Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.tapeke.com website (the “Service”) operated by Tapeke, Ltd. (“us”, “we”, or “our”), with legal address at 2305A World Wide House, 19 DesVoeux Road, Hong Kong, and BVI Registration Number 1818953.
Your access to and use of the Service is conditional upon your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, images, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We may remove Content from the Service at our sole discretion, with or without cause at any time.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You are responsible for safeguarding the passwords, passphrases, and keys that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password or grant access to your account to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tapeke, Ltd.
Tapeke, Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tapeke, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may change, terminate or suspend our Service consistent with a Seppuku Pledge, or for any reason we deem necessary. We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to, your breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. You may cancel your account with or without cause at any time and effective immediately.
Any information which pertains to your account that we have knowledge of, will be deleted from our servers following your discontinuance of the Service.
Restrictions on Use
Except as expressly permitted, you agree not to use the Service for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Service. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Service. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions posted on the Service.
You agree that you will not harvest, collect or store information about the users of this Service or the content posted by others on this Service or use such information for any purpose inconsistent with the purpose of this Service or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You agree to indemnify and hold Tapeke, Ltd. and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content, your use of the Service, your connection to the Service, your violation of these Terms, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. You are solely responsible for your actions when using the Service.
Limitation of Liability
In no event shall Tapeke, Ltd., nor its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content; and (v) any other matter relating to the Service. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the extent permitted by law.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We will make reasonable efforts to maintain the Service. However, Tapeke, Ltd., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location or that the results that may be obtained from the use of the Service will be accurate or reliable; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the Republic Panama, without regard to its conflict of law provisions. You consent to the personal jurisdiction of the courts located in Panama City in any proceeding for the enforcement or interpretation of these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We may make changes to the Service at our sole discretion.
If you have any questions about these Terms, please contact us: [email protected]
Last updated: December 4th, 2014