TAPPNPLAY, LLC Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS THE SITE OR REGISTER AS A MEMBER OF THE SITE. BY ACCESSING THE SITE OR REGISTERING AS A MEMBER OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING RESOLUTION OF DISPUTES THROUGH ARBITRATION. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern: (i) your use of the Website, (ii) use of the Facilities (as deﬁned in Section 6.1) to provide Content to other Members and Site Visitors; and (iii) your use of Content accessed through the Site. Please read these Terms carefully; they impose legal obligations on you and on TAPPNPLAY, and establish our legal relationship. By accessing our Website or registering as a Member of the Site, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. If you become a Member, during the registration process you will be prompted to click an “I Accept” button, which further conﬁrms your agreement to be legally bound by these Terms.
3. Our Website
We provide a range of features for our Members as follows:
3.1. Our Website
We provide our Members with access to an online social network, which is designed to allow them to ﬁnd and communicate with old and new friends, based on shared interests. Members use our Site primarily via Member “proﬁles,” which are personal web pages. As a Member, you can create a proﬁle and, subject to certain content-related, bandwidth, and ﬁle-size restrictions, and you can include in your proﬁle multimedia content including both photographs and a video (the “Proﬁle”). Other Members then use your Proﬁle to leave you messages (incorporating multimedia content, if they wish), to send you “instant messages,” and to share links to their own Proﬁles. Depending on the privacy controls you have set for your Proﬁle, you have the ability to “open” your Proﬁle not just to close friends, but to others, including all other Members.
Member exchanges via Proﬁles are supplemented by additional features of our Site, that allow Members to: (i) contribute to forums, stories, and group message areas, and (ii) utilize other facilities that we provide.
3.2. Additional Guidelines
TAPPNPLAY may post additional guidelines on its Website relating to your use of the Site and Facilities including, for example, your conduct while participating in a chat room. You agree to adhere to, and to be bound by, all guidelines that TAPPNPLAY chooses to post on the Website. In the event that there is a conﬂict between these Terms and any guidelines that we post on our Site, these Terms shall control.
4. Registration Process; Membership Types
4.1. Registration Process; Password
4.1.1. Registration Process
4.1.2 Membership Approval; Age and Identity Veriﬁcation
We maintain a robust process for verifying the age and identity of prospective Members, which includes the review and validation of your government-issued identiﬁcation and conﬁrmation that the government identiﬁcation is in the possession of, and belongs to, the prospective Member. Registration is subject to veriﬁcation of your age and identity, and otherwise subject to the approval of TAPPNPLAY at our sole discretion.
4.1.3. Protecting your Password
Please keep in mind that we will treat anyone who uses your password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your account. Therefore, we recommend that you maintain your password in conﬁdence and that you refrain from disclosing it to anyone who might “pretend” to be you with respect to the Facilities and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
4.2. Membership Types and Designations
4.2.1. Paid Members
After completing Registration and approval of your Proﬁle by Dashboard Hosting, which approval may be granted or denied in TAPPNPLAY’s sole discretion, you can opt to become a Paid Member by submitting payment to TAPPNPLAY pursuant to the guidelines posted on the
Site. Paid Members enjoy additional access to Content on our Site that is not available to Free Members.
TAPPNPLAY reviews all Party Information to ensure descriptions comply with these Terms, but otherwise does not manage, coordinate, sponsor or host such events. TAPPNPLAY reserves the right to post Party Information on the Site and on any of our aﬃliate Sites.
5. Billing and Refunds
6. Limited Grant of Rights; Proﬁle and Facilities
Our Website is designed to facilitate your interactions with other Members through the use of our Facilities and the creation of your Proﬁle. The following speciﬁc provisions govern the creation, use, and treatment of: (i) Member Proﬁles, (ii) our Facilities; and (iii) the Content.
To allow you to interact with other Members and to participate in our social community, TAPPNPLAY has made available to you a range of facilities that allow you to interact with other Members via the: (i) Proﬁle, (ii) video chatting, (iii) chat rooms, (iv) stories and blogs, (v) club (vi) instant messaging; and (viii) other facilities that we may make available from time to time (collectively, the “Facilities”). The Facilities format the Content, store the uploaded Content until it retrieves the Content at the request of Other Members, at which point the Facilities transmit the Content to the requesting Member.
Subject to review and approval by TAPPNPLAY, Members may post personal Visual Content which is only accessible to other Members who are aﬃrmatively given access from the uploading Member. Such Content is available via a gallery page (the “Gallery”). The Gallery is
intended to be a secure area in which uploaded personal Visual Content is accessed and viewed by other Members in a secure, non-downloadable format.
6.2. Privacy, Your Proﬁle, and Privacy Controls
To allow you greater ﬂexibility in the information you include in your Proﬁle, we provide you with privacy controls that allow you to control certain aspects of your Proﬁle. You may, for example, request that your Proﬁle be designated as “oﬄine” to our online community (our “Privacy Controls”). You may also “block” particular Members from accessing your Proﬁle or contacting you through the Site. In addition, you may designate Visual Content as: (i) public, (ii) private; or (iii) personal. Visual Content designated as “public” can be generally accessed by other Members and in some cases Visitors, Visual Content designated as “private” restricts those that may access your Visual Content, and Visual Content designated as “personal” is designated for your personal gallery only, which can only be viewed by those that you aﬃrmatively designate as having authorization to access personal Visual Content.
Please choose carefully the information you post on your Proﬁle, and that you provide or make available to other Members. Your Proﬁle is freely available to other Members, you MUST not include information in your proﬁle that personally identiﬁes you, such as your telephone number, street address, last name, email address, or any photograph or video that may allow other Members to determine your physical location. Additionally, link or references to other websites are forbidden in proﬁles.
6.3. Your Grant of Rights to TAPPNPLAY
TAPPNPLAY has established a host of Facilities to assist you in your eﬀorts to interact and share Content with other Members. This section outlines the rights that TAPPNPLAY has in the Content.
6.3.1. Visual Content
You grant to TAPPNPLAY, pursuant to your intellectual property rights, only those limited rights that are necessary for TAPPNPLAY to assist you in your posting of Visual Content using our Facilities and to enhance the experience that Members enjoy when accessing our Site. Please be aware that no compensation will be paid to you or any third party with respect to our use of your Visual Content under this grant.
6.3.2. Textual Content
You grant to TAPPNPLAY, pursuant to your intellectual property rights, a perpetual, non- exclusive, royalty-free, sublicensable right to use, copy, modify, adapt, display, perform, and distribute your Textual Content (the “Textual Content License”). TAPPNPLAY may, in its sole
discretion, provide attribution should it exercise any of its rights pursuant to the Textual Content License.
6.4. Formatting; Visual Content Compatibility
In order to maintain the eﬃcient operation of the Site, TAPPNPLAY implements certain format and ﬁle-size standards for Visual Content uploaded by Members. By submitting Visual Content to our Site, you authorize TAPPNPLAY to convert the submitted Visual Content into a format and size that is compatible with the Site’s requirements (“Visual Content Formatting”). Visual Content Formatting is done solely to ensure technical compatibility between the uploaded Visual Content and our Site and does not have an impact on the subject matter of the Visual Content.
6.5. Your Grant of Rights to Other Members and Site Visitors
You grant to other Members, under your intellectual property rights, the right to access and view Content that you have posted solely for their personal, non-public use. Subject to the limitations set out in Section 9.1 (Filters; Blocking and Removal of Content), you have the option of restricting this grant by identifying particular Visual Content as “private” or “personal,” which is designed to prevent other Members from being allowed to access or view Visual Content that has been uploaded onto the Site unless ﬁrst given permission by you. Please be aware that, depending on the Privacy Controls that you have selected, it may be possible for Site Visitors to view your Proﬁle or the Content that you have uploaded onto the Site. If your Privacy Controls are set to allow this, then you will be deemed to have granted Site Visitors the same rights granted to other Members pursuant to this Section 6.5 (Your Grant of Rights to Other Members and Site Visitors). Nothing in these Terms shall be construed as giving other Members any rights other than those explicitly stated in this Section 6.5 (Your Grant of Rights to Other Members).
6.6. Rights You Must Have in Your Content; Records
When you upload Content on our Site, you represent and warrant: (i) that you hold all rights needed to grant requisite rights under Section 6.3 (Your Grant of Rights to TAPPNPLAY) and Section 6.5 (Your Grant of Rights to Other Members and Site Visitors), (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under “fair use” principles), (iii) that each person depicted in images, video, or identiﬁed in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms, (iv) that you are responsible for managing and editing the Visual Content; and (v) that you have veriﬁed the identity and age of all persons depicted in your Content to ensure that all persons are adults and will maintain, if required by law, any records pursuant to 18 U.S.C. § 2257 for Content that you upload onto the Site. You should seek independent legal counsel if you have any questions as to the rights and obligations that you have pursuant to this or any other section.
6.7. Compliance with FOSTA
You represent and warrant that you will not use the Site to engage in any activity that (i) promotes or facilitates prostitution, (ii) facilitates traﬃckers in advertising the sale of unlawful sex acts with sex traﬃcking victims, or (iii) may violate the Allow States and Victims to Fight Online Sex Traﬃcking Act (“FOSTA”). You further represent and warrant that you will defend, indemnify, and hold Dashboard Hosting and its subsidiaries, aﬃliates, oﬃcers, directors, agents, and employees harmless for claims, including reasonable attorneys’ fees, arising from any claim alleging that you have (i) promoted or facilitated prostitution, (ii) facilitated traﬃckers in advertising the sale of unlawful sex acts with sex traﬃcking victims, and/or (iii) violated FOSTA.
6.8. Advertisements and Proﬁles
You represent and warrant that you shall not use your Proﬁle to: (i) advertise for, or make any reference to, any other website, (ii) sell any product or service, (iii) attempt to attract our Members or Visitors to any other website; or (iv) use any Textual Content for any commercial purpose.
6.9. Use of Proﬁles in Promotions
We believe that our Members’ own experiences on the Site can often act as the strongest promotion for the Site. To promote the Site, therefore, we may wish to post on our Home Page, and in other areas of the Site, Proﬁles and other Content of our Members. We assume that Members who choose not to employ our Privacy Controls to prevent this use are interested in (or do not object to) publicizing their Proﬁles and related Content, and you acknowledge that we will be entitled to use these Members’ Proﬁles and Content in connection with our advertisements and promotions for the Site.
6.10. Termination of Rights; Survival
TAPPNPLAY expressly disclaims ownership in all Visual Content. You can request, and TAPPNPLAY will remove within a reasonable time, the Visual Content that you post on our Site. Any rights that you grant to TAPPNPLAY, other Members, and Site Visitors in the Visual Content terminate upon your removal of the Visual Content from our Site. The Textual Content License continues in perpetuity.
7. TAPPNPLAY’s Grant of Rights to You
In this Section, TAPPNPLAY gives Members the rights and privileges that they will need to participate in our Website via the Facilities.
7.1. Rights to Access and Participate in Facilities
Subject to your compliance with these Terms, TAPPNPLAY grants to you the right to access the Facilities. TAPPNPLAY’s grant in the Facilities to you is limited to your personal use and solely to access the Content in connection with your rights and obligations set out in Section 6 (Limited Grant of Rights; Proﬁle and Facilities) and Section 7 (TAPPNPLAY’s Grant of Rights to You). The Website may not be used in connection with any commercial endeavor except (i) those commercial endeavors set out in these Terms, and (ii) other commercial endeavors that we speciﬁcally consent to in writing.
7.2. TAPPNPLAY Ownership; Reservation of Rights
TAPPNPLAY Content means all content available on or through the Website – other than Content – including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Facilities or the content (“TAPPNPLAY Content”). TAPPNPLAY and its licensors own all TAPPNPLAY Content. The TAPPNPLAY Content is protected by U.S. and international copyright, trademark, and other intellectual property laws, and TAPPNPLAY retains all rights with respect to the: (i) TAPPNPLAY Content, (ii) Website; and (iii) Facilities; except those expressly granted to you in these Terms. You agree not to use, duplicate, publish, display, distribute, modify, or create derivative works from TAPPNPLAY Content except as expressly allowed in Section 7.1 (Rights to Access and Participate in Facilities), unless speciﬁcally authorized in writing by TAPPNPLAY.
8. Code of Conduct
As a condition to your use of the Website, the Content, and the Facilities, you agree to comply with these Terms, and to follow our Code of Conduct as set out below. Under this Code, you will not: 8.1. Use the Site or upload, email or otherwise transmit any Content that promotes or facilitates human/sex traﬃcking, the exploitation of children, and/or nonconsensual activities or physical abuse, or that is intentionally false, defamatory, unlawfully threatening, unlawfully harassing, illegal, obscene, abusive, or otherwise in violation of any of the guidelines posted on our Site or in our Terms.
8.2. Attempt to solicit Members directly.
8.3. Disseminate Content or other materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identiﬁable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
8.4. Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. No material may be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justiﬁcation for the transmittal.
8.5. Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
8.6. Seek to use for ﬁnancial gain the Website, related computer facilities, or information available on the Website unless prior written authorization has been given by TAPPNPLAY.
8.7. Use the Website, or anything available on the Website, to artiﬁcially generate traﬃc or page links to a website or for any other purpose not expressly allowed under these Terms.
8.8. Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations, forwarding chain letters, and sending “spam” email.
8.9. Seek to obtain access to any materials or information through “hacking,” “scraping,” or through other means we have not intentionally made available to you through the Website.
8.10. Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Facilities, or Content to violate any law, statute, or regulation.
8.11. Use any Member email address obtained from our Site for any purpose other than as directed by that Member. Notwithstanding the foregoing, under no circumstances including, but not limited to, direction by said Member, shall you use any email address to send advertisements or other solicitation to our Members.
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that TAPPNPLAY does not endorse the Content accessed through our Facilities. When you use our Facilities, you do so at your own risk, and we expressly disclaim responsibility for the Content accessed through these Facilities.
9. Monitoring of Facilities; Removing Postings
We provide the Site as a space for open-minded people to meet like-minded individuals across the entire spectrum of non-traditional relationships. We expect each user of our Site to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of Members from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct.
9.1. Filters; Blocking and Removal of Content
TAPPNPLAY has implemented speciﬁc guidelines for the subject matter that can be depicted in the Content that you upload or transmit via the Site and all Content is reviewed and ﬁltered by D TAPPNPLAY, before it is made available on the Site, to ensure that it complies with these Terms and the guidelines provided (see our Help menu) and that Visual Content is placed in the correct section (personal, private, public) on the Member’s Proﬁle. Nothing in this Section 9.1 (Filters; Blocking and Removal of Visual Content) is to be construed as absolving you of your obligations pursuant to Section 6.6 (Rights You Must Have in Your Content; Records). Except as provided in these Terms, TAPPNPLAY has no, and assumes no responsibility for the Content that you have uploaded onto the Website.
We also employ ﬁlters designed to detect and block the transmission of Content and messages that contain inappropriate or unauthorized content. We reserve the right refuse to post or remove any Content, information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with these Terms or our Members’ experience on the Site.
9.2. Reports and Complaints
If you believe that a Member or other user has acted inappropriately, or to report Content on the Site posted without consent of depicted individuals, or Content that otherwise does not comply with these Terms, please contact us via email at email@example.com or in accordance with Section 25 (Contact Us).
If the Member who posted the Content in question cannot establish valid consent to our sole satisfaction, or if the person depicted in the Content can demonstrate that consent was void under applicable law, we will promptly remove such Content. We will otherwise investigate all reported Content and complaints within seven (7) business days and determine whether to remove or block access to Content that does not, in our sole discretion, comply with these Terms or other applicable Content guidelines, or to take action with respect to the person or persons responsible for posting the reported Content or acting inappropriately. We further have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content at any time, with or without notice, and without liability in order to ensure compliance with our Terms and our posted guidelines.
9.3. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your Member account or block your access to our Site or to certain Facilities if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms. In the event that TAPPNPLAY terminates a paid account, all membership fees paid up to the date of termination are nonrefundable.
9.4. Member Disputes
You are solely responsible for your interaction with other Members, both online or oﬄine. We may monitor disputes between you and other Members, but we have no obligation to become involved. If you have a dispute with one or more Members, you release TAPPNPLAY (and our oﬃcers, directors, agents, employees, subsidiaries, and aﬃliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Privacy and Your Disclosure of Information via Our Facilities
We allow certain companies to place links on our Site. Although we have selected these companies, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with these companies, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the company, and you agree that TAPPNPLAY shall not be responsible or liable for any loss or damage incurred as the result of your dealings with said companies or as the result of the presence of said companies on our Site.
The Website may contain links or references to third party websites. TAPPNPLAY has no control over these third-party sites or their content and does not assume responsibility or liability for any content, opinions, or materials and products available on them. TAPPNPLAY does not endorse the content of any third-party site, nor does TAPPNPLAY warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other web- access device. If you link to any third-party site through our Site, please be aware that you are doing so at your own risk.
12. Technical Restrictions; Remedies
You must respect our ﬁle size, bandwidth and storage limitations for Content you submit and the Proﬁle you create. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we ﬁnd it necessary (in our discretion), to delete or change a Member’s username and URL address, and to restrict the number of emails which a Member sends to other Members in any 24-hour period, if we believe, in our discretion, that the volume of email is too large.
13. Warranty Disclaimer
DASHBOARDHOSTING DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE CONTENT, FACILITIES, AND FEATURES OFFERED ON OUR SITE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. THE SITE, AND ALL OF THE PROGRAMS AND FACILITIES ON THE SITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DASHBOARDHOSTING DOES NOT WARRANT OR REPRESENT THAT THE SITE, ANYTHING YOU DOWNLOAD FROM THE SITE (as applicable), OR SENT TO YOU BY A MEMBER, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DASHBOARDHOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
Please consider maintaining back-up copies of your Content.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL DASHBOARDHOSTING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, ITS PROGRAMS, SERVICES, CONTENT, PROMOTIONAL ITEMS, OR GIVEAWAYS, EVEN IF DASHBOARDHOSTING IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DASHBOARDHOSTING’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO, OR ARISING OUT OF, THE SITE, FACILITIES, OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED $100.00.
YOU MAY CHOOSE TO ENGAGE IN OFFLINE ACTIVITIES WITH MEMBERS FROM OUR SITE. WHILE WE DO REVIEW PARTY INFORMATION POSTED ON THE SITE TO ENSURE IT COMPLIES WITH OUR TERMS, YOU OTHERWISE ACKNOWLEDGE THAT DASHBOARDHOSTING MAKES NO WARRANTS WITH RESPECT TO ANY MEMBER, ANY INFORMATION PROVIDED BY ANY MEMBER ON THE WEBSITE, OR ANY INFORMATION REGARDING PARTIES. YOU AGREE TO RELEASE AND HOLD DASHBOARDHOSTING HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, OR PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE ACTIVITIES.
You agree that you will be responsible for any damages resulting from your violation of these Terms. You agree to defend, indemnify, and hold TAPPNPLAY and its subsidiaries, aﬃliates, oﬃcers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to: (i) your breach of these Terms; (ii) your activities in connection with the Website, including any violation of any law or the rights of any third party that occurs in connection with your use of the Site or Facilities; or (iii) Content or any other information that you provided to TAPPNPLAY though the Site.
16. Contact for Alleged Copyright Infringement
TAPPNPLAY respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a “Work”), please notify our us,
17. Additional Terms for Certain Facilities or Sites
We may oﬀer certain programs or facilities on our Website that are subject to additional or diﬀerent terms and conditions. We will notify you if the program or facility you are using on the Website is subject to terms and conditions that diﬀer from these Terms, and you may decline to participate in such programs or facilities if you do not agree with the diﬀering terms and conditions.
18. Modiﬁcations to these Terms
We reserve the right to modify or update these Terms in our sole discretion. Any changes to the Terms will take eﬀect proactively, upon your subsequent access to the Website.
These Terms shall not be assignable by you, either in whole or in part. TAPPNPLAY reserves the right to assign its rights and obligations under these Terms.
20. Governing Law; Arbitration and Class Action Waiver (PLEASE READ CAREFULLY)
These Terms shall be governed in all respects by the laws of Florida without giving eﬀect to its conﬂicts of law provisions. Excluding disputes addressed through arbitration as provided below, you submit to the personal jurisdiction of, and venue in, the state and federal courts in New Jersey, in the judicial district that includes Ocean County and you agree to waive any right of removal or transfer whether due to forum non conveniens or other reason.
Excluding claims for injunctive or other equitable relief, any dispute or controversy arising out of or relating to your use of the Site or these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by ﬁnal and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration
Rules & Procedures then in eﬀect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in the state of New Jersey or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The decision of the arbitrator will be ﬁnal and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep conﬁdential all awards in their arbitration, together with all conﬁdential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The waiver by TAPPNPLAY of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. Headings are for reference purposes only and in no way deﬁne, limit, construe, or describe the scope or extent of such section. TAPPNPLAY’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The facilities of TAPPNPLAY and our Website are available only where permitted by law. By using our Site, you warrant that the laws of your particular jurisdiction do not prohibit your activities or your use of our Site. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between TAPPNPLAY and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
21. Duration of Rights
You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Facilities, or (ii) your password is revoked or suspended for misconduct, as set out in Section 9.3 (Revocation or Suspension of Use Privileges).
22. Duration of Terms; Survival
The following provisions shall survive the termination of these Terms and shall apply indeﬁnitely:
Section 6.9 (Termination of Rights; Survival); Section 7.2 (TAPPNPLAY Ownership; Reservation of Rights); Section 13 (Warranty Disclaimer); Section 14 (Limitation of Liability); Section 15 (Indemnity) Section 19 (Assignment); Section 20 (Governing Law; Arbitration and Class Action Waiver); Section 22 (Duration of Terms; Survival).
Terms not otherwise deﬁned herein have the following meaning:
24.1. “Content” shall mean both Textual Content and Visual Content.
24.2. “Member” shall mean collectively:, Paid Members,, or any combination of (i)-(iv) as the context permits.
24.4. “Privacy Controls” shall mean the options that Members have to protect the information that they provide to the Website. For a detailed discussion of your Privacy Controls, please refer to Section 6.2 (Privacy, Your Proﬁle, and Privacy Controls).
24.5. “Registration” shall mean the process by which a user of our Site becomes a Member. For a detailed explanation of this process, please see Section 4 (Registration Process; Membership Types).
24.6. “Textual Content” shall mean and include: (i) text-based information that is posted on a Member Proﬁle, (ii) text-based information regarding Party Information, (iii) forum postings, (iv) communications and messages sent from Members of our Site to other Members, (v) any story submissions, (vi) statements made while participating in a chat room; and (vii) any feedback about our Site and Facilities.
24.7. “Visual Content” shall mean: (i) photographs, (ii) visual depictions; and (iii) videos; that are uploaded or otherwise made available on our Site.
25. Mobile App User-Generated Content Policy
User-generated content on the TNP Oﬃcial app must not contain nudity. All images uploaded to your proﬁle are reviewed and will be removed if they do not follow these rules. If you want to report user content that is not following these rules, please submit a screenshot of the content using the in-app support tab.
26. Contact Us
If you have any questions, please contact us via email at firstname.lastname@example.org or certiﬁed mail at:
P.O. Box 223847
Hollywood, FL. 33022.
These terms were last updated on January 27, 2023.
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