September 14, 2013

Tapgift Terms of Service


Tapgift Terms of Service

Eligibility and Assent to Terms

Welcome to Tapgift. The following Terms of Service for the Tapgift website and mobile app and related services offered by Tapgift Network, Inc. (TNI) is a legal contract between you and TNI regarding your use of its services.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AND PAYMENT TERMS DESCRIBED ON TAPGIFT’S SIGN-UP SCREENS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF TAPGIFT.

BY CREATING YOUR TAPGIFT ACCOUNT AND USING TAPGIFT, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM TAPGIFT. IF YOU ARE UNDER THE AGE OF 18, YOU MAY USE TAPGIFT ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN.

Modification

At its sole discretion, TNI reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of Tapgift after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on Tapgift.

Individual Features and Services

When using Tapgift, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific features which may be posted from time to time. Tapgift may at its sole discretion limit, for any individual user, group of users, or all users, the use of any portion of its service(s), for example limiting the number of gifts, the number of offers, the quantity of specific items available for purchase, the number of gift recipients, or the number of network friends, or other technical or non-technical limits.

Tapgift Accounts

To purchase a gift for another recipient using the Tapgift mobile app does require the user to create a Tapgift account by supplying at minimum an email address and full and correct name, as well as a valid payment method.

A user is not required to create a Tapgift account in order to receive a gift alert by email or text message from another user; however, a gift recipient may be required to download and install a Tapgift mobile app on a mobile device in order to redeem a gift at a venue with a Tapgift-enabled point-of-sale.

To get the most benefit from Tapgift, most users will create a personalized Tapgift account. When you create a Tapgift account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and Tapgift mobile app(s), and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide when registering to use Tapgift and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss or theft of your device(s) or unauthorized disclosure or use of your account ID, password, or credit, debit or charge card number, if applicable), then you agree to immediately notify TNI. You may be liable for the losses incurred by TNI or others due to any unauthorized use of your Tapgift account. Before you can make a purchase with Tapgift you must enter a valid payment method (such as a credit card, debit card, prepaid card, Paypal, or other supported electronic payment method), for which you are the authorized account holder.

Device Security

If the security of your mobile device or Tapgift account is compromised through no fault of TNI, TNI will not be responsible for unauthorized purchases made on your account. If your device or password has been stolen, please contact TNI immediately to reset your account.

Permission to Use Tapgift

Subject to your compliance with the terms and conditions set out in this Terms of Service, TNI hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to use Tapgift to (i) purchase and send gifts (ii) to receive, redeem, and/or share gifts and/or marketing offers, and (iii) to participate in social network interactions within Tapgift, and (iv) participate in services or features of Tapgift now or hereafter made available by TNI.

Rights Reserved

TNI reserves all rights not expressly granted in this Terms of Service. You acknowledge that TNI may automatically issue upgraded versions of the software and systems comprising Tapgift and, accordingly, may upgrade the version of Tapgift you are using. TNI reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Tapgift, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Objectionable Content

You understand and acknowledge that you may be exposed to unfiltered social network messages or other content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TNI with respect thereto.

Prohibited Conduct

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT. YOU MAY NOT:

  • use Tapgift for any purposes other than to send, receive, redeem, and share gifts; receive, redeem, and share promotional offers; interact with your social network friends on the Tapgift network; engage in new activities as introduced and authorized by TNI.
  • use Tapgift in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory or libelous text message or other content;
  • defame, harass, abuse, threaten or defraud users or partners of Tapgift, or post or distribute any messages or content that are unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about users or third parties without their consent.
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Tapgift accounts of others without permission, forge another persons’ digital signature, or perform any other similar fraudulent activity;
  • hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of Tapgift, or features that enforce limitations on the use of Tapgift, or intentionally interfere with or damage operation of Tapgift or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating malware, viruses, adware, spyware, worms, or other malicious code; or by abuse of the system to effect denial of service to other users or the operators of Tapgift.
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Tapgift or any part thereof;
  • modify, adapt, translate or create derivative works based upon Tapgift or any part thereof.
  • remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Tapgift brand elements, including logos, trademarks, service marks or other materials displayed by TNI in connection with Tapgift in any manner whatsoever.
  • use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses Tapgift or any of its features in a manner that sends more request messages to Tapgift in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or mobile app.

Third-Party Sites

Tapgift may include links or references to other websites or services solely as a convenience to users. TNI does not endorse or control any such linked sites or the information, materials, products, or services contained on or accessible through linked sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers or venue partners or teams found on or through Tapgift are solely between you and those entities. Access and use of linked sites, including the information, materials, products, and services on or available through linked sites is solely at your own risk.

Termination; Violations

You agree that TNI, in its sole discretion, and without penalty, may terminate or suspend any account hosted by TNI and remove and discard all or any part of your account, user profile, or transaction history, for any reason at any time. TNI may also in its sole discretion and at any time discontinue providing access to Tapgift, or any part thereof, with or without notice. You agree that any termination of your access to Tapgift or any account you may have or portion thereof may be effected without prior notice, and you agree that TNI will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TNI may have at law or in equity. Upon termination for any reason, you agree to immediately stop using Tapgift. Your only remedy with respect to any dissatisfaction with (i) Tapgift, (ii) any term of this Terms of Service, (iii) any policy or practice of TNI in operating Tapgift, or (iv) any content or information transmitted or product sold through Tapgift, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of Tapgift.

Privacy

Your privacy is important to TNI. TNI’s Privacy Policy is hereby incorporated into these Terms by reference. Please read TNI’s Privacy Policy carefully for information relating to TNI’s collection, use, and disclosure of your personal information.

Ownership; Proprietary Rights

Tapgift is owned and operated by Tapgift Network, Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of Tapgift provided by TNI (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

All materials contained on the Tapgift website and in Tapgift mobile apps are the property of TNI or its subsidiaries or affiliated companies and/or third-party licensors and/or partners. All trademarks, service marks, and trade names are proprietary to TNI or its affiliates and/or third-party licensors and/or partners. Except as expressly authorized by TNI, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. TNI reserves all rights not expressly granted in this Terms of Service.

Indemnification

You agree to indemnify TNI its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Tapgift, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. TNI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TNI, and you agree to cooperate with TNI’s defense of these claims. Upon notice of any impending claim, action or proceeding, TNI will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties

TNI, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TNI OR THROUGH TAPGIFT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER INCLUDES TNI’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF TAPGIFT IS AT YOUR SOLE RISK. TAPGIFT AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TAPGIFT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TNI, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH TAPGIFT OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TAPGIFT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF TAPGIFT OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH TAPGIFT OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

RE PRODUCTS AND SERVICES PURCHASED THROUGH TAPGIFT

THE SUITABILITY, SAFETY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF PRODUCTS OR SERVICES PURCHASED THROUGH THE TAPGIFT SERVICE SHALL BE THE SOLE AND COMPLETE RESPONSIBILITY OF THE THIRD-PARTY MERCHANT. TAPGIFT MAKES NO WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO GIFTS AND/OR OFFERS, OR THE PRODUCTS OR SERVICES WHICH MAY BE REDEEMED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Sale of Items

Tapgift enables users to purchase promotional offers and gifts that are offered through the Tapgift website, mobile apps, and email and issued by third-party merchants and joint promotional partners.

When you purchase an offer with Tapgift, you agree to the terms and conditions stated in Tapgift’s Terms of Service, and you agree that all purchases are subject to any limitations stated in the gift or offer description.

Purchasing a gift or offer through Tapgift is comparable to purchasing a voucher for the specific product or service you are purchasing. A purchased item is represented in Tapgift as a barcode or alphanumeric code (an “Item Code”), which is redeemable at a designated Tapgift-enabled point of sale and is good for the specific product or service you purchased in the quantity for which you paid.

A Item Code has no cash value. Discretion for redeeming an alternate product, size, or quantity rests completely and solely with the third-party merchant.

THIRD-PARTY MERCHANTS AND JOINT PROMOTION PARTNERS AT TAPGIFT-ENABLED VENUES ARE COMPLETELY AND SOLELY RESPONSIBLE FOR THEIR PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR FITNESS FOR ANY PARTICULAR PURPOSE AND/OR THEIR SAFETY, SUITABILITY, FIT, OR QUALITY.

THE SENDER OF A GIFT IS SOLELY RESPONSIBLE FOR ENSURING THAT THE DESIGNATED GIFT RECIPIENT IS LEGALLY QUALIFIED TO RECEIVE THAT GIFT, AS IN THE CASE OF SENDING AN ALCOHOLIC BEVERAGE TO A PERSON OF LEGAL AGE TO RECEIVE THAT GIFT.

ALL PURCHASES MADE THROUGH TAPGIFT ARE NON-REFUNDABLE TO THE EXTENT PERMITTED BY LAW, EXCEPT IN THE CASE WHERE A TECHNICAL FAILURE OF THE TAPGIFT NETWORK PREVENTS DELIVERY OF AN ITEM CODE FOR WHICH PURCHASE IS CONFIRMED BY TRANSACTION RECORDS BUT A ITEM CODE IS NOT ISSUED BY THE SYSTEM.

WHEN YOU SEND A GIFT OR OFFER WITH TAPGIFT, THE RISK OF LOSS AND TITLE FOR THE ITEMS YOU HAVE PURCHASED PASS TO YOU UPON TNI’S TRANSMISSION OF THE GIFT ALERT TO A RECIPIENT.

Tapgift enables a user to send a gift to any recipient with only a valid destination email address or mobile phone number. To enable this valuable service, Tapgift relies on the user to enter the correct email address or phone number and without this reliance Tapgift could not offer this valuable service.

TNI IS NOT RESPONSIBLE IF YOU ENTER AN INCORRECT EMAIL ADDRESS OR OTHERWISE MISDIRECT A GIFT TO THE WRONG USER IN YOUR SELECTION OR ENTRY OF GIFT RECIPIENTS.

Tapgift can provide a personalized experience to individual users or groups of users based on their profile preferences, venue locations, or seat locations within a venue, and as such, at its sole discretion, Tapgift may target special offers to individual users or groups of users such that some users may not receive the same promotional offers or the same pricing as other users.

Alcoholic Beverages

THE REDEMPTION OF AN ITEM THAT INCLUDES AN ALCOHOLIC BEVERAGE IS SUBJECT TO LOCAL LAWS AND ORDINANCES AND THE POLICIES OF THE DISPENSING MERCHANT, WHO IS SOLELY AND COMPLETELY RESPONSIBLE FOR THEIR ENFORCEMENT. AS SUCH, REDEMPTION OF AN OFFER THAT INCLUDES AN ALCOHOLIC BEVERAGE MAY BE DENIED AS IN THE CASE WHERE THE RECIPIENT IS NOT OF LEGAL AGE TO RECEIVE THE ALCOHOLIC BEVERAGE, OR AS IN THE CASE WHERE A MERCHANT DETERMINES THAT THE RECIPIENT IS OTHERWISE DISQUALIFIED FROM RECEIVING THE ALCOHOLIC BEVERAGE DUE TO OTHER MERCHANT OR VENUE RULES, OR LOCAL ORDINANCES OR LAWS.

Transmission of Gift Alerts and Offers

When you purchase a gift for or forward an offer to another user in Tapgift, you may enter the recipient’s email address or mobile phone number, or for Tapgift members only, you may select a recipient from your list of social network friends and phone contacts in your Tapgift app. Tapgift will then transmit a Gift Alert or Offer email or text message on your behalf to the gift recipient, and if the recipient is already a registered Tapgift member, a message inside the Tapgift app or website. The message will include the details of your gift, an optional personalized message from you, and redemption instructions, including redemption locations and limitations such as expiration dates. In purchasing a gift, you give TNI permission to send the Gift Alert on your behalf, identifying you as the sender and including your personalized message and contact information including your email address.

Redeeming Items

Items purchased through Tapgift must be redeemed in accordance with the instructions in the Item details. Alerts may appear within the Tapgift mobile app, on the Tapgift website, on third-party websites and social networks, or in emails or text messages transmitted to non-member gift or item recipients.

Abbreviations or summaries of Alerts may display only partial details of an offer or gift, as in the case where they appear in a headline, a title, a link, text message, or email. The complete instructions and terms may appear only on secondary detail screens visible prior to redeeming a gift or deal.

All purchases of gifts and/or deals are non-refundable, except to the extent required by law or otherwise permitted, if at all, by TNI. Exchanges or substitution of products or services are not permitted except at the sole discretion of the redeeming merchant at the time of redemption.

Expiration Dates

To provide the innovative and valuable service of real-time social gifting, Tapgift imposes reasonable expiration dates on gifts and deals that relate to events in progress and the venues where gifts and deals may be redeemed. As such, gifts and deals expire at a time specified in the Item Alert details, for example at the end of an event such as a game or series of games, or at the end of a sports season, or for the duration of music festival, or for the duration of a service contract with participating third-party merchants, or after another specified date and time.

Tapgift may update the status of a purchased gift or deal to indicate whether it has been redeemed by a recipient, such that the sender of the gift may read or receive notification that the gift or deal has been redeemed at a supported Tapgift venue.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TNI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE TAPGIFT OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH TNI OR OTHER TNI SERVICES, EVEN IF TNI OR A TNI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TNI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL TNI’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF TAPGIFT OR YOUR INTERACTIONS WITH TNI OR OTHER TNI USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING A PRODUCT THROUGH THE TAPGIFT SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TNI AND RECEIVED THROUGH OR ADVERTISED ON TAPGIFT OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT TNI HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TNI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TNI. TNI WOULD NOT BE ABLE TO PROVIDE TAPGIFT TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Miscellaneous

TNI may provide you with notices—including those regarding changes to TNI’s terms and conditions—by email, by messages transmitted through the Tapgift app, or notices posted and visible upon logging into the Tapgift website. Notice will be deemed given twenty-four hours after an email is sent. Notices posted in Tapgift are deemed given 30 days following the initial posting.

The failure of TNI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TNI.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to these Terms or TNI as an entity will be filed only in the state or federal courts in and for San Mateo County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TNI without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and TNI relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by TNI as set forth above.

YOU AND TNI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TAPGIFT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by Tapgift Network, Inc. located at:

Tapgift Network, Inc.
1017 El Camino Real, Suite 459
Redwood City, California 94063
USA
Customer Support: support@tapgift.com
650-257-0792

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