Terms of Service
- 1. Introduction
- 2. Account
- 3. Application Content License
- 4. General Prohibitions
- 5. Use of Account by Minors
- 6. Ownership
- 7. User Content
- 8. In-App Currency and Goods
- 9. Orders & Payments
- 10. Taxes
- 11. Protection of Personal Information
- 12. Termination of Accounts
- 13. Effects of Termination
- 14. Indemnification
- 15. Injunctive Relief
- 16. Limitation of Liability
- 17. Modification
- 18. Notice
- 19. No Assignment
- 20. General
- 21. Governing Law & Dispute Resolution
- 22. Contact
1. Introduction
1.1 This Terms of Service ("Agreement") is a legally binding agreement between Tap Vibes Media Limited ("TAP VIBES," "we," "our," or "us") and you ("you" or "User"). Please read these Terms carefully because they govern your access to and use of our Services, Application Content, and User Content (defined below) and are legally binding.
1.2 We provide our users with:
- (a) Applications for mobile devices, and web applications accessible on Third-Party Social Networking Services ("SNS") (collectively, as "Applications")
- (b) Game publisher networks, crowd sourcing services and platforms ("Networks") in connection with Applications and Third-Party Applications (defined below)
- (c) Web forums or messaging boards in Applications and our Sites (collectively, our "Forums")
- (d) Any and all of our Applications, Networks, Sites and Forums are referred to herein as our "Services"
1.3 User means an individual who registers for an account or otherwise uses or accesses the Services provided by us (the "User").
1.4 By making a registration or application for the Account, downloading the software of TAP VIBES App(s), playing the TAP VIBES App(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing any services provided by TAP VIBES, you are deemed to have read, understood, and accepted all the terms of this Agreement.
2. Account
2.1 In order to use our Services, you need to register to create an Account and become our "User".
2.2 You may establish an Account only if you are a natural person and an adult in your country of residence, and you are not an individual specifically prohibited by us from using the TAP VIBES Services.
2.3 You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence.
2.4 As legal guardian of a minor, in registering for an Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors.
3. Application Content License
Subject to your compliance with these Terms, TAP VIBES hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any Application Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Application Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by TAP VIBES or its licensors, except for the licenses and rights expressly granted by these Terms.
4. General Prohibitions
4.1 You agree not to do any of the following while using our Services, Application Content, or User Content:
- i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
- ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
- iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests of TAP VIBES or third parties;
- iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
- v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
- vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of the TAP VIBES Services and related contents for a commercial purpose;
4.2 TAP VIBES reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While TAP VIBES reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users, you are solely responsible for any interactions with other Users.
4.3 TAP VIBES reserves the right, at any time and without prior notice, to remove or disable access to any User Content that TAP VIBES, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
5. Use of Account by Minors
5.1 The application of this section is subject to the prevailing laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
5.2 You acknowledge that to create an Account, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction and that you are an adult in your country of residence.
5.3 To enter into this Agreement, you must be an adult of the legal age of majority in your country of residence. By accepting this Agreement, you acknowledge and affirm that you are of the legal age of majority in your country of residence.
6. Ownership
6.1 Except as expressly provided in these Terms, TAP VIBES and our licensors exclusively own all right, title and interest in and to the Services and Application Content, including all associated intellectual property rights.
6.2 You acknowledge that your use of the TAP VIBES Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to any in-game rewards, achievements, characters, Virtual Currency, levels and other content.
6.3 You agree that any or all of the TAP VIBES Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without TAP VIBES's express prior written permission.
7. User Content
7.1 "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to TAP VIBES or our agents.
7.2 TAP VIBES is not responsible for the conduct of any User who submits any User Content, nor is it responsible for monitoring the Services for inappropriate content or conduct.
7.3 When you use the Services, technology may monitor and/or record your interactions or communications with the Services. You hereby irrevocably consent to such monitoring and recording.
8. In-App Currency and Goods
8.1 The TAP VIBES Services may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. The TAP VIBES Services may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency.
8.2 Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country.
8.3 TAP VIBES reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion.
9. Orders & Payments
9.1 YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 13 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN.
9.2 For Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK): You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason.
10. Taxes
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
11. Protection of Personal Information
All the information collected from you is subject to Local Laws and TAP VIBES shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the TAP VIBES Services shall constitute your acceptance to the newly updated Agreement.
12. Termination of Accounts
12.1 Without limiting other remedies, TAP VIBES may at any time suspend or terminate your Account and refuse to provide access to our Services if TAP VIBES suspects or determines, in its own discretion, that you may have:
- (a) failed to comply with any provision of these Terms or any policies or Rules established by TAP VIBES; or
- (b) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Users, TAP VIBES or any other third parties or our Services;
13. Effects of Termination
13.1 Upon termination of your Account for any reason by you or us, you will lose all access to such account. Terminated Accounts cannot be reinstated.
13.2 You agree that TAP VIBES will not be required to issue refunds for any reason whatsoever, except in exceptional circumstances to be negotiated between you and TAP VIBES.