TERMS OF USE

Effective as of: January 1, 2020

Welcome to TapTok! Please read these Terms of Use carefully before using or obtaining any content, product or services through our website (defined below), as they contain important information, including information about limitations of liability and resolution of disputes through arbitration rather than in court.

By accessing, using, or obtaining any content, product, or services through the Service (defined below), you agree to be bound by these Terms of Use, our Privacy Policy, Terms of Sale, Returns and Refunds Policy, Warranty Policy, and any other legal terms or policies that may be displayed on the Website (collectively “Legal Terms”). If you do not accept all of these Legal Terms, then please do not use the Service.  You should visit this page from time to time to review the then-current Legal Terms because they are binding on you.

We may change, revise, or add to these Legal Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Legal Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of conspicuous notice or any modification will indicate that you have agreed to be bound by those Legal Terms. Your use of the Service will be subject to the Legal Terms in effect at the time of your use.

1. DEFINITIONS

In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.

Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service.

TapTok”, “we”, “us” or “our” refers to TapTok INC USA.

Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.

Service” means the Website, Content, and other products and services (ability to post comments, ask questions...) provided by TapTok.

User” or “Users” or “you” or “your” refers to the individual(s) visiting or using the Website.

Website” means the website located at  TapTok.co.

2. GENERAL TERMS

2.1 CONDITION OF USE

As a condition of your use of the Service, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use the Service in accordance with these Terms of Use;
  4. you will only use the Service in accordance with applicable laws;  
  5. all information that you will supply to the Service will be true, accurate, current and complete; and
  6. if you have a TapTok account (e.g. a customer account or a registered user account) you will safeguard your account information and will supervise and be fully responsible for any use of your account by you and anyone other than you.

2.2 MODIFICATIONS TO THE SERVICE

TapTok reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

2.3 ACCOUNT REGISTRATION

You are free to use the Service without providing us with information that may identify you specifically. You can also elect to register on our Website to take advantage of our offers or promotions.

To use the Website to purchase any of our products or services, you will be asked to provide certain registration details and other information. TapTok can provide you with proper service only if all the information you provide when registering on the Website or filling out our forms is correct, current and complete.

2.4 ONLINE PURCHASE AND TERMS OF SALE

The Website allows you to make online purchases of our products or services. All purchases through our Website or as a result of visits made by you are governed by our Terms of Sale, Returns and Refunds Policy, and Warranty Policy, which are hereby incorporated into these Terms of Use. Please review these documents carefully, as they are binding on us and on you.

Example of our sales terms in documents include:

2.4 ERRORS, INACCURACIES, AND OMISSIONS

The Website may contain typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or product availability. TapTok reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.

2.6 ACCURACY OF BILLING AND ACCOUNT INFORMATION

In using the Service you agree to provide current, complete and accurate billing and account information for all purchases that you make. You agree to promptly update your account information, including your email address, credit card number(s) and expiration date(s), so that TapTok can complete your transactions and contact you if required to do so.

2.5 TERMINATION

The Service is provided free of charge to you.  TapTok reserves the right to suspend or terminate the operation of, or access to, all or any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access and use to all or any part of the Service at any time in our sole discretion.

2.6 SURVIVAL OF TERMS

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions survive any termination.

3. PRIVACY AND ACCOUNT SECURITY

3.1 PRIVACY

TapTok’s Privacy Policy explains how we treat our users’ personal information. Your use of the Service is subject to our Privacy Policy.  

3.2 ACCOUNT SECURITY

If you choose, or are provided with, a user name, password or any other piece of information for the creation of a user account, you must treat such information as confidential. You must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Website using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer or Internet connection so that others are not able to view or record your password or other personal information.

You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You are solely responsible for any purchase, or any other activity made under your user name/password unless you have previously notified us of this loss or compromise.

4. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using this Website or its content:

Additionally, you agree not to:

5. DEPOSIT OF CONTENT ON THE SITE

5.1 In order to facilitate interaction between users, this website can offer some services for depositing content on its site. For the purposes herein, is defined as "Content" any element submitted by the User on the Site, such as text, comment, picture, photo, video, or any type of file regardless of the content or form.

 5.2 The User is responsible for anything that may happen in his name and for his computer terminal. The User undertakes to notify the Site immediately, in the event that it has reason to believe that his nickname or e-mail address is or may be known by an unauthorized person to use. The Site disclaims any responsibility for the use of personal data of a user by an unauthorized third party. 

5.3 The Website may only be used for personal and not commercial use. The User may not in any case provide commercial information or carry out any business on the Site, in any manner whatsoever and for any purpose whatsoever. 

6. INTELLECTUAL PROPERTY RIGHTS

6.1 OWNERSHIP RIGHTS

TapTok and its licensors own all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.

6.2 LICENSE

Subject to your compliance with these Legal Terms, TapTok grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service only for your personal use and not for any commercial purpose.  TapTok reserves all rights not expressly granted.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any of Service. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.

If you wish to use any part of the Service other than as set out in this section, please address your request as indicated in the How to Contact Us section.

If you infringe this section, your right to use the Website will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the content that you have made.

6.3 TRADEMARKS

The Marks that are displayed on the Service are registered or unregistered Marks of TapTok, its affiliates or licensors. You may not use such Marks without the prior written permission of TapTok. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are subject to their respective trademark policies.

6.4 COPYRIGHT INFRINGEMENT

All content can be published by you (including text, comments, files, images, photos, videos, work, etc ...), possibly subject to property rights, intellectual property rights, image rights or other private law remain the property of the user, subject to limited rights granted by the license set forth below in TapTok or application, in each case, other special conditions previously accepted for specific services potentially available on sites TapTok. Users are free to publish or not publish such Content on the Site including via the service "photo sharing" and accept that these contents become public and freely accessible on the Internet in particular. They accept that this Content can be used by the TapTok into some commercial communications. 

They acknowledge, agree and guarantee to have all necessary rights and authorizations for such publication on the Site, including under the legislation in force and the right to respect for private life, property, property intellectual, like, contracts or any other kind. By such a publication on the Site, users are aware of potential liability as a publisher of content within the meaning of the law, and agree on said Content, for the duration of publication, TapTok, a non-licensed exclusive, free, worldwide, including the rights of reproduction, representation, loading, displaying, running, transmission, storage, and sublicense, including its subsidiaries, technical and other partners Users site. 

Users also allow their name to be associated with the content and accept that this association is not always done.

Their publication, Users can authorize a content automatically become available on the internet, including on other websites and / or blogs and / or web pages including TapTok pages including social networking site of TapTok or site users TapTok can share some content.

6.5 SUBMISSIONS POLICY

TapTok does not accept any unsolicited submissions regarding new or improved products. We will treat all submissions you provide to us as non-proprietary and non-confidential.

7. COMMUNICATIONS BY US

7.1 ELECTRONIC COMMUNICATIONS ABOUT YOUR ORDER

You agree that we may communicate with you electronically, and that we can send you information about your orders via e-mail, such as emails regarding your order confirmation, order status, and shipping confirmation.

7.2 ELECTRONIC COMMUNICATIONS, AGREEMENTS, NOTICES AND DISCLOSURES

You agree that all agreements, notices, disclosures, and other communications we send to your electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.

7.3 COMMERCIAL COMMUNICATIONS

We may also send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc, if you have opted-in. You may opt out of receiving these types of communications by selecting the link "opt out" or "unsubscribe" in the respective e-mail, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section.

8. THIRD PARTY LINKS AND THIRD PARTY WEBSITES

The Website may contain links to third party websites. When you access other websites from links on this Service, those websites may operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third party website or services. TapTok has no control over such third party websites. We are not responsible for any content on or available from such websites. We will not be responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.

9. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

EXCEPT OTHERWISE PROVIDED IN OUR WARRANTY POLICY THE SERVICE AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER TapTok NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY "TapTok ASSOCIATES") MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE OR ITEM OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.

SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TapTok AND TapTok ASSOCIATES’S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITIES

TapTok, TapTok ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE WEBSITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TapTok, AND TapTok ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND TapTok AND TapTok ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM SHALL NOT EXCEED $50.00. (U.S. DOLLARS).

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TapTok and TapTok’s Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Legal Terms or your use of the Site.

12. FORCE MAJEURE

Under no circumstances will TapTok be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, hardware failures, software failures, electrical power failures, telecommunication equipment failures, other equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, war, labor or materials shortages, fires, floods, earthquakes, explosions, acts of God, governmental actions, and orders of domestic or foreign courts or tribunals.

13. DISPUTE RESOLUTION

13.1 INFORMAL DISPUTE RESOLUTION

TapTok wants to address your concerns without needing a formal legal proceeding. Before filing a claim against TapTok, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or TapTok may bring a formal legal proceeding.

13.2 USE OF ARBITRATION

You agree that any dispute between you and TapTok arising out of or relating to the Service, or any other products, services or item obtained through the Service will be governed by the arbitration procedure.

13.3 JURISDICTION

Any legal suit, action or proceeding arising out of, or related to, these Legal Terms or the Service shall be instituted exclusively in the relevant state or federal courts located in the City and County of Miami, Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Legal Terms in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.4 LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to these Legal Terms or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

14. MISCELLANEOUS TERMS

14.1 GOVERNING LAW

All matters relating to the Service or these Legal Terms shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of Florida without regard to its conflict of laws principles. 

14.2 ENTIRE AGREEMENT

These Legal Terms, which include our Terms of Use, Privacy Policy, Terms of Sale, Return & Refund Policy and any other legal terms or policies displayed on the Service, constitute the sole and entire agreement between you and TapTok with respect to the Service and any item purchased through the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of these Legal Terms shall not be construed against the drafting party.

14.3 ASSIGNMENT

You may not assign or transfer these Legal Terms or any rights or licenses granted herein without TapTok’s consent. Any attempt by you to assign these Legal Terms or any rights or licenses granted herein, without such consent, will be null and void. TapTok may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.4 WAIVER AND SEVERABILITY

TapTok’s failure to enforce any right or provision of these Legal Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TapTok.

If any provision of these Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions. 

14.5 RESPONDING TO LEGAL PROCESS

TapTok may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over TapTok (“Legal Process”) that TapTok believes to be valid. Where permitted by applicable law, we will use reasonable efforts to provide you notice of any such Legal Process by sending a copy to the email address associated with your user account. TapTok is not responsible for any direct or indirect losses that you may incur as a result of our complying with the Legal Process.

14.6 SECTION TITLES AND NUMBERING

Section titles and numbering used in these Terms of Use are solely for convenience. They have no legal or contractual significance.

15. HOW TO CONTACT US

This Website is operated by TapTok USA.

Except as otherwise provided in the Term of Sale, Return & Refund Policy, Privacy Policy or Warranty Policy, all feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service and the items displayed on or sold through the Service should be directed to: Contact Us

on the checkout page. We accept payment by most major credit and debit cards. We will charge your credit or debit card the full payment as soon as we pick the first item of your order in the warehouse. If we unfortunately notice a lack of availability of one of the products, we will advise you immediately and you will be able to choose between the cancellation of the whole order or a partial refund.

Please note that in the payment transaction process, we ask the card issuer to reserve the amount of any order before we pick the first item. It means that even if you order one item, it may still appear that you were charged for it, but as soon as we inform the card issuer that the order has been cancelled, the funds will be released straight back to you.

You should be aware that online payment transactions are subject to validation checks by your card issuer. TapTok is not responsible if your card issuer declines to authorize payment for any reason. Your card issuer may charge you an online handling fee or processing fee. TapTok is not responsible for this.

PAYMENT CARD PROCESSING

All purchases made through a payment card (e.g. credit card, debit card) are processed by a third party. We are not responsible for any error or other incident caused by or attributed to this payment card processor.

TAXES

You are responsible for the payment of any taxes applicable to the sale and/or delivery of the product. These taxes will be calculated and communicated to you at the time you place an order, and are charged at the same as the purchase price of a product.

SHIPPING AND DELIVERY

The costs of shipping and delivery will depend on the shipping options that you select and the shipping address you enter, and will be indicated at the time you place your order.

You acknowledge that all scheduled shipment dates are estimates only. TapTok will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

Title and risk of loss pass to you upon delivery of the products by TapTok to the courier/carrier.

INCORRECT DELIVERY ADDRESS

You must provide a complete and correct address for delivery. TapTok may charge you any extra shipping cost to offset the expenses incurred by multiple attempted deliveries and/ or re-routing due to a defective address.

CANCELLATION

There are no cancellations after an order is placed. However, if you want to return a product after the order is placed, please follow our Returns and Refunds Policy, which is incorporated into these Terms of Sale by this reference.

RETURN AND REFUND

Our Returns and Refunds Policy is incorporated into these Terms of Sale by this reference.

LIMITED PRODUCT WARRANTY

Our Limited Product Warranty, as detailed in our Warranty Policy, is incorporated into these Terms of Sale by this reference.

RESALE

Purchases made through the Website are intended for end users only and are not authorized for resale other than as secondTapTok hand, used equipment. In case, you decide to resale the product to another person, the Warranty Policy won’t be applicable.

HOW TO CONTACT US

You can submit any questions you have about these Terms of Sale or about a product or an order you have placed.