IMPORTANT. READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE TAPATALK APPLICATION (DEFINED BELOW) OR USING THE TAPATALK WEBSITE LOCATED AT WWW.TAPATALK.COM. BY DOWNLOADING THE APPLICATION OR USING THE SERVICE (DEFINED BELOW), YOU ("you," "your," or "end-user") ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND TERMS, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED AND NOT AUTHORIZED TO ACCESS THE WEBSITE OR DOWNLOAD OR USE THE APPLICATION.
1. Grant of License for Registered Users; Use of Service
Tapatalk, Inc. ("Tapatalk," "us," or "we") grants you a limited, non-exclusive, non-transferable license to upload, install and otherwise use the Tapatalk mobile application ("Application") in conjunction with a Tapatalk compatible forum ("Service"), including any documentation files accompanying the Service ("Documentation"), provided that: (i) all copyright notices are maintained on the Service; and (ii) you agree to be bound by the terms of this License Agreement, and (iii) the Service is used for the limited purpose contemplated in the provision of this License Agreement and these Terms. The Service, Application and Documentation shall be used only by you or your organization.
2. Use of Service; Advertisements
You may use the Service only if you can form a binding contract with Tapatalk and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service.
We provide features in the Service that allow you to follow other users, specific forums, sub-forums, or threads. These features will also allow other users to follow you or follow specific forum threads that you make via the Service. In the event that you do not want to allow other users to follow you or your forum threads, please visit the Settings section in the Application to make certain information private where available. When you choose to follow a forum, we will send your name, username, and email to the applicable forum so that you become a member of that forum, and you agree to comply with the rules, regulations, end-user license agreement, and terms of service of each such forum.
In addition, we provide a feature for you to invite your friends to use the Service. You agree only to invite friends who you think would be interested in using the Service.
The Service may include advertisements, which may be targeted to you, the content or information on the Service, or other information. The types and extent of advertising by Tapatalk on the Service are subject to change. In consideration for Tapatalk granting you access to and use of the Service, you agree that Tapatalk and its third party providers and partners may place such advertising on the Service.
You have no ownership rights in the Service. Rather, you have a license to use the Service as long as this License Agreement remains in full force and effect. Ownership of the Service, Application, Documentation and all intellectual property rights therein shall remain at all times with Tapatalk. Any other use of the Service by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of these Terms.
The Service, Application and Documentation contain material that is protected by copyright law, nationally and internationally. It is also protected by United States Copyright Law, trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Tapatalk. You may not remove any proprietary notice of Tapatalk. from any part of the Service, Application or Documentation.
All licenses pertaining to your use of the Service, Application and Documentation must be granted explicitly in writing by Tapatalk. Accordingly, without such license or as set forth explicitly under these Terms you may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Service or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Application or Service, nor shall you attempt to create the source code from the object code for the Application or Service.
You acknowledge that the Service contains proprietary trade secrets of Tapatalk and you agree to maintain the confidentiality of the Service using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. In order to access certain features of the Service you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Tapatalk in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Tapatalk is not liable for any loss or damage arising from your failure to comply with this section.
8. No Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APPLICATION AND ANY AND ALL SERVICES AND/OR SERVICES PROVIDED BY TAPATALK IN CONNECTION WITH THE APPLICATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. TAPATALK DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE TAPATALK ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (IV) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE TAPATALK ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE TAPATALK ENTITIES BE LIABLE (A) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF TAPATALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) FOR, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, BUSINESS INTERRUPTION WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, LOSS OF DATA, OR ANY PERFORMANCE UNDER THE AGREEMENT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF SUCH END-USER OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID FOR THE LICENSE TO TAPATALK HEREUNDER. TAPATALK MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY APPLICATION, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
10. ENFORCEABILITY OF THIS AGREEMENT
IF ANY PROVISION OF THESE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.
11. Your Warranties
You represent, warrant, and unconditionally guarantee to Tapatalk that (a) you have the right and ability to enter into this agreement to license and use the Tapatalk Service, (b) you and/or any parties to whom you may make use of the Service available will not use it in any manner that might (i) infringe upon any United States copyright, patent, trademark, trade secret, or other proprietary right of any third party; (ii) materially violate any applicable law, statute, ordinance, regulation, right of publicity or privacy; (iii) knowingly contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines; (iv) contain or promote illegal or unlawful activity; (v) contain excessively objectionable or crude content; (vi) contain pornographic material, defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings;" (vii) contain references or commentary about a religious, cultural or ethnic group that are defamatory, offensive, mean-spirited or likely to expose the targeted group to harm or violence. Any violation of your warrant may result in an immediate and permanent ban from the Service.
You will indemnify, defend and hold harmless Tapatalk and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, "Tapatalk Entities") from all claims, whether actual or alleged (collectively, "Claims"), that arise out of or in connection with a breach of these Terms of Service, use of the Service, including any content you submit, post, transmit, modify or otherwise make available through the Service, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Tapatalk Entity, subject to such Tapatalk Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Tapatalk Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Tapatalk Entity without its prior express written consent.
This License Agreement is effective until it is terminated. Unless otherwise explicitly set forth in writing within another agreement, you may end your legal agreement with Tapatalk at any time for any reason by deactivating your account and discontinuing your use of the Service. You do not need to specifically inform Tapatalk when you stop using the Service. Tapatalk may terminate this License Agreement for any reason, including, but not limited to, if Tapatalk finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Tapatalk all copies of the Service, Application and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, limitation of liability and indemnification (specifically paragraphs 3 through 13) shall survive the termination of this License Agreement.
14. Trademark Information and Intellectual Property
You agree that all of Tapatalk’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Tapatalk, and that you will not make trademark use of or otherwise misappropriate any of the foregoing without Tapatalk's prior written approval in each instance.
All other trademarks that appear on the Application Tapatalk website or in connection with the Service, including the trademarks of Tapatalk compatible forums, are displayed for informational, identification, and reference purposes only, and are the property of their respective owners. Tapatalk's identification and display of Tapatalk compatible forum names and logos does not imply any endorsement by, affiliation with, or sponsorship by any forum, and Tapatalk explicitly disclaims any such endorsement, affiliation, or sponsorship.
You agree that the Service contains proprietary information protected by applicable intellectual property and other laws in favor of Tapatalk. You further agree that content and information presented to you through the Service is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
15. Copyright or Intellectual Property Complaints
Tapatalk respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Tapatalk may also terminate a user’s access to the Service if the user is determined to be a repeat infringer. Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
2105 Colorado Avenue, Suite 109
Santa Monica, CA 90404
16. Choice of Law; Venue; Class Action Waiver.
These Terms of Service and the relationship between you and Tapatalk are governed by the laws of the State of California without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Tapatalk, shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You and Tapatalk waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST TAPATALK SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE TAPATALK ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. 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, including the website, the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Tapatalk may provide you with notices by email, regular mail, SMS, MMS, text message, push notifications, postings on the Service/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Tapatalk will have no liability associated with or arising from your failure to maintain and supply Tapatalk with accurate contact information about yourself, including your failure to receive important information and updates about the Service, Application or the website.
18. General Information
These Terms of Service were last updated on December 29, 2014.
2105 Colorado Avenue, Suite 109
Santa Monica, CA 90404