TapSocial™ is © 2011-2012 App Smiles LLC and Shines Brighter Software LLC. All Rights Reserved. TapSocial™, App Smiles LLC, and Shines Brighter Software LLC is not affiliated with Twitter, Inc. The Twitter name and “Tweet” are trademarks of Twitter, Inc. in the United States and other countries.
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE TAPSOCIAL™ PRODUCT(S) OR TAPSOCIAL™ WEBSITES
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasize:
CHECK RESTRICTIONS ON USE: In some countries there may be restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
1. YOUR AGREEMENT WITH TAPSOCIAL
1.1 TapSocial internet communication software applications (“Internet Communications Software”), other ‘TapSocial’ branded software applications (together the “TapSocial”), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Appsmiles, LLC or Shines Brighter Software, LLC.
1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Appsmiles, LLC and Shines Brighter Software, LLC.
1.3 Any additional products or features of the TapSocial Software, or other “TapSocial” branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to you by Appsmiles, LLC and Shines Brighter Software, LLC.
1.4 TapSocial’s websites www.tapsocial.net (as applicable) (“TapSocial Website(s)”) are operated by Appsmiles, LLC and Shines Brighter Software, LLC.
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.6 Your agreement with TapSocial is made up of the terms and conditions set out in this document, together with any Additional Terms referred to in paragraph 14 (collectively the “Terms”). To the extent of any inconsistency between the Additional Terms and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, Products and/or TapSocial Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or TapSocial Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or TapSocial in accordance with paragraph 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or TapSocial Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with TapSocial .
3. CHANGES TO THE TERMS
3.1 TapSocial may make changes to these Terms from time to time. TapSocial will publish the changes at www.twitterticker.net/tou. Changes to the Additional Terms will be posted on the applicable TapSocial Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or TapSocial Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with TapSocial in accordance with paragraph 11 below.
4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Twitter™ account (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the TapSocial Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. TapSocial reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to.
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) TapSocial cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
5. USE OF THE SOFTWARE AND PRODUCTS AND TAPSOCIAL WEBSITES
5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet.
5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Sofware: You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. TapSocial has no obligation to make available any Updates. However, TapSocial may in its sole discretion require you to automatically download and install Updates from time to time in order to allow you to use the Software and you agree to accept such Updates subject to these Terms.
5.4 Suspension, technical improvement and maintenance: From time to time, TapSocial may need to perform maintenance on or upgrade the Software, Products or TapSocial Websites or the underlying infrastructure that enables you to use the Software, Products or TapSocial Websites. This may require TapSocial to temporarily suspend or limit your use of some or all of the Software, Products or TapSocial Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, TapSocial will publish the time and date of such suspension or limitation on the TapSocial Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or TapSocial Website.
5.5 Content of Communications: TapSocial is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. TapSocial reserves the right (but shall have no obligation) to decide whether any content that you use complies with these Terms. TapSocial may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
5.6 Notice and Take-Down If TapSocial receives any notification that any material that you post, upload, edit, host, share and/or publish on the TapSocial Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if TapSocial wishes to remove your User Submission for any reason whatsoever, TapSocial reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by TapSocial in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that TapSocial is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. TapSocial reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.7 Quality: TapSocial cannot guarantee that the Software, Products or TapSocial Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or TapSocial Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. TapSocial takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.8 Changes to Products: TapSocial is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the TapSocial Website. If you do not agree with any changes to Software and Products you may terminate your relationship with TapSocial in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the TapSocial Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.9 Unsolicited Ideas TapSocial does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to TapSocial through the TapSocial Website or otherwise, you acknowledge and agree that TapSocial shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.10 Reports Certain parts of the TapSocial Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of TapSocial. TapSocial shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to TapSocial will not be treated as confidential and TapSocial shall not be liable for any disclosure of the Reports.
5.11 Linking You may link to the TapSocial Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by TapSocial where none exists. You may not frame the Site on any other site. TapSocial may revoke the permission to link to the TapSocial Websites at any time at its sole discretion and will notify you in this respect.
6. YOUR OBLIGATIONS
6.1 User Account. Prior to your first use of the TapSocial Software, you will be asked to create a Twitter OAuth PIN. You may only use the Software through your Twitter OAuth PIN. You are solely responsible and liable for all activities conducted through your Twitter OAuth PIN. To prevent unauthorized use, you shall keep your Twitter OAuth PIN confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your Twitter OAuth PIN, then you shall immediately change it in order to protect the security of your Twitter User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. TapSocial takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use: You must use the Software, Products and TapSocial Websites in accordance with the laws of where you are located. In some countries there may be restrictions on the download and use of the Software, Products and/or TapSocial Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or TapSocial Websites where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, communication or protocols;
(c) send unsolicited communications (also referred to as ‘SPAM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software or TapSocial Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the TapSocial Website;
(h) impact or attempt to impact the availability of the Software for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the TapSocial Website. Notwithstanding the foregoing, you agree that TapSocial grants to the operators of public search engines permission to use spiders to copy materials from the TapSocial Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TapSocial reserves the right to revoke these exceptions at any time.
6.4 User Submissions Please exercise respect when participating in any features of the TapSocial Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the TapSocial Websites or of the TapSocial Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the TapSocial Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and TapSocial has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the TapSocial Websites or through the Software; (iii) TapSocial does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) TapSocial is not responsible for any User Submissions that you may have access to through your use of the TapSocial Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. TapSocial does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize TapSocial to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the TapSocial Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or mispresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the TapSocial Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the TapSocial Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, TapSocial may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. TapSocial is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
7. PROPRIETARY RIGHTS
7.1 The Software, Products and TapSocial Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the TapSocial Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Appsmiles, LLC and Shines Brighter Software, LLC, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without TapSocial’s express permission. TapSocial reserves all rights not expressly granted in the TapSocial Website.
7.3 TapSocial and/or its licensors retain exclusive ownership of the Software, Products and TapSocial Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with TapSocial’s intellectual property rights in the Software, Products and/or TapSocial Websites.
7.4 TapSocial ™, associated trademarks and logos and the “bird” symbol are trademarks of Appsmiles, LLC and Shines Brighter Software, LLC. Appsmiles, LLC and Shines Brighter Software, LLC has registered and filed applications to register its trademarks in many countries worldwide. Appsmiles, LLC’s and Shines Brighter Software, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Appsmiles, LLC’s and Shines Brighter Software, LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Appsmiles, LLC’s and Shines Brighter Software, LLC’s. All other trademarks not owned by Appsmiles, LLC’s or Shines Brighter Software, LLC’s or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Appsmiles, LLC’s and Shines Brighter Software, LLC’s intellectual property (in whole or part) or that is confusingly similar thereto.
8.1 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from TapSocial. TapSocial may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
8.2 Promotional Offers: From time to time, TapSocialmay offer Paid-For Products for free for a trial period. TapSocialreserves the right to charge you for such Products (at the normal rate) in the event that TapSocialdetermines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.3 Third Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1. Payment methods. TapSocial reserves the right to remove or amend the available payment methods at its sole discretion.
10. REFUND POLICY
10.1 Withdrawal Right and Refund Request:
Charged in Error. If you believe that TapSocial has charged you in error, you must contact TapSocial within 30 days of such charge. No refunds will be given for any charges, which are more than 30 days old.
10.2 TapSocialreserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if TapSocial reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.4 Refund payments will be made in the same form as you initially made payment.
10.5 This refund policy does not affect your statutory rights.
11. ENDING YOUR RELATIONSHIP WITH TAPSOCIAL
11.1 You may terminate your relationship with TapSocialat any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or TapSocial Websites.
11.2 TapSocial may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or TapSocialWebsites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if TapSocial reasonably suspects that you are using the Software, the Products and/or TapSocial Websites to break the law or infringe third party rights;
(c) if TapSocial reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if TapSocial reasonably suspects that you are using our Products, Software and/or TapSocial Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days notice if TapSocial decides to cease offering that Product;
(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of TapSocial’s partners;
(g) on thirty (30) days notice if TapSocial decides to cease offering the Software to users in your jurisdiction generally.
11.3 TapSocial shall effect such termination by preventing your access to your User Account, the Software, Products and/or TapSocial Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
11.4 Consequences of Termination: Upon termination of your relationship with TapSocial: (a) all licenses and rights to use the Software, Products and/or TapSocial Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or TapSocial Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this paragraph 12, “TapSocial” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND TAPSOCIAL WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; TAPSOCIAL DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR TAPSOCIAL WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TAPSOCIAL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR TAPSOCIAL WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES TAPSOCIAL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
12.3 Nothing in this these Terms shall exclude or restrict TapSocial’s liability for (a) death or personal injury, (b) loss resulting from TapSocial’s wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT TAPSOCIAL WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO TAPSOCIAL, IN CONNECTION WITH OR ARISING FROM YOUR USE OF TAPSOCIAL WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR TAPSOCIAL WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR TAPSOCIAL WEBSITES.
12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, TapSocial shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to TapSocial, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
•your inability to use the Software to contact emergency services;
•the service limitations set out in paragraph 5.5;
•your failure to provide accurate physical location information to an emergency services operative; or
•conduct of third party emergency services operatives and calling centers to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
•any product or service provided by a third party under their own terms of service, including without limitation, TapSocial Access;
•any Third Party Technology;
•any third party website.
12.6 Subject to paragraphs 12.3 – 12.5 above, TapSocial’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF ONE HUNDRED U.S. DOLLARS IN ALL CASES.
12.7 If any third party brings a claim against TapSocial in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold TapSocialharmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
13. THIRD PARTY WEBSITES PRODUCTS AND SERVICES
13.2 You acknowledge and agree that any third party product information and pricing that is shown on the TapSocial Websites regarding third party products and services is given to TapSocial by the applicable third party merchant (“Merchant”). The Merchant has the ability to change their pricing or terminate their product availability at anytime. TapSocial is not involved in any transactions between you and any Merchant whose products and/or services are listed on the TapSocial Websites. TapSocial does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the TapSocial Websites; (v) links to the Merchants’ websites that are featured on the TapSocial Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
13.3 The Software and TapSocial Websites may include hyperlinks to other third party websites. TapSocial is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
14. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
15. FOR GOVERNMENT USERS ONLY
The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
16. HOW TO CONTACT TAPSOCIAL
16.1 To contact TapSocial in relation to the TapSocial Software or “TapSocial” branded Products, please submit a support request to twitterticker.net/contact.
16.2 To contact TapSocial in relation to the TapSocial Software, please submit a support request to email@example.com.
16.3 If you contact TapSocial by any means other than as set out in paragraphs 16.1 or 16.2, your request may not be acknowledged.
© 2011-2012 App Smiles LLC and Shines Brighter Software LLC. All rights reserved. Last updated: April 2012