These Terms and Conditions (these “Terms and Conditions”) apply to the website located at www.tappp.com, and all websites linked to www.tappp.com (collectively, the “Website”). The Website is the sole property of Swissclear Global, Inc., doing business as TAPPP (“TAPPP”).
“Customer,” “you,” “your” or other similar words refers to the individual or entity that uses the Website.
These Terms and Conditions govern your use of the Website. By using the Website, you accept the Terms and Conditions in full. If you disagree with the Terms and Conditions, do not use the Website. These Terms and Conditions also apply to all transactions made by Customer through the Website.
Changes to Terms and Conditions
TAPPP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Content; Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination,expression and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to TAPPP, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectualproperty rights and unfair competition laws. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
License to Use Website; Conditions of Use
As long as you comply with these Terms and Conditions, TAPPP hereby grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website (the “License”). You are not permitted or authorized, without the express written consent of TAPPP, to:
- republish material from the Website (including republication on another website);
- sell, rent or sub-license material from the Website;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any TAPPP server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate mean;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of TAPPP, including any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website or to TAPPP;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TAPPP on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
TAPPP reserves the right to do any of the following, at any time, without notice to you: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree that TAPPP may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to TAPPP, for which monetary damages would be inadequate, and you consent to TAPPP obtaining any injunctive or equitable relief that TAPPP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TAPPP may have at law or in equity.
You agree that TAPPP may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If TAPPP takes any legal action against you as a result of your violation of these Terms and Conditions, TAPPP will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TAPPP.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to create an account with TAPPP. You are solely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify TAPPP immediately of any unauthorized use of your account or password, or any other breach of security. You may be held responsible for losses incurred by TAPPP or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not access anyone else’s account at any time without the express permission and consent of the holder of that account.
TAPPP enables you to obtain certain digital content by verifying your purchase of a limited purpose prepaid card. TAPPP does not directly provide such content. After your purchase is verified by TAPPP, TAPPP will direct you to the website of the content provider. Your use of the content provider’s website is subject to the terms and conditions of the content provider’s website. TAPPP is not responsible for any content provided by any third party, nor for your satisfaction with such content. TAPPP does not control content providers’ websites and is not responsible for any content located on such content providers’ websites. All comments and complaints concerning such content must be addressed directly with the content provider.
Products and Services Content
TAPPP may make changes to any products or services shown on the Website, or to the applicable prices for any such products or services, at any time, without notice. Products and services shown on the Website may be out of date and TAPPP makes no promise to timely update such products and services.
TAPPP DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TAPPP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TAPPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAPPP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED BY CONTENT PROVIDERS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST TAPPP FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
Except where prohibited by law, in no event will TAPPP be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TAPPP has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms and Conditions, TAPPP is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, TAPPP’s liability shall in no event exceed $100.00 USD.
You agree to indemnify and hold TAPPP, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TAPPP by any third party due to or arising out of or in connection with your use of the Website.
Certain Disclosure of Information
TAPPP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TAPPP’s rights or property, or the rights or property of visitors to or users of the Website. TAPPP reserves the right at all times to disclose any information that TAPPP deems necessary to comply with any applicable law, regulation, legal process or governmental request. TAPPP also may disclose your information when TAPPP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that TAPPP may preserve any transmittal or communication by you with TAPPP through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or upon a determination that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TAPPP, its employees, users of or visitors to the Website, and the public.
Governing Law; Dispute Resolution
All matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Manhattan, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between TAPPP and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and TAPPP with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and TAPPP with respect to such use are hereby superseded and cancelled. TAPPP’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by TAPPP of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between TAPPP and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.