We, the folks at Tappla, run a service called Tappla.com and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your TV and mobile applications as possible and encourages you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your apps. If you find a Tappla app that you believe violates these Terms of Service, please send us a note to support [at] tappla.com
Terms of Service:
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services. If these terms and conditions are considered an offer by Tappla, acceptance is expressly limited to these terms. Our Services are not directed to persons younger than 18, and access and use of the Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use the Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older. Use of the Services requires a Tappla.com account. You agree to provide Tappla with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1.1 Your Tappla Account and App. If you create a TV or mobile application with Tappla.com, you agree to be fully responsible for maintaining the security of your account and blog, as well as for all activities that occur under the account and any other direct or indirect actions taken in connection with the app. You must immediately notify Tappla of any unauthorized uses of your app, your account, or any other breaches of security. Tappla will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
1.2 Responsibility of Contributors. If you operate a mobile or TV application, post material to these applications, post links on these applications, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content or your conduct. Tappla considers such Content as non-confidential and non-propriety. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Tappla, you represent and warrant that your Content and conduct do not violate this Agreement or the User Guidelines. By submitting Content to Tappla for inclusion on any applications provided by Tappla, you grant Tappla a perpetual, fully paid-up, unrestricted, irrevocable, world-wide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your mobile or TV application. If you delete Content, Tappla will use reasonable efforts to remove it from your application, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Tappla has the right (though not the obligation) to, in Tappla’s sole discretion, (i) refuse or remove any content that, in Tappla’s reasonable opinion, violates any Tappla policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Tappla to any individual or entity for any reason. Tappla will have no obligation to provide a refund of any amounts paid by the respective user.
You warrant that you have or have been granted the right to use any materials or Content in connection with using the Services. You hereby agree at your own expense to defend or, settle, any claim or action brought against Tappla its contractors, licensors, and their respective directors, officers, employees, and agents to the extent it is based on a claim that the Content, infringes any patent, copyright, or any trade secret of a third party. Furthermore, you will indemnify and hold Tappla harmless from and against damages, costs and fees reasonably incurred (including reasonable attorneys’ fees) that are attributable to such claim or action.
1.3 Attribution. Tappla reserves the right to display attribution links such as ‘Powered by Tappla.com,’ theme author, and font attribution in your app footer or toolbar. Footer credits and the Tappla.com toolbar may not be altered or removed regardless of upgrades purchased.
1.4 Payment and Renewal.
1.4.1 General Terms. Tappla offers different levels of paid services (any such services, a “Plan”). By signing up for a particular Plan, you agree to pay Tappla the monthly or annual subscription fees indicated for that particular level of service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. Tappla offers refunds up to thirty (30) days after payment.
1.4.2 Automatic Renewal. Unless you notify Tappla before the end of the applicable subscription period that you want to cancel a Plan, your subscription will automatically renew. If Tappla changes pricing for a Plan to which you are subscribed, Tappla will notify you before your subscription is set to renew. You authorize Teppla to charge any then-applicable fees to your credit card or other payment method Tappla has on file for you. Plans can be cancelled at any time by contacting customer support at support [at] tappla.com. Payment failures will result in the cancellation of your Tappla Plan.
2. Responsibility of Visitors.
Tappla has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and is not responsible for that material’s content, use or effects. By operating the Services, Tappla does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tappla disclaims any responsibility for any harm resulting from the use by users of the Services, or from any downloading by those user of content there posted.
3. Content Posted on Other Websites and Services.
Tappla has not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Tappla applications and websites links, and that link to Tappla.com. Tappla does not have any control over those non-Tappla services, websites and applications, and is not responsible for their contents or their use. By linking to a non-Tappla services, website and application, Tappla does not represent or imply that it endorses such website or application. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tappla disclaims any responsibility for any harm resulting from your use of non-Tappla services, websites, webpages and applications.
4. Copyright Infringement and DMCA Policy.
As Tappla asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tappla.com or any Tappla mobile or TV application violates your copyright, you are encouraged to notify Tappla in accordance with Tappla’s Digital Millennium Copyright Act (“DMCA”) Policy. Tappla will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tappla will terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tappla or others. In the case of such termination, Tappla will have no obligation to provide a refund of any amounts paid to Tappla.
5. Intellectual Property.
This Agreement does not transfer from Tappla to you any Tappla or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Tappla. Tappla, Tappla.com, the Tappla.com logo, and all other trademarks, service marks, graphics and logos used in connection with Tappla.com or the Services, are trademarks or registered trademarks of Tappla or Tappla’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Tappla or third-party trademarks.
6. Terms and conditions of third-party app store providers
Tappla works with Apple, Google and other third-party app store providers in order to submit and publish Tappla user apps to the app stores of those providers. When you sign-up on Tappla, you become bound by those provider’s terms and conditions in addition to this Agreement. Depending on the app you choose, you are bound by Apple’s Program License Agreement (PLA), Human Interface Guidelines (HIG) and / or any other licenses or contracts that those app store providers require for your app approval in the respective app store. These third-party app store providers’ terms are incorporated by reference into this Agreement. If you are unsure which agreement(s) apply to you, contact Tappla at support [at] tappla.com
Tappla is constantly updating its Services, and that means sometimes Tappla has to change the legal terms under which the Services are offered. If Tappla makes changes that are material, Tappla will let you know by posting on one of its blogs, or by sending you an email or other communication notice before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with the changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Agreements (including the binding individual arbitration clause) that were in place when the dispute arose.
Tappla may terminate your access to all or any part of its Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tappla account (if you have one), you may have to cancel your Plan. Tappla can terminate immediately as part of a general shut down of the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. DISCLAIMER OF WARRANTIES.
OUR SERVICES ARE PROVIDED “AS IS”. TAPPLA AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER TAPPLA NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK. TAPPLA SHALL NOT BE LIABLE TO THE EXTEND A CLAIM REGARDING THE USE OF THE SERVICES IS BASED UPON OR ATTRIBUTED TO MODIFICATIONS MADE BY YOU TO THE SERVICES OR PARTS THEREOF, AND/ OR SUCH CLAIM WOULD HAVE BEEN AVOIDED BY USING THE THEN-CURRENT RELEASE OF THE SERVICES.
10. LIMITATION OF LIABILITY.
EXCEPT FOR BODILY INJURY, DEATH, DEMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY OR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE IN NO EVENT WILL TAPPLA, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, DOWNTIME COSTS, PUNITIVE OR EXEMPLARY OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR TYPE OF DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO TAPPLA UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. TAPPLA SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. GENERAL REPRESENTATION AND WARRANTY.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TAPPLA, ITS CONTRACTORS, AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.
This Agreement was originally written in English (US). Tappla may translate these terms into other languages. In the event of a conflict between a translated version of this Agreement and the English version, the English version will control.
This Agreement constitutes the entire agreement between Tappla and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tappla, or by the posting by Tappla of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Munich, Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Munich, Germany. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Munich, Germany, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to a third party without prior written approval by Tappla; Tappla may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Online dispute resolution for European customers
If you live in the EU you can use the Online Dispute Resolution platform provided by the European Commission to reach an out-of-court settlement. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).