Last modified on October 31, 2019
BY USING THE SERVICES, YOU AGREE TO THESE TERMS, WHICH GOVERN USE OF TMS’ SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of our Terms without prior notice. Modifications shall become effective immediately upon being posted on our Site and App. Your continued use of our Services after amendments are posted constitutes an acknowledgement and acceptance of the Terms and its modifications.
We may require that you create an account to use or access certain parts of the Services. We may require that you provide login information such as a username and password to access and utilize your account.
By registering, you represent that:
- you are eligible for an account either because (i) you are an individual who is at least eighteen (18) years old or of legal age in your country of residence if such age exceeds eighteen (18), or (ii) you are an individual whose registration has been authorized by your parents or legal guardian (if you are below the legal age in your respective country of residence); and
- the information you include about yourself (as part of the registration process) (your “Personal Information”) is true, accurate, current and complete (and you undertake to maintain such Personal Information during the time you have a TMS account).
You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. You agree to immediately notify TMS of any unauthorized use of your account (including any breach of security) and ensure that you take such reasonable steps to sign out of your account when using a computer or device that does not belong to you. TMS cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
By registering for a TMS account in connection with your use of TMS’ Services, you are advised that you can use the same TMS account credentials to access other TMS platforms providing our Services, and you accept that these Terms apply to all TMS platforms (through the Site or App).
2.Use of Services By Children
TMS is concerned about the safety and privacy of all its users, particularly those not yet of legal age in their respective country of residence (“Child” or “Children”). Parents or legal guardians who wish to allow their Children to access our Services should review these Terms and assist their Children with setting up any relevant accounts and supervise their Children to access our Services. By allowing your Child access to our Services, the Child will be able to access features that may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by unsupervised Children. Please remember that TMS’ Services are designed to appeal to a broad audience. As the legal guardian, it is your responsibility to determine whether any of TMS’ Services and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds and any other material on the Services are appropriate for your Child. TMS disclaims any liability in this respect.
3. User Code of Conduct
As a condition of your access and use of the Services and your submission of or access to any materials, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by TMS. The Code of Conduct is designed to ensure the Services are a safe and comfortable environment for all users. Specifically, and without limitation, you agree not to use the Services to:
- violate these Terms or and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- upload, post, email or otherwise transmit any content that is unlawful, harmful, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, tortuous, vulgar, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringe, misappropriate or violate any third party’s patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party, including, the Rights of TMS;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any content from our Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of TMS, which consent may be withheld by TMS in our sole discretion;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these Terms;
- upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with TMS;
- knowingly provide or submit false or misleading information;
- use the Services if you are a Child and your use has not been authorized by your parents or legal guardian;
- take any action that would undermine the review and rating process under the Services; or
- attempt to gain unauthorized access to the Services, other user accounts, or other computer systems or networks connected to the Services.
TMS shall have the right, but not the obligation, to monitor the content of the Services to determine compliance with these Terms and any other operating rules established by TMS and to satisfy any law, regulation or authorized government request. TMS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services.
If you violate these Terms, your account may be suspended or terminated and TMS may refuse you access to our Services.
4. User Generated Content
The Services enable users to upload, post and share information, images, text and other material (“User Generated Content”). By providing any User Generated Content to the Services, you understand that TMS does not guarantee any confidentiality with respect to the User Generated Content and hereby grant a limited, worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to TMS a to use, reproduce, distribute, prepare derivative works of, and display your User Generated Content in connection with the provision of the Services and otherwise in connection with the provision of TMS’ business.
TMS is not responsible for any User Generated Content posted to the Services. By using the Services, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Services or requested by you. TMS is not a party to any disputes between you and a third-party. TMS does not endorse such User Generated Content and under no circumstances is TMS liable for any products, services, content, or any other behavior of third-parties.
You are solely responsible for obtaining all consents as may be required by law to collect or submit any user content (including without limitation any personally identifiable information such as biographical information) relating to third parties.
By posting any User Generated Content when using the Services or otherwise submitting User Generated Content to the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to TMS and its partners 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 Generated Content, in accordance with your settings and these Terms, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and TMS’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Generated Content through the Services (to the extent such User Generated Content is made available to those users via the features and functionality of the Services, including any applicable privacy settings), and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
5. Payment Information
TMS does not collect credit card or bank account information from its users. Some of our features require you to pay a fee. You agree to pay these fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Services allows you to use mobile solutions such as Mon Cash or MTN Mobile Money to process your payment transactions. We will bill all charges automatically to your account (e.g. Mon Cash MTN Mobile Money, or similar account). All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested Services.
6. Modifications and Interruption to Services
You acknowledge and accept that TMS does not guarantee continuous, uninterrupted or secure access to the Services and operation or use of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. TMS shall not be liable should for any modifications, interruptions, outages, downtimes or disruptions to the Services.
TMS reserves the right to modify or discontinue the Services with or without notice.
7. Intellectual Property
The contents of the Services are protected by copyright, trademark and other intellectual property law and may not be modified, reproduced, copied or distributed without permission from TMS.
“TAPIN” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Site are the trademarks of TMS. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.
You should assume all material available on the Services is protect by copyright law. All Services material apart from any content submitted by other users, including, but not limited to, text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of TMS and/or its licensors and are protected by U.S. and international copyright laws.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to:
Tapin Mobile Solutions
85 E Central St,
Natick, MA 01760
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED BY TMS ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS, TMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES AND WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TMS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TMS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
TMS DOES NOT WARRANT THAT ITS SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER`S USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TMS IS NOT RESPONSIBLE FOR THOSE COSTS. 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.
9. Limitation of Liability
TMS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TMS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR TMS DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION CONTAINED IN THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You hereby release and waive all claims against TMS with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
You agree to indemnify and hold TMS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of user`s (i) your use or misuse of, or inability to use the Services; (ii) your infringement; (iii) your violation of these Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other users; or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by TMS in the defense of such claims. TMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users.
11. Governing Jurisdiction of the Laws of Massachusetts
Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and TMS, without regard to conflict of law or choice of law rules. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access and/or use the Services, you agree to do so subject to the laws of Massachusetts and the United States.
12. Third-Party Sites and Linked Content
In order to access and use the App, you will be required to download it through a third-party digital distribution platform that makes mobile applications available. Your use of such digital distribution platform will be governed by a separate and independent legal agreement between you and the relevant third party, and TMS has no responsibility or liability in respect of your use of such platform or any transactions with such third parties on their platforms.
13. Miscellaneous Terms
14. Contacting Us
If you have any questions regarding these Terms or wish to contact us for any matter e-mail us at firstname.lastname@example.org or write us at:
Tapin Mobile Solutions
85 E Central St,
Natick, MA 01760