1. BINDING EFFECT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice, so you should check these Terms regularly. Your continued use of the Games will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, you must promptly cease using the Games.
3. LICENSE GRANT
Subject to these Terms and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited license to access and use the Games solely for your private, non-commercial, personal use. This license includes the right to download content, materials, data and communications, for purposes solely connected with the private, non-commercial, personal use of the Games.
4. PATENT, TRADEMARK and COPYRIGHT INFORMATION
All copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the Games belong to and vest in or are licensed by Tap. All of Tap’s intellectual property rights are hereby asserted and reserved. All portions of the Games are Copyright © 2015 Tap Systems, Inc. All rights reserved. These Terms and the rights granted by them do not give you any title or rights of ownership in any part of the Games or any copyright or other intellectual property rights subsisting in it. You acknowledge and agree that Tap Systems or its licensors own all right, title and interest in and to any Game content, and that such content is protected by United States and international copyright and other intellectual property and proprietary rights laws. Except for the license expressly granted herein, Tap Systems does not transfer to you any right, title or interest in or to the Game content. Tap System may use, sell, assign, transfer, and license copies of and rights in the Game content to third parties in Tap Systems’ sole discretion free from any claim by you. All third party trade names and trademarks are the property of their respective owners and Tap makes no warranties or representations in relation to them.
5. PROHIBITED USES
In connection with your use of the Games, you agree (a) to comply with all applicable local, state, federal, national, foreign and international laws, statutes, regulations, ordinances and rules including, without limitation: (i) any intellectual property laws or laws pertaining to the proprietary rights of others, (ii) the U.S. Foreign Corrupt trade Practices Act, or (iii) the U.S. Export Administration Act or any other applicable export control laws or laws relating to the export of data or software to or from the United States or any other jurisdiction, in each case during your use of the Games.
You further agree and undertake not to: hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Games or any part of them; remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Games; create software which mimics any data or functionality in the Games; use the Game except as permitted by these Terms; make any public, business or commercial use of the Games or any part of them; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Games without Tap’s prior written permission; or disrupt or assist in the disruption of any computer used to support the Games or any other player’s Game experience.
6. NO WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, TAP IS PROVIDING THE GAMES ON AN “AS IS” BASIS. TAP DISCLAIMS ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES (INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES) RELATING TO THE GAMES. TAP WILL NOT HAVE ANY LIABILITY TO YOU (WHETHER OR NOT CAUSED BY ITS NEGLIGENCE) RELATING TO THE GAMES FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF GOODWILL, DAMAGE TO REPUTATION, DAMAGE TO COMPUTER SOFTWARE AND OTHER COMPUTER OR STORAGE SYSTEMS.
IN PARTICULAR, TAP DOES NOT REPRESENT OR WARRANT THAT: (A) THE GAMES OR YOUR USE THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE GAMES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE GAMES OR YOUR USE THEREOF WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE GAMES WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAP OR IN CONNECTION WITH THE GAMES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE THAT (A) YOU ASSUME ALL RESPONSIBILITY FOR ANY AND ALL RISK OF DAMAGE OR LOSS FROM THE ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAMES.
This Agreement is effective until terminated. Tap may terminate this Agreement and your use of the Games at any time and for any reason by notifying you of such termination. You may terminate this Agreement by discontinuing your use of the Games, deleting the Games, in their entirety, from your computer(s) or other device and affirmatively cancelling all accounts, if any, to which you are subscribed. The provisions of Sections 4, 6, and 15 shall survive any termination of this Agreement.
9. ADDITIONAL PROVISIONS
(i) Reserved Rights. Any rights not expressly granted herein are reserved by Tap.
(ii) Applicable Law and Jurisdiction. These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the county of Los Angeles, California, USA, in connection with all disputes arising out of or related to the use of the Games or any Tap services. Notwithstanding the foregoing, you acknowledge and agree that Tap will be entitled to seek injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
(iii) Unenforceable. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable in whole or in part, all other terms and conditions, to the extent not found unenforceable, will remain unaffected and in full force and effect.
(iv) No Waiver. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
(v) Force Majeure. Tap shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tap, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Tap’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.