Acceptance of Terms of Software
The following sets forth the agreement (this “Agreement”) between you and Tapas Apps under which you may download and use any product/service developed by Tapas Apps. Here forth in this Agreement, Tapas Apps Software will refer to any service, software, mobile and desktop application, web-app developed by TAPAS APPS.
YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING AND USING THE SOFTWARE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
You can review the most current version of this Agreement by visiting www.tapas-apps.com. The most current version will supersede all previous versions. By continuing to use the Tapas Apps’ Service/Software/App after changes are made, you agree to be bound by such changes.
Use of the Software Generally
Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon your payment of the applicable fees (if any), we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software on one mobile device solely as set forth herein.
Restrictions
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Software except as expressly provided in this Agreement.
(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Software.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.
(d) You agree that you shall only use the Tapas Apps Software in a manner that complies with all applicable laws in the jurisdiction in which you use the Tapas Apps Software, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Tapas Apps Software or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Tapas Apps Software. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Tapas Apps Software or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any Software providers associated with or connected to the Tapas Apps Software.
(f) We do not promote, recommend or condone use of the Tapas Apps Software during other activities, such as the operation of machinery, driving of vehicles, where there is any risk of accident. You agree not to use the Tapas Apps Software during such activities.
(g) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Tapas Apps Software only on the device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement.
Other Charges
In connection with your use of the Tapas Apps Software, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Electronic Communications
By downloading and/or using the Tapas Apps Software, you consent to receiving electronic communications and notices from Tapas Apps. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
Advertising/Third Party Offers
In connection with your use of the Tapas Apps Software, we may display certain third party advertising based on your current location or your use of the Tapas Apps Software. Additionally, the Tapas Apps Software may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Tapas Apps. Tapas Apps is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
Automatic Updates
Tapas Apps may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.
Intellectual Property
The Tapas Apps Software, including all Materials, is owned by Tapas Apps and its affiliates and third-party licensors, as applicable, and is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. Materials do not inlude certain materials and content submitted by users of the Tapas Apps Software or any website of Tapas Apps or any of its affiliates. All trademarks, Software marks and trade names are proprietary to Tapas Apps and its affiliates and third-party licensors, as applicable.
Disclaimers; No Warranties
TAPAS APPS SOFTWARE IS MADE AVAILABLE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TAPAS APPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
TAPAS APPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TAPAS APPS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE TAPAS APPS SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TAPAS APPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TAPAS APPS SOFTWARE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TAPAS APPS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release Tapas Apps, its developers, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the Tapas Apps Software, (ii) breach of any of this Agreement , (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the Tapas Apps Software. Tapas Apps reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TAPAS APPS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE TAPAS APPS SOFTWARE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF TAPAS APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TAPAS APPS’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL TAPAS APPS, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABILITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN TAPAS APPS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TAPAS APPS SOFTWARE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE TAPAS APPS SOFTWARE .
Technical Support
Tapas Apps has no obligation to furnish you with technical support unless separately agreed in writing between you and Tapas Apps.
Right to Terminate
Your rights under this Agreement will automatically terminate without notice from Tapas Apps if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Tapas Apps may immediately restrict your access to the Tapas Apps Software.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Software, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Tapas Apps as set forth above.
Contact
Contact us by email:support@tapas-apps.com.
