap Tap Productions Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Tap Tap Productions Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 years of age or older, of if we believe you are over 18 years of age and represent yourself as being under 18 years of age. Further, we may terminate your account should your account or your activity is in violation of Applicable Law including, without limitation, cyber-bullying laws, identity theft laws, and etc.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Tap Tap Productions Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Tap Tap Productions may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Tap Tap Productions reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, e-mails, and instant messages (collectively, "messages")) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Tap Tap Productions Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Tap Tap Productions reserves the right, at its sole discretion, to reassign or rename your profile URL. Tap Tap Productions expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Tap Tap Productions services if Tap Tap Productions determines, at its sole discretion, that you have violated this Agreement or pose a threat to Tap Tap Productions, James Tapia, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
3. Fees. You acknowledge that Tap Tap Productions reserves the right to charge for any portion of the Tap Tap Productions Services and to change its fees (if any) from time to time at its discretion. If Tap Tap Productions terminates your Membership because you have breached the Agreement, then you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, e-mail address or password of another Member at any time or to disclose your password to any third party. You agree to notify Tap Tap Productions immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Tap Tap Productions Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Tap Tap Productions. Tap Tap Productions reserves the right to remove commercial content at its sole discretion. Illegal and/or unauthorized use of Tap Tap Productions Services, including, without limitation, collecting usernames, user identification numbers, and/or e-mail addresses of Members by electronic or other means for purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Tap Tap Productions Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Tap Tap Productions reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of Tap Tap Productions Services, including, without limitation, violation of applicable Child Bullying laws.
6. Proprietary Rights in Content of Tap Tap Productions
6.1 Tap Tap Productions does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with Tap Tap Productions Services, unless claimed under a separate agreement. After posting your Content on, through or in connection with the Tap Tap Productions Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Tap Tap Productions Services, you hereby grant Tap Tap Productions a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Tap Tap Productions Services, including, without limitation, through the Tap Tap Productions Services to applications, widgets, websites, mobile device, desktop, or other services that are linked with your Tap Tap Productions account (collectively, "Linked Services"), including, without limitation, distributing part or all of the Tap Tap Productions Services and any Content included therein, in any media formats and through any media channels, except that Content marked "private" will not be distributed by Tap Tap Productions outside Tap Tap Productions Services and Linked Services. This limited license does not grant Tap Tap Productions the right to sell or otherwise distribute your Content outside of Tap Tap Productions Services and Linked Services unless agreed to in a separate agreement. After you remove your Content from the Tap Tap Productions Services, we will cease distribution as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Services or incorporated into other aspects of Tap Tap Productions Services, Tap Tap Productions is under no obligation to delete or ask other Users or a Linked Services to delete that Content, and therefore it may continue to appear and be used indefinitely.
6.2 The license you grant to Tap Tap Productions is non-exclusive (i.e., you are free to license your Content to anyone else in addition to Tap Tap Productions) unless otherwise agreed to in a separate agreement, fully-paid and royalty-free, sub licensable, and worldwide.
6.3 You represent and warrant that (1) you own the Content posted by you on, through or in connection with the Tap Tap Productions Services, or otherwise have the right to grant the license set forth in Section 6, and (2) the posting of your Content on, through or in connection with the Tap Tap Productions Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through Tap Tap Productions Services and/or Linked Services regardless of any other agreements between (1) Tap Tap Productions and/or James Tapia and (2) you.
6.4 The Tap Tap Productions Services contain Content of Tap Tap Productions ("Tap Tap Productions Content"). Tap Tap Productions Content is protected by copyright, trademark, patent, trade secret, and other applicable laws. Tap Tap Productions owns and retains all rights in the Tap Tap Productions Content and the Tap Tap Productions Services. Tap Tap Productions hereby grants you a limited, revocable, nonsublicensable, license to reproduce and display the Tap Tap Productions Content (excluding any software code) solely for your personal use in connection with viewing the Tap Tap Productions website and using the Tap Tap Productions Services.
6.5 The Tap Tap Productions Services contain Content of Users and other Tap Tap Productions licensors. Except as provide within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, or otherwise use any Content appearing on or through the Tap Tap Productions Services.
6.6 Tap Tap Productions performs technical functions necessary to offer the Tap Tap Productions Services, including, but not limited to, the technical processing and transmission of e-mail communications to perform the e-mail service, and transcoding and/or reformatting Content to allow its use throughout the Tap Tap Productions Services. In addition, you agree and acknowledge that Tap Tap Productions may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Tap Tap Productions Services. You can control what type of communications you receive from the Tap Tap Productions Services by selecting the appropriate notification settings, by unsubscribing from Tap Tap Productions, or by contacting Tap Tap Productions.
6.7 Tap Tap Productions reserves the right to limit the storage capacity of Content that you post on, through, or in connection with the Tap Tap Productions Services.
7. Content Posted Please choose carefully the information that you post on, through, or in connection with the Tap Tap Productions Services and that you provide to other Users. Your Tap Tap Productions profile may not include any form of Prohibited Content as described in this Agreement, subsequent agreements, and/or applicable law. Despite this prohibition, information, materials, products, or services provided by other Tap Tap Productions Members (e.g., in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and Tap Tap Productions assumes no responsibility or liability for this material. If you become aware of misuse of the Tap Tap Productions Services by any person or Linked Service, please report the abuse by contacting Tap Tap Productions, James Tapia, or the local authorities. Tap Tap Productions reserves the right to reject, refuse to post, or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Tap Tap Productions violates this Agreement or which may be offensive, illegal, or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Tap Tap Productions assumes no responsibility for monitoring the Tap Tap Productions Services for inappropriate Content or conduct. Should Tap Tap Productions, at its sole discretion, monitor the Content or conduct being exhibited in or through Tap Tap Productions Services by Members, Tap Tap Productions assumes no responsibility for the Content or conduct being exhibited by Members, Users, or visitors (including, but not limited to, hackers) to the site. You are solely responsible for the Content or conduct that you post on, through, or in connection with any Tap Tap Productions Services, and any material or information that you transmit to other Members, visitors, or Users, and for your interactions with other Users.
8. Prohibited Content/Activity Tap Tap Productions, at its sole discretion, reserves the right to investigate and take appropriate legal action against anyone who violates this Agreement, including, without limitation, removing the offending Content from the Tap Tap Productions Services, terminating the Membership of such violators, and/or reporting such Content or activities to law enforcement authorities. The following are examples (which means that content or actions not listed below may still be Prohibited Content) that Tap Tap Productions, at its sole discretion, finds to be Prohibited Content:
(1) Content that is patently offensive, promotes, or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(2) Content or conduct that is harassment, or advocates harassment of another person;
(3) Content or conduct that exploits people in a sexual or violent manner;
(4) Content or conduct that contains nudity, excessive violence, or offensive subject matter or contains a link (a dead or live link) to an adult website;
(5) Content or conduct that solicits or is designed to solicit personal information from anyone under 18 years of age;
(6) Content or conduct that publicly posts information that poses or creates a privacy or security risk to any person or entity;
(7) Content or conduct that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming" or "spamming";
(8) Content or conduct that furthers or promotes any criminal activity, enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(9) Content or conduct that involves commercial activities and/or sales without the prior written consent from Tap Tap Productions and/or James Tapia;
(10) Content that includes, but not limited to, a photography and/or video recording of another person that you have posted without that person's consent;
(11) Content or conduct that is criminal or tortious in nature (e.g., child pornography, fraud, trafficking, and etc.);
(12) Content or conduct that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(13) Content or conduct that is inconsistent with any and all Applicable Law or this Agreement. Tap Tap Productions encourages Members and/or Users to contact Tap Tap Productions should any doubt arise as to whether any particular conduct or content may be in violation of this Agreement; and, as a result, may be cause for terminating that person's Membership. It is the Member's and/or User's responsibility to ensure that any particular conduct or content is in conformance with any applicable law.
9. Hacking/Automated Software (bots) Users must not attempt to gain unauthorized access to Tap Tap Productions'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 or the Tap Tap Productions website. Use of any form of automated device or computer program that allows the creations of accounts, reporting of accounts, adding of friends, sending of messages, posting of bulletins, comments, blogs, or forum posts without each being manually entered by the author thereof (an "automated device") is strictly prohibited.
10. Third-Party Linked Services Linked Services created by third-party developers may be available on, through, or in connection with Tap Tap Productions Services. Linked Services include applications, websites, desktop, wireless, mobile, and other services available from third parties that can be installed onto your Tap Tap Productions profile or shared with other Users on the Tap Tap Productions Services or which may link to your Tap Tap Productions account from outside of the Tap Tap Productions Services. Linked Services may use your Tap Tap Productions profile information, friends, and/or other profile content on the Linked Service and share activity events between Tap Tap Productions and the Linked Service depending on the features the Linked Service chooses to make available. When you engage with a third-party Linked Service, you are interacting with the third party and not with Tap Tap Productions. Tap Tap Productions does not control the third party, and Tap Tap Productions cannot dictate their actions. Tap Tap Productions is not responsible for and makes no warranties (express or implied) as to the third-party Linked Services or the providers of such Linked Services. Tap Tap Productions encourages Members and/or Users to review the third-party Linked Services agreements or policies, as those third-party policies or agreements may govern the interaction between Tap Tap Productions Members and/or Users and the third-party Linked Services.
11. Member Disputes You are solely responsible for your interaction(s) with other Tap Tap Productions Users and/or Members, third-party developers, and/or other parties with whom you interact with through the Tap Tap Productions Services and/or Linked Services. Tap Tap Productions reserves the right, but has no obligation, to become involved in any way with these disputes.
12. Privacy Use of Tap Tap Productions Services is also governed by Tap Tap Productions's Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers Tap Tap Productions is not responsible for and makes no warranties (express or implied) as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Tap Tap Productions Services or Linked Services by Users of the Tap Tap Productions Services or Linked Services, and such user Content does not necessarily reflect the opinions or policies of Tap Tap Productions. Further, Tap Tap Productions is not responsible for any damage, injury, or loss caused by Users of the Tap Tap Productions Services or by any of the equipment or programming associated with or utilized in the Tap Tap Productions Services or Linked Services. Under no circumstances shall Tap Tap Productions be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Tap Tap Productions Services, Linked Services, James Tapia services, or attendance at a Tap Tap Productions and/or James Tapia event, whether offline or online. Tap Tap Productions Services and Linked Services are provided "AS-IS" and as available, and Tap Tap Productions expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tap Tap Productions cannot and does not guarantee any specific results from use of the Tap Tap Productions Services or Linked Services. When you access any third-party site and services, you do so at your own risk. Tap Tap Productions takes no responsibility for third-party advertisements or Linked Services that are posted on, through, or in connection with the Tap Tap Productions Services or Linked Services, nor does Tap Tap Productions take any responsibility for the goods or services provided by these third parties.
14. Limitation on Liability IN NO EVENT SHALL TAP TAP PRODUCTIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TAP TAP PRODUCTIONS SERVICES OR LINKED SERVICES, EVEN IF TAP TAP PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAP TAP PRODUCTIONS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TAP TAP PRODUCTIONS FOR THE TAP TAP PRODUCTIONS SERVICES DURING THE TERM OF MEMBERSHIP.
15. Disputes The Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict of laws provisions. You and Tap Tap Productions agree to submit to the exclusive jurisdiction of the courts located in the County of King, State of Washington to resolve any dispute arising out of the Agreement or Tap Tap Productions Services. Each of the parties (i.e., You and Tap Tap Productions) hereby knowingly, voluntarily, and intentionally waive any right it may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third-party claims0 arising out of, under, or in connection with this Agreement. Further each party hereto certifies that no representative or agent of either party has represented (expressly or otherwise) that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this Agreement.
16. Indemnity You agree to indemnify and hold Tap Tap Productions, its subsidiaries, affiliates, subcontractors, and other partners (e.g., James Tapia), and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tap Tap Productions Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through, or in connection with Tap Tap Productions Services.
17. Other This Agreement is accepted upon your use of Tap Tap Productions Website or any of the Tap Tap Productions Services and is further affirmed by you becoming a Member. Your agreement with Tap Tap Productions will always include this Agreement at minimum. Your access and use of certain Tap Tap Productions Services will require you to accept additional terms and conditions applicable to such certain Tap Tap Productions Services, in addition to this Agreement, and may require you to download Software or Content. the failure of Tap Tap Productions to exercise or enforce any right or provision of this Agreement shall not be construed or operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. Tap Tap Productions is a trademark of James Tapia Enterprises, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If permission is required in order for me to agree to this agreement by applicable law or court order, such permission has been granted.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
