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Terms and Conditions

Welcome to www.tapybl.com, the website and online service of tapybl, a brand of Anitech Solutions. Tapybl is the protected intellectual property of Anitech Solutions Ltd, and this page explains the terms by which you may use our online and/or mobile services, website, APIs, and software, including any manuals, instructions, or other documents or materials that we make available to you and which describe the functionality, components, features, or requirements of the service, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof provided on or in connection with the service (collectively the “Service”).

BY ACCEPTING THIS TERMS OF USE AGREEMENT (“Agreement”), EITHER BY ACCESSING OR USING THE SERVICE, CLICKING A BOX INDICATING YOUR ACCEPTANCE, OR EXECUTING AN ORDERING DOCUMENT OR ONLINE ORDER SPECIFYING THE SERVICES TO BE PROVIDED HEREUNDER, INCLUDING ANY ADDENDA AND SUPPLEMENTS THERETO THAT REFERENCES THIS AGREEMENT (AN “ORDER”), YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE TAPYBL PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE.

It is effective between you and us as of the date you accept this Agreement or first access the Service, whichever is earlier (“Effective Date”). Tapybl reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (each a “User” and collectively, “Users”).

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. ADDITIONALLY, IF YOU ARE USING THIS SERVICE AS AN EDUCATOR, YOU REPRESENT AND WARRANT THAT YOU ARE ACTING ON BEHALF OF (OR HAVE PERMISSION FROM) THE EDUCATIONAL INSTITUTION YOU ARE EMPLOYED BY TO ENTER INTO THIS AGREEMENT AND TO USE THE SERVICE AS A PART OF YOUR CURRICULUM AND THAT, WITH RESPECT TO ANY STUDENT YOU AUTHORIZE TO USE THE SERVICE PURSUANT TO YOUR AGREEMENT, YOU HAVE OBTAINED APPROPRIATE PARENTAL CONSENT FOR SUCH STUDENT’S USE OF THE SERVICE, AS APPLICABLE.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Service

  1. Eligibility.
    You may use the Service only if you can form a binding contract with tapybl, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations, (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Ireland or the country in which you reside, privacy, and data protection). In order to register for an account, we may, at our discretion, allow you to sign up through a third-party service provider, such as Facebook, Microsoft, Twitter, or Google. The Children’s Online Privacy Protection Act (COPPA) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent (“Consent”). Accordingly, students accessing the Service subject to Consent provided via their education institution, as allowed under COPPA, will require the use of a unique invitation code supplied by their education institution in order to create an account. Any use or access to the Service by anyone under 13 without Consent, is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by tapybl.
  2. Tapybl Service
    Subject to the terms and conditions of this Agreement and your payment of any applicable fees, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service as permitted by the features of the Service during the term of this Agreement. You shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Service; and (b) control the content and use of User Content (as defined below), including the uploading or other provision of User Content for processing by the Service. Tapybl reserves all rights not expressly granted herein in the Service and Tapybl Content (as defined below). Tapybl may terminate this license in accordance with this Agreement. We may from time to time in our sole discretion engage third parties to provide, maintain, and/or improve the Service (each, a “Subcontractor”).
  3. Accounts
    Your Tapybl account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, and these different accounts may have different functionalities available to them. If you open an account on behalf of your student, child or ward (or give your Consent for such account to be created), then (i) “you” includes both you and your student, child or ward; and (ii) you represent and warrant that you are legally authorized to grant any and all rights granted under this Agreement. By connecting to Tapybl with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service as further described in our Privacy Policy. Unless you are an educator, parent or guardian managing your student, child or ward’s account, you may never use another User’s account. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Tapybl immediately of any breach of security or unauthorized use of your account. Tapybl will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Tapybl your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
  4. Account Types and Fees
    Tapybl offers the Service to both individuals and entities, including businesses and educational institutions. For descriptions of all account types and features currently available and our policy that governs their use, please see the Acceptable Use Policy. As our Service is constantly developing, please consult them regularly. Tapybl Account Types. Use of the free Tapybl account is free. Tapybl can, at its sole discretion, may make available various accounts with advanced functionality aimed at businesses intending to use the Service for commercial purposes (“Premium Accounts”). Use of these Premium Accounts may be subject to additional or alternative terms of use, any such additional terms are incorporated herein by reference.Premium Accounts offered to you for a fee at Tapybl’s sole discretion. If you subscribe to a Premium Account, the applicable price, if any, will be clearly stated to you before subscribing. Tapybl reserves the right to modify the Premium Accounts and change prices from time to time. If you register on the Service for a Tapybl account, your use of that account type on the Service may be subject to additional or alternative terms of use, any such additional terms are incorporated herein by reference.Alternative or additional terms, if any, governing your use of the Service through a Tapybl account will be provided to you only when a contract is signed. Please refer to those additional or alternate terms to fully understand your rights and obligations when using the Service as an educator or educational institution.Free Access. If you register for a free user account or elect to receive a free trial version of a paid version of the Service (each, “Free Access”), we will provide you access to the selected version of the Service free of charge until the earlier of (a) the end of the free trial period, or (b) the start date of any Purchased Service subscriptions ordered by you for any such version of the Service, or (c) termination by us in our sole discretion. We may, without prior notice, create usage limits for your Free Access to the Service. Additional terms and conditions may appear on the registration web page of the Free Access version of the Service to which you subscribe. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Purchased Access “Purchased Access” means access to any version of the Service that you purchase under an Order, as distinguished from those provided as Free Access.

    Purchased Access to the Service may be subject to additional terms set forth for the applicable version of the Service to which you subscribe. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Changes.

  5. Free Trial:
    By signing up for our free trial, you acknowledge and agree to the following terms and conditions. The free trial period lasts for 7 days from the date of registration, during which you will have access to tapybl’s features to explore and evaluate their suitability for your needs. You may cancel your free trial at any time during the trial period without incurring any penalties. If you choose to cancel, your access to the service will be terminated immediately, and you will not be charged. Upon the expiration of the free trial period, you will need to select one of our subscription packages to continue using our service. Our subscription packages offer various features tailored to meet your specific requirements. Failure to select a package after the trial period will result in your account being placed in idle mode until a package is chosen. We reserve the right to modify or terminate the terms of the free trial offer at any time without prior notice. Any changes will be effective immediately upon posting on our website.

We reserve the right, in our sole discretion, to make any changes to the Service that we deem necessary or useful to:

  • (a) maintain or enhance
    • (i) the quality or delivery of the Service,
    • (ii) the competitive strength of or market for the Service or
    • (iii) the Service’s cost efficiency or performance

     

  • or (b) to comply with applicable Law. Service Rules. You agree not to engage in any of the following prohibited activities:
    • (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
    • (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Tapybl servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Tapybl grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Tapybl.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
    • (iii) transmitting spam, chain letters, or other unsolicited email;
    • (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
    • (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    • (vi) uploading invalid data, viruses, worms, or other software agents through the Service;
    • (vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
    • (viii) using the Service for any commercial solicitation purposes;
    • (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    • (x) interfering with the proper working of the Service;
    • (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
    • (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability if in our sole determination you violate any provision of this Agreement.
  • If you become aware of any actual or threatened activity prohibited by in this Section, you shall immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Service and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify us of any such actual or threatened activity.You are solely responsible for your interactions with other Tapybl Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tapybl shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content

Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information on the Service (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Tapybl has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that it does not violate copyrights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Tapybl reserves the right, but is not obligated, to reject and/or remove any User Content that Tapybl believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Tapybl takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tapybl shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

The Service does not replace the need for you, as applicable, to maintain regular data backups or redundant data archives. WE HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF YOUR USER CONTENT.

User Content License Grant.

By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and any name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tapybl’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Mobile Software

  1. Mobile Software.We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Tapybl does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Tapybl hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tapybl account on any mobile device controlled, owned or leased solely by you.You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tapybl may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tapybl or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

    Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tapybl reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in Ireland, and is subject to Ireland export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Ireland. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Ireland and foreign laws related to use of the Mobile Software and Tapybl Service.

  2. Mobile Application Marketplaces.
    The following applies to any Mobile Software you acquire from the iTunes Store, the Google Play, or any other similar marketplace for mobile applications (“Sourced Mobile Software”): You acknowledge and agree that this Agreement is solely between you and Tapybl, not the proprietor of such marketplace (each a “Proprietor”), and that Proprietor has no responsibility for the Sourced Mobile Software or content thereof. Your use of the Sourced Mobile Software must comply with the applicable terms of service for the marketplace from which you downloaded the Sourced Mobile Software. You acknowledge that Proprietor has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Mobile Software. In the event of any failure of the Sourced Mobile Software to conform to any applicable warranty, you may notify Proprietor, and Proprietor will refund the purchase price for the Sourced Mobile Software to you; to the maximum extent permitted by applicable law, Proprietor will have no other warranty obligation whatsoever with respect to the Sourced Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Tapybl as a provider of the software. You acknowledge that Proprietor is not responsible for addressing any claims of you or any third party relating to the Sourced Mobile Software or your possession and/or use of the Sourced Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Sourced Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Tapybl as a provider of the software. You acknowledge that, in the event of any third-party claim that the Sourced Mobile Software or your possession and use of that Sourced Mobile Software infringes that third party’s intellectual property rights, Tapybl, not Proprietor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Tapybl acknowledge and agree that Proprietor, and Proprietor’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Sourced Mobile Software, and that, upon your acceptance of the terms and conditions of this Agreement, Proprietor will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Mobile Software against you as a third-party beneficiary thereof.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Tapybl Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Tapybl and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Tapybl Content. Use of Tapybl Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tapybl under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tapybl does not waive any rights to use similar or related ideas previously known to Tapybl, or developed by its employees, or obtained from sources other than you.

Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States, Ireland, and/or other countries for storage, processing, and use by Tapybl.

Security

Tapybl cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

Tapybl respects the intellectual property rights of others. Per the DMCA, Tapybl will respond expeditiously to claims of copyright infringement on the Site if submitted to Tapybl’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Tapybl will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Tapybl or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Tapybl, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

Tapybl may request additional information before removing any allegedly infringing material. In the event Tapybl removes the allegedly infringing materials, Tapybl will immediately notify the person responsible for posting such materials that Tapybl removed or disabled access to the materials. Tapybl may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Tapybl designated Copyright Agent can be emailed at dmca@tapybl.com

Please allow 1-3 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not properly being filed.

  1. Third-Party Links and Information
    • Third Party Materials. The Service may contain links to third-party websites, information, products, materials, or services (together, “Third Party Materials”) that are not owned or controlled by Tapybl. Tapybl does not vet, control, endorse or assume any responsibility for any such Third Party Materials,. We have not reviewed, and cannot review, all of the material, including computer software, made available through Third Party Materials, and cannot therefore be responsible for that Third Party Material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tapybl disclaims any responsibility for any harm resulting from the use of Third Party Materials by Users of our Service, or from any downloading by those Users of content there posted.
    • Tapybl Policies and Terms Do Not Apply to Your Use of Third Party Materials. If you access a Third Party Materials from the Service or share your User Content on or through any Third Party Materials, you do so at your own risk, and you understand that this Agreement and Tapybl’s Privacy Policy do not apply to your use of such Third Party Materials. Your use of Third Party Materials is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using such Third Party Materials. Some Third Party Materials may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. Tapybl does not have control over how a Third Party may use your data. You should carefully review Third Party’s data collection, retention, and use policies and practices before enabling Third Party Materials. Third Party Materials may not work appropriately with your User Content, and we may not be able to provide support for issues caused by any Third Party Materials If you have questions or concerns about how Third Party Materials operates, or need support, please contact the Third Party directly.
    • YouTube API Services. The Service may use YouTube API Services to allow you to add Third Party Materials from YouTube to your User Content. By adding Third Party Materials from YouTube via the Service you agree to be bound by YouTube Terms of Service.
    • No Liability for Third Parties. You expressly relieve Tapybl from any and all liability arising from your use of any Third Party Materials, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of Users who create advertisements using the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such User. You agree that Tapybl shall not be responsible for any loss or damage of any sort relating to your dealings with such Users.
    • Responsibility for Content. Tapybl has not reviewed, and cannot review, all of the material, including computer software, posted to our Service, and cannot therefore be responsible for that material’s content, use or effects. By operating our Service, Tapybl does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tapybl disclaims any responsibility for any harm resulting from the use by visitors of our Service, or from any downloading by those visitors of content there posted.

 

  1. You agree to defend, indemnify and hold harmless Tapybl and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties set forth in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
  2. Representations and Warranties; Disclaimers.
    • Representations and Warranties. You represent and warrant that your use of our Service:
      • Will be in strict accordance with this Agreement;
      • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
      • Will not infringe or misappropriate the intellectual property rights of any third party.
    • Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAPYBL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TAPYBL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE TAPYBL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAPYBL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TAPYBL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPYBL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TAPYBL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TAPYBL FOR THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE HEREUNDER OR ONE HUNDRED EURO ($100.00)., WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAPYBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Governing Law and Venue; User Disputes
    • The resolution of user disputes will depend on where you are domiciled and will be in accordance with the laws of Ireland.
    • Manner of Giving Notices to Tapybl. Except as otherwise specified in this Agreement, all notices to Tapybl related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, (c) confirmed delivery by courier service, or (d), except for notices of termination or an indemnifiable claim, the day of sending by email.
    • Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
    • Legal Fees and Costs. The prevailing party in any action arising from or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs, including, without limitation, arbitration fees and fees of experts.
    • Arbitration for Users Domiciled in The United States. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TAPYBL. If you are domiciled in a country for which arbitration is designated as the exclusive forum for dispute resolution, then you agree to first contact us at info@Tapybl.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute you have with us after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights by arbitration.
    • Class Action / Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TAPYBL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  2. General
  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tapybl without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  • Notification Procedures and Changes to the Agreement. Tapybl may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Tapybl in our sole discretion. Tapybl reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Tapybl is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Tapybl may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
  • Entire Agreement / Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Tapybl in connection with the Service, shall constitute the entire agreement between you and Tapybl concerning the Service. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be (1) the applicable Order Form, (2) any additional terms or addenda applicable to specific versions of the Service, and (3) this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tapybl’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • Contact. Please contact us at info@Tapybl.com with any questions regarding this Agreement.