Acceptance of These Terms of Service
TAPSOCIAL LLC, operating as TapSocial ("TapSocial," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at https://www.tapsocial.com/ (the "Site"). The Site, including any updated or new features, functionality and technology, constitutes the "Service." All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
To the extent that you've entered into separate terms with TapSocial with respect to certain products or services, including advertising management services, that separate agreement and not these Terms of Service will govern your use of that product or service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TAPSOCIAL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy: At TapSocial, we respect the privacy of our users. For more information please see our Privacy Policy. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Agency Services: Professional services, including advertising management and campaign optimization provided by TapSocial, are governed by separate client service agreements and not these Terms of Service. These Terms apply only to your use of the TapSocial website and technology platform.
Access and Use of the Service
Service Description
The Service includes TapSocial services that are not provided pursuant to a separate agreement with TapSocial, including the Site and TapSocial's advertising management platform.
Your Registration Obligations
You may be required to register with TapSocial or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TapSocial of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TapSocial will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service
TapSocial reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TapSocial will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that TapSocial may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service. You agree that TapSocial has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
Conditions of Access and Use
User Conduct
You are solely responsible for all content that you make available to TapSocial, including by uploading, posting, or otherwise making available via the Service. You agree to not use the Service to:
- Upload any content that infringes any intellectual property or other proprietary rights of any party;
- Upload content containing software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- Interfere with or disrupt the Service or servers or networks connected to the Service;
- Violate any applicable local, state, national, or international law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or collect email addresses or other contact information of other users from the Service;
- Use or display our Service in competition with us, to develop competing products or services;
- Disassemble, reverse engineer, decode or decompile any part of our Service;
- Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by TapSocial, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part.
Trademarks
The TapSocial name and logos are trademarks and service marks of TAPSOCIAL LLC (collectively the "TapSocial Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in these Terms of Service should be construed as granting any license or right to use any of TapSocial Trademarks displayed on the Service, without our prior written permission.
Third-Party Material
Under no circumstances will TapSocial be liable in any way for any content or materials of any third parties, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. TapSocial has no control over and is not responsible for such Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
Indemnification
You agree to defend, indemnify, and hold harmless TapSocial, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "TapSocial Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TAPSOCIAL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TAPSOCIAL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE TAPSOCIAL PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TAPSOCIAL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and TapSocial, whether arising out of or relating to these Terms of Service, the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.
YOU AND TAPSOCIAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules, as modified by this Arbitration Agreement. For information on the AAA, please visit www.adr.org.
Termination
You agree that TapSocial, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if TapSocial believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and TapSocial will not be liable to you or any third party for any termination of your access to the Service.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and TapSocial governing your access and use of the Service, and supersede any prior agreements between you and TapSocial with respect to the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and TapSocial submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of TapSocial to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210.
Questions? Concerns?
Please contact us at support@tapsocial.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
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