Terms of Use

TERMS AND CONDITIONS OF USE
for TAP IP LLC website
(www.TAPinto.net)

LAST UPDATED:  February 27, 2019

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE USING THIS WEB SITE. By continuing to access or use the website (the "Site"), or any service on the Site, you signify your acceptance of the TERMS. From time to time, TAP IP LLC, hereinafter referred to as TAP ("TAP") may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using the Site. We will make every effort to notify users of material changes by posting updates prominently and contacting registered users by email. Your use of the Site, or any service on the Site, after the posting of modifications to the TERMS, will constitute your acceptance of the TERMS, as modified. If at any time you do not wish to accept the TERMS, you may not use the Site. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by TAP and shall be of no force or effect.

User Representations. In using the Site, you represent, warrant and agree that you have read and agree to be bound by the TERMS and shall: (i) comply with U.S. law regarding the transmission of any data obtained from the Site in accordance with the TERMS; (ii) not to use the Site for illegal purposes or in any way that may cause harm to any person or business entity; and (iii) not interfere with or disrupt networks connected to the Site.

Additional User Representations. By using the Site, you represent, warrant and covenant that you: (i) are over the age of 13; (ii) have the power and authority to enter into this Agreement; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Site only as set forth in these TERMS.

If you are under the age of 13, you may not use the Site.

Intellectual Property. The Site, including but not limited to text, content, photographs, video, audio and graphics contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All text and other content, including articles, columns, graphics and other elements of the Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site, in accessing or using any such Submission. The reproduction, distribution, transmission, display, or use of this Site and any content is prohibited without the prior written consent of TAP.

Submissions.

You hereby grant to TAP the right and license use, reproduce, print, publish, broadcast and rebroadcast, edit, modify, or otherwise alter or create derivative works from all Submission submitted to TAPinto.net, including all words, images and photographs, videos and other content (collectively, the “Submissions”) on or in the TAP websites, social media pages associated with TAP, and in any and all media now known or developed in the future, as well as all  types of advertising and promotion or any other lawful purpose of TAP, in TAP’s discretion.

User hereby waives all rights of publicity, privacy, or related rights in connection with the use of the Submissions and/or User’s name, likeness, image in connection with the Site.

TAP is not responsible for the accuracy of User’s Submissions or the truthfulness of any listed credentials.  TAP reserves the right to review, edit, remove or refuse to post any User Submissions, in its discretion.

TAP may modify any Submissions submitted by Users.  For example, TAP reserves the right to print only excerpts of articles, and make typographical and related changes, in its discretion.   TAP reserves the right to remove any sales or advertising language from any Submission.  TAP is under no obligation to publish any Submissions submitted by a User. 

In connection with Submissions, User represents, warrants and agrees that User has the necessary rights, consents, licenses, and permissions to reproduce, distribute, publicly perform, publicly display, communicate to the public, and otherwise use and exploit (and allow TAP to use and exploit in any media now known or hereafter created) such Submissions and TAP will not be required to obtain any licenses or permissions from, or pay any third party for use of such Submissions.

 

Digital Millennium Copyright Act. 

TAP, pursuant to the Digital Millennium Copyright Act, designates ­ Eric Levine to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on this Site in a way that constitutes infringement, you may notify TAP by providing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located;
  4. Your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

                     

Mr. Levine can be reached via e-mail at copyright@tapinto.net. TAP may terminate the account and access rights of any repeat infringer of intellectual property rights.

If you believe that a DMCA notice has been submitted against you improperly, you may submit a Counter-Notice, pursuant to Sections 512(g) of the Digital Millennium Copyright Act.

Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Site (the "IP Rights") shall, as between you and TAP, at all times be and remain the sole and exclusive property of TAP.

Restrictions on Use. You agree not to use, transfer, distribute or dispose of any information contained on the Site for any commercial purpose. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by TAP and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of TAP and others. TAP reserves the right to refuse publication should any column, post or letter to the editor be defamatory, violate the privacy rights of an individual, or contain unsubstantiated personal or political attacks.

Disclaimer and Limitation of Liability. You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that TAP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. You agree that TAP, its suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of TAP, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Site; (ii) any fault, inaccuracy, omission, delay or any other failure in the Site; or (iii) any reliance upon the content of the Site. The content of other websites, services, goods or advertisements that may be linked to the Site is not maintained or controlled by TAP. TAP is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Site. TAP does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site; or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Site. You understand that TAP and/or any suppliers may choose at any time to inhibit or prohibit their content from being accessed under the TERMS.  You understand that TAP reserves the right to monitor and remove content that it may deem inappropriate.  You understand that TAP does not have the obligation to monitor and remove any objectionable content at any time.

TAP is not responsible for typographical errors or omissions, including those relating to pricing, text or photography. While TAP attempts to make your access and use of the Site and services safe, TAP cannot and does not represent or warrant that the Site and its content are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TAP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TAP FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify and hold harmless TAP, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) including, without limitation, any actual or threatened suit, demand or claim made against TAP and/or its independent contractors, service providers, employees, directors or consultants, which may arise out of or are in any way connected with your access, visitation and/or use of the Site, unauthorized use of content obtained on or through the Site, breach or alleged breach of the TERMS, breach of your representations and warranties, or from any of your acts or omissions in connection with the Site.

Termination. You may terminate this Agreement by discontinuing use of the Site and destroying all Submissions obtained from the Site. This Agreement will terminate immediately without notice if TAP determines, in its sole discretion, that you have failed to comply with any provision of these TERMS. TAP may terminate your access to all or any part of Site at any time, with or without cause or notice, effective immediately.    Such termination may result in the removal of all your Submissions and other information associated with your use of the Site.  

Privacy. Your privacy is important to TAP. TAP's privacy policy is set forth on the separate document on the Site entitled "Privacy Policy."

Links. The Site may contain links to other Internet sites on the World Wide Web. TAP provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that TAP approves of, endorses or recommends that website. TAP disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website. You hereby agree that your access and use of any additional site material, including information, material, products or services contained therein, is solely at your own risk.

Miscellaneous. If any provision of these TERMS is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these TERMS.  The section headings are for reference and the convenience of the readers and shall not constitute part of these TERMS for interpretation purposes. These TERMS (and the other TAP agreements referenced above) constitute the entire and only agreement between you and TAP and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof. The failure to enforce any provision of these TERMS shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that all notices, disclosures, and other communications that TAP provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.

Changes to Site. You acknowledge that TAP has the right to change the content, features or technical specifications of the Site at any time at TAP's sole discretion. You further accept that such changes may result in your being unable to access the Site.

Governing Law. These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of New Jersey, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Union County, New Jersey, with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.

The Site is controlled and offered by TAP from the United States of America. TAP makes no representations that the Site is appropriate or available for use in other locations. Users who access or use the Site from other jurisdictions do so at their own risk and must at all times comply with local law, including but not limited to the export and import regulations of other countries.

If you do not agree to the terms and conditions herein, YOU MAY NOT use this Site.