TapTunes™ Store Policy

TapTunes™ Inc., 1920 Dolgner Place, Sanford, FL USA, develops, operates, and provides various services in the fields of, among others, the creation, design, management, optimization, scanning, and analysis of Q.R. Codes (mobile) websites and the related tools and advisory services for its customers (from now on referred to as "User" or "Users"). TapTunes™, Inc. provides these services under the domains TapTunes.us, TapTunes.com & TapTunes.app. With these General Terms and Conditions (from now on referred to as "T&C"), TapTunes™, Inc. wants to ensure a transparent business relationship with the User but also protect Bitly Europe from malicious use. Therefore, you agree to all our terms and conditions as outlined in this version by accepting the terms and conditions.

 

Privacy:

As part of the contractual service, TapTunes™, Inc. and its service providers collect, store and process personal data in conformity with current USA laws. Data shall only be passed on to third parties if necessary for providing services or if such data transfer is under a legal obligation. The User agrees with the collection, storage, and transfer of data.

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You own all of the content and information you post on a Q.R. code, TapTunes™ Music Card, and you are responsible for it.

 

For content that is covered by intellectual property rights, like photos and videos ("I.P. content"), you explicitly give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any I.P. content that you post on or in connection with ("I.P. License"). This standard legal procedure allows us to store and display your content to your Q.R. code visitors. This I.P. License ends when you delete your I.P. content or your account unless your content gets shared with others and they have not deleted it.

 

When you delete I.P. content, it is deleted, like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period (but will not be available to others).

 

Safety:

We do our best to keep it safe, but we cannot guarantee it. So we need your help to do that, which includes the following commitments:

 

You will not send or otherwise post unauthorized commercial communications (such as spam or phishing).

 

Without our permission, you will not collect users' content or information or otherwise access using automated means (such as harvesting bots, robots, spiders, or scrapers).

 

You will not upload viruses or other malicious code.

 

You will not solicit login information or access an account belonging to someone else.

 

You will not bully, intimidate, or harass any user.

 

You will not post content that: is hateful, threatening, pornographic, incites violence, or contains nudity, graphic or gratuitous violence.

 

You will not use it to do anything unlawful, misleading, malicious, or discriminatory.

 

You will not do anything that could disable, overburden, or impair the proper working, such as a service attack.

 

You will not facilitate or encourage any violations of this Statement.

 

Registration and Account Security:

Users provide their real names and information, and we need your help to keep it that way. So here are some commitments you make to us relating to registering and maintaining the security of your account:

 

You will not provide false personal information on or create an account for anyone other than yourself or the company you work for without permission. Likewise, you will not create another without our consent if we disable your account.

 

You will keep your contact information accurate and up-to-date.

 

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

 

After getting our written permission, you will only transfer your account to someone.

 

We reserve the right to remove or reclaim a screen name if we believe it inappropriate (such as when a trademark owner complains about a username).

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Protecting Other People's Rights:

You will not post content or take any action that infringes or violates someone else's rights or the law. We can remove any content or information you post if we believe it violates this Statement. If you believe your intellectual property rights have been infringed, please contact us at support@taptunes.us. Suppose we remove your content for infringing someone else's copyright, and you believe we removed it by mistake. In that case, we will provide you with an opportunity to appeal by emailing us at support@taptunes.us. If you repeatedly infringe on other people's intellectual property rights, we will disable your account when appropriate. Without our permission, you will not use our copyrights, trademarks (i.e., Logos), or any confusingly similar marks.

If you collect information from users, you will: obtain their consent, making it clear you are collecting their data. In addition, you will post a privacy policy explaining what information you collect and how you will use it.

 

Disputes:

You will resolve any claim, cause of action, or dispute ("claim") with us arising out of or relating to this Statement or exclusively in a Florida federal court in the USA. The laws of Florida will govern this Statement and any claim that might arise between you and us without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the Florida US courts to litigate all such claims. Suppose anyone brings a claim against us related to your actions, content, or information. In that case, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs). We try to keep up bot-free and safe, but you use it at your own risk. We provide "as is" without express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that it will be safe or secure. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising from or in connection with this Statement.

 

Definitions:

By "TapTunes™," we mean the features and services we make available, including through:

1. Our website at TapTunes.us and any other branded or co-branded sites (including sub-domains, international versions, widgets, and mobile versions)

2. Our Platform

3. Other media, software, devices, or networks now exist or have later developed.

By "us," "we," and "our," we mean TapTunes, Inc.

By "content," we mean anything you publish through TapTunes.us

By "scan," we suggest scanning a Q.R. code anywhere.

By "function," we mean the function you choose your Q.R. to be re-directed.

 

 

Other:

These terms and conditions comprise the agreement between the parties regarding and supersede any prior agreements. If any portion of these terms and conditions is unenforceable, the remaining amount will remain in full force and effect. It is only a waiver if we enforce these terms and conditions. Any amendment to or waiver of these terms and conditions must be made in writing and signed by us. Without our consent, you will not transfer any of your rights or obligations under this Statement to anyone else. All of our rights and obligations under this Statement are freely assignable in connection with a merger, acquisition, or sale of assets. Nothing in these terms and conditions shall prevent us from complying with the law. These terms and conditions do not confer any third-party beneficiary rights.

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ACCEPTANCE OF TERMS

TapTunes™, Inc. provides services subject to the following Terms of Service(TOS), which can be updated periodically without prior notice. By accessing and using the TapTunes, Inc. Service, your use of the service implies your consent to the TOS. Accordingly, you accept and agree to be bound by the provisions of the TOS.

DESCRIPTION OF SERVICE

TapTunes.us is a web-based service that allows users to create and update online content and communities (herein referred to as "TapTunes™" or the "Service"). The service may be used through a web browser or downloadable clients (the "Software"). TapTunes.us provides users with templates and other tools for creating and maintaining web pages based on content provided by such users, to be stored and served on TapTunes.us. In addition, each registered User can create and publish information & photos. This content will reside on TapTunes.us servers. You are solely responsible for the content you post. 

INDEMNITY

You agree to indemnify and hold TapTunes™, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of others, whether you are a registered user or not. The User is solely responsible for their actions when using the service, including, but not limited to, costs incurred for Internet access.

MODIFICATIONS TO SERVICE

TapTunes™, Inc. reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice at any time. You agree that TapTunes, Inc. shall not be held liable to you or any third party for any modification, suspension, or discontinuance of the service.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any service portion, use of the service, or access to the service.

ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the TapTunes™, Inc. Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that TapTunes™, Inc. shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the TapTunes™, Inc. Services.

LINKS

The TapTunes™, Inc. Service, or third parties, may provide links to other websites or resources. Because TapTunes™, Inc. has no control over such sites and resources, you acknowledge and agree that TapTunes™, Inc. is not responsible for the availability of such external sites or resources and does not endorse, nor is it responsible or liable for any content, advertising, products, or other materials that appear on such sites. You further acknowledge and agree that TapTunes™, Inc. shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such content, goods, or services found on such other websites and resources.

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PROPRIETARY RIGHTS

You acknowledge and agree that the service, and any necessary software used in connection with the service (referred to as "Software"), may contain proprietary and confidential information protected by applicable laws governing intellectual property, proprietary rights, and the like. All TapTunes.us code and specifications, and all other code and specifications for the software and the operation of the service, are subject to their express or implied licenses. You further acknowledge and agree that content in advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TapTunes™, Inc. or advertisers, you agree not to modify, rent, lease, sell, distribute, or create derivative works based on the Content, the Service, or the Software, in whole or in part. TapTunes™, Inc. is a USA-created service.

 

TRADEMARK INFORMATION

You agree that all of TapTunes™, Inc. trademarks, trade names, service marks, and other TapTunes™, Inc. logos and brand features, and product and service names are trademarks and the property of TapTunes™, Inc. . Without TapTunes™, Inc. prior permission, you agree not to display or use in any manner the TapTunes™, Inc. Marks.

NOTICE

TapTunes™, Inc. may provide you with notices regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the TapTunes™, Inc. Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by unauthorized access to the TapTunes™, Inc.  Services. Your agreement to this TOS constitutes your agreement that you are deemed to have received any, and all notices that would have been delivered had you accessed the TapTunes™, Inc.  Services in an authorized manner.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAPTUNES™, INC.  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TAPTUNES™, INC.  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICE;

2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

5. ANY OTHER MATTER RELATING TO THE SERVICE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

TapTunes™, Inc. respects the intellectual property of others, and we ask our users to do the same. Accordingly, TapTunes™, Inc.  may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeated infringers. If you believe that your work has been used in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please get in touch with us at support@taptunes.us.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on TapTunes.us is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions outlined in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of TapTunes™, Inc. proprietary rights in them.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and TapTunes™, Inc. and governs your use of the service, superseding any prior agreements between you and TapTunes™, Inc. and any prior representations by TapTunes™, Inc. The laws of the State of Florida, U.S.A, shall govern the TOS and the relationship between you and TapTunes™, Inc., without regard to its conflict of law provisions. You and TapTunes™, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sanford, Florida, U.S.A. The failure of TapTunes™, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the condition. The other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

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