Registered User Conduct
All information, data, text, photographs, graphics, messages or other materials including any user feedback (“Content”) publicly posted, sent, submitted, published, transmitted or otherwise made available through the Site (collectively, “Posted”) is the sole responsibility of the person from whom such Content originated. This means that you, and not Tapoos, bear all risks and liabilities for all Content(including comments) that you Post (“User Content”). For our protection and the protection of all users, you agree not to Post any Content on the Site that:
- infringes any intellectual property or other rights or any entity or person, including infringing on anyone’s copyrights, trademarks, patents, trade secrets, rights of publicity or any other proprietary right;
- intentionally or unintentionally violates any law or may be considered to violate any law or advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, indecent, threatening, abusive to others, libelous, defamatory, invasive of privacy, racist, harassing or offensive;
- does not pertain directly to this Site;
- seeks to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or otherwise;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;
- advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or any form of soliciting, including but not limited to soliciting funds, advertisers, sponsors, goods or services) except as may be specifically authorized on this Site;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer software or hardware or telecommunications;
- harvests or otherwise collects or stores personal data about other users or any other person;
- disobeys any policy or regulations established from time to time regarding the use the Site or any network connection to the Site; or
- contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.
By using our website, you hereby grant to us and our affiliates the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all User Content communicated by you to us through this Site, and to incorporate any such User Content in any other works in any form, media or technology now known or later developed. We and our affiliates will not be required to treat any such User Content as confidential, and may use any such User Content in our respective businesses (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as result of any similarities that may appear in our or our affiliates’ respective future operations.
You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of Content. Neither we, nor any third party that provides any Content to us, will assume or have any liability for any action or inaction by us or such third party with respect to any submission. On behalf of yourself and your relatives, heirs, estate, beneficiaries, administrators, executors and any and all other types of agents or representatives, you release and hold us and our affiliates harmless from any and all claims resulting from any action or inaction taken by us during or as a result of our monitoring and/or from any actions taken as a consequence of the monitoring by either Tapoos or law enforcement authorities, and irrevocably waive any and all such claims against us.
Except for Content that is in the public domain, the Content accessible on this Site, and all copyrights and other rights therein, are owned solely by us or our licensors, with all rights reserved. We own the copyright in the Site as a whole. Other than as expressly set forth herein, the Content may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. Notwithstanding the foregoing, you reserve the right to use your own User Content for any purpose.
You are authorized to view, download, copy, display and distribute the Content from the Site for non-commercial uses only, provided that you keep all copyright and other proprietary notices intact. If you would like to obtain permission from us to use the Content in any other manner, please contact us at firstname.lastname@example.org
Linking to the Site
No Warranties and Limitation of Liability
ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
Registered User Account, Password and Security
Because we cannot know every jurisdiction in which this Site may be accessed, we cannot and do not make any representation that materials on the Site are appropriate or available for use in locations outside the United States. Please be aware that should you choose or need to access the Site from other locations, you are responsible for compliance with local laws.
Procedure for Making Claims of Copyright Infringement
It is important to us that we act responsibly if someone claims that a copyright infringement is taking place on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to us:
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
- identification of the Content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content; • your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send such notice to email@example.com. We will take reasonable steps to promptly notify the user whose submission was removed or disabled that we have removed or disabled such Content.
If you believe that User Content that you Posted was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Post and use such User Content in your user submission, you may send a counter-notice containing the following information to us:
- your electronic or physical signature;
- a description of the User Content that has been removed or to which access has been disabled;
identification of the location at which the User Content appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the Content;
your name, address, telephone number, and email address; and
- a statement by you that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in the Commonwealth of Massachusetts, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person. Please send such notice to: firstname.lastname@example.org
- If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed User Content or cease disabling access to it in 10 business days. Unless we or our agent first received notice that the original complaining party has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to User Content on the Site, we will replace the removed User Content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
Choice of Law and Forum
Severability and Integration
We reserve the right, in our sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any Content from the Site, with or without notice. You agree that we will not be liable to you or any third party for any termination of your access to the Site or for removal of Content from the Site.