Agreement
This terms of use Agreement (the “Agreement”) is between you (the “User”) and Tapnbe Inc. (“Tapnbe”) and governs use of the Tapnbe mobile applications (the “Apps”), web applications (the “Apps”) and websites. Apps and websites include but are not limited to tapnbe.com and all of its subdomains, including my.tapnbe.com and android and iOS mobile Apps. By installing our mobile Apps or using our web Apps and websites, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you must immediately uninstall the mobile App and discontinue its use and discontinue use of our web Apps and websites. The continued use of the Apps and/or websites signifies your continued acceptance of these terms and any changes to them.
As a condition of your use of the Apps and websites, you will not use the Apps or websites for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
Privacy
Tapnbe may collect and use information about your usage of the Apps or websites, including certain types of information from and about your device. Tapnbe may use this information as outlined in our Privacy Statement which is available on our site found here: Tapnbe Privacy Statement.
Age Restrictions
Only individuals thirteen (13) years of age or older may use Tapnbe web and mobile Apps. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should your parent or legal guardian not acknowledge and agree to these Terms, you must immediately uninstall the App and discontinue its use and use of our web Apps.
Applicable Law
You agree that the laws of the Province of Nova Scotia Canada govern any use of the Apps or websites, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of the Apps or websites or material from the Apps or websites. The courts of the Province of Nova Scotia shall have exclusive jurisdiction over all claims.
Severability
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
Limited License
Tapnbe grants you a limited, non-exclusive, non-transferable, revocable license to use our mobile and web Apps for personal and commercial purposes. You may only use the mobile App on Android and Apple devices that you own or control and as permitted by the respective App Store Terms of Service. Tapnbe reserves the right to limit the amount of interactions with its Apps or websites.
Tapnbe may revoke your license to use our Apps and/or delete your user account if any of the terms and conditions of this agreement are violated.
Third-Party Content
News, events, and site information presented within our Apps and websites is provided by the official agent for clients of Tapnbe. The User agrees to indemnify and hold harmless Tapnbe from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to content uploaded by a third party.
Linked Content or Websites
Tapnbe has not reviewed any or all of the content that may be linked or uploaded to this site and is not responsible for any sites linked to this site. Your linking to any content or sites from our Apps or websites is at your own risk. By linking to content or a website or permitting a link to our Apps or websites, Tapnbe does not endorse the site operator or the content of the linked site.
Content Submitted By User
You are prohibited from using this site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. Tapnbe may from time to time monitor or review material transmitted or posted using this site and reserves the right to delete any material the company deems inappropriate. Tapnbe is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this site. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Tapnbe for all claims resulting from content you supply.
Indemnification
The User agrees to indemnify and hold harmless Tapnbe, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Applications, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Tapnbe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
No Warranties
Tapnbe is providing our mobile and web Apps and content to the user “AS IS” and “AS AVAILABLE” without any warranties or representations, expressed or implied. The User uses the Apps at his or her own risk. To the fullest extent allowable under applicable law, Tapnbe disclaims all warranties, whether express or implied, including any warranties that the application is reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws, or that user information transmitted in connection with the application will be successfully, accurately, or securely transmitted.
No Liability
To the fullest extent allowable under applicable law, in no event shall Tapnbe or its agents or anyone involved in creating or providing the Apps , websites or content (A) be liable to the User with respect to use of the Apps and websites; and/or (B) be liable to the User for any direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft, corruption of user information, the inability to use the application, or device failure or malfunction. The User’s sole remedy is to cease use of the APP and websites. Tapnbe, its agents and anyone involved in creating or providing the App or content shall not be liable even if any of them or any authorized representative of them has been advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Tapnbe, its agents or anyone involved in creating or providing the App or content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Applications.
Trademarks & Ownership of Intellectual Property
Our Apps and websites contain many of the valuable trademarks, names, product designs, copyrights and other proprietary material owned and used by Tapnbe Inc. These items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Tapnbe.
The Trademarks on this web site are protected from copying or reproduction under national and international trademark and copyright laws and nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Therefore the use of the Trademarks is strictly prohibited.
All rights reserved.
Third Party Beneficiary
User agrees that Tapnbe service providers, licensors, or others involved in creating or providing the Apps are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
Maintenance and Support
Tapnbe does provide minimal maintenance or support for our Apps and websites but not to the extent that any maintenance or support is required by applicable law.
Modification of these Terms
Tapnbe reserves the right to change or modify these Terms or any other terms, conditions, or policies related to use of the Apps or websites (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Tapnbe website (https://www.tapnbe.com/terms-of-use) or within the Apps. Continued use of the Apps or websites following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Tapnbe shall have any legal effect as a waiver by Tapnbe of any Terms of this Agreement.