Tapastic Services ("Tapastic," "Service" or "Services") are provided by Tapas Media, Inc. ("We," "Our" or "Tapas") to you ("User" or "Users").
- Your Acceptance
- Although We will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version at http://tapastic.com/tos. Tapastic may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 5 days after they have been posted. Nothing in these Terms of Service shall be deemed to confer any third party rights.
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Tapas and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- Ability to Accept Terms of Service
- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
- In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are tons of other fantastic websites for you. Talk to your parents about what sites are appropriate for you.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of Tapastic, including but not limited to all products, software and services offered via the Tapastic website, such as the Tapastic Forum, the Tapastic Share, Subscribe, RSS and Embed features, the Tapastic "Publisher Dashboard" and other applications.
- The Service may contain links to third party websites that are not owned or controlled by Tapas. Tapas has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Tapas will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Tapas from any and all liability arising from your use of any third-party website.
- Tapastic User Accounts
- In order to access some features of the Service, (for example: Uploading content and using the "Publisher Dashboard") you will have to create a Tapastic user account. You may never use another’s user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tapastic immediately of any breach of security or unauthorized use of your account.
- Although Tapastic will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tapastic or others due to such unauthorized use.
- General Use of the Service
Tapas Media hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You do not alter or modify any part of the Service.
- If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the Tapastic website.
- If you use the Tapastic Uploader, you agree that it may automatically download and install updates from time to time from Tapastic. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Tapas to deliver these to you) immediately as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that Tapastic offers to users.
- Notwithstanding the foregoing, Tapas grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Tapas reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
- In your use of the Service, you will comply with all applicable laws.
- Tapas reserves the right to discontinue any aspect of the Service at any time.
- Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("marks") on the Service, are owned by or licensed to Tapas, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by Tapas on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content without the prior written consent of Tapas or the respective licensors of the Content. Tapas and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Tapas is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to 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 Tapas with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Tapas, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Your Content and Conduct
- As a Tapastic user account holder you may submit Content to the Service, including comics, images, animated gifs, links and user comments. You understand that Tapas does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
- You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant Tapas all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the Tapastic’s Content Policy, currently found at http://tapastic.com/policies/content, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- Tapas does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Tapas expressly disclaims any and all liability in connection with Content. Tapas does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Tapas will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Tapas reserves the right to remove Content without prior notice.
Tapas does not claim ownership rights in your Content. Your Content belongs to you and Tapas does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings Tapas may provide.
- For the purpose of enabling Tapas to make your Content available on our platforms, you hereby grant Tapas an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platform for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
- We will not sell or redistribute your Content to third party licensees. Advertisements on the Tapastic platform from third parties will be served with Content. In a case where Tapas offers an opportunity for a Content to benefit from additional compensation such as licensing for merchandising, publication, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent is possible.
- Because you retain all rights to your Content you may publish them simultaneously in print or digitally and license them for movies, merchandising or any other opportunity independently.
- In order to promote, publicize, market and further the success of Users’ Content and Tapas Media as a whole you hereby grant Tapas an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on Tapastic or give to Tapas Media and your User persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
- We use third-party advertising companies to serve ads when you visit our Website.
- These companies may use information (except for your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
- You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to Tapas via email at firstname.lastname@example.org.
- Users, who violate these Terms of Service, tamper with the operation of the program or engage in any conduct that is detrimental or unfair to Tapas, the program or any other users (in each case as determined in Tapas’ sole discretion) are subject to suspension or cancellation of their user account(s) without receiving any benefits.
- Tapas will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Tapas reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Tapas may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to 1900 Wyatt Drive Suite 7; Santa Clara, CA 95054-1529 or by email with the subject line "Copyright" to email@example.com in writing (see 17 U.S.C 512(c)(3) for further detail):
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification 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.
- Counter-Notice. If you believe that your Content that 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 the material in your Content, you may send a counter-notice by either of the methods outlined above (section XI, a) containing the following information:
If a counter-notice is received by Tapas, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Warranties and Disclaimers
- Other than as expressly set out in these terms or in additional terms, Tapas will not make any specific promises about the Service. For example, Tapas will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. Tapas provides the Service AS IS.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release Tapas and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
- Limitation of Liability
The Service will be governed, construed and interpreted under the laws of the United States. Members agree to be bound by these Terms of Service and by the decisions of Tapas, which are final. Tapas reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorized human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or Tapas otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, Tapas reserves the right to deny all benefits and obligations that We may have.
When permitted by law, Tapas will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Tapas, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
In all cases, Tapas will not be liable for any loss or damage that is not reasonably foreseeable.
For questions about these Terms of Service, please visit our FAQ or send an e-mail to firstname.lastname@example.org.