TapMetrics Terms of Service

Last updated Frebruary 21, 2010

The Service

TapMetrics, Inc. (“TapMetrics”, “us”, “we”, the “company”) has developed www.tapmetrics.com (the “Site”), and TapMetrics analytics libraries and associated software (the “Code”) for mobile device application developers and users (together known as the “Service” or “Services”). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. If you do not agree to these terms, do not obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full term or duration of your use of the Site and Services. You are responsible for regularly reviewing these Terms. Please review them carefully.

Modifications

TapMetrics retains the right to, at any time, modify or discontinue, any or all parts of the Service without notice. Additionally, TapMetrics reserves the right, in its sole discretion, to modify this agreement at any time, effective by posting new terms on this Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to using the Service. Your use of the Site or Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.

Eligibility

Your eligibility for use of the Services is contingent upon meeting the following conditions:

  • (a) You are at least 18 years of age.
  • (b) You use the Site and Services according to these terms of Service and all applicable laws and regulations.
  • (c) You provide complete and accurate registration information and maintain accurate registration information on the Site.
  • (d) You agree and understand that TapMetrics may, at any time, revoke and cancel your access if you fail to meet these criteria or violate any portion of these terms.

Use of the Services

You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of this agreement and your account may be suspended without notice.

In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

  • (a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, or other such personally identifiable information (“PII”);
  • (e) use our Services in connection with the distribution of unsolicited commercial email ("spam");
  • (f) use the Site or Services to intimidate, harass, or stalk any other user of our Services;
  • (g) use of Services to share, host, transmit, distribute any racist, defamatory, libelous, or unlawfully threatening material, including pages or data that contain nudity, violence, or offensive subject matter or contains a link to an adult website;
  • (h) use automated scripts to collect information or otherwise interact with the Service or the Site;
  • (i) enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity.

Account Security and Password

You will be provided with a login identifier (“username”) and a password in order to access the content and Services within the Site. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for the activities that occur under your username and password.

Intellectual Property

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, are the sole property of TapMetrics. Unauthorized use of any materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact TapMetrics immediately at the address provided below.

You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the Site, Service, code, or third-party content without prior express written consent of TapMetrics or the respective owner of said material. You are granted a limited-use, non-exclusive license to use TapMetrics analytics libraries and associated code for the purpose of interacting with the Services. TapMetrics may revoke this license at any time without notification or your permission.

Disclaimer of Warranty and Limitation of Liability

The Site and Services are provided “as is.” TapMetrics, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Site or in connection with the Services. You exclude TapMetrics from all liability for damages related to or arising out of the use of this Site or Services. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. TapMetrics does not guarantee these Services will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact information below. You agree that TapMetrics shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that TapMetrics has no liability with respect to any applications you publish or distribute. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.

Indemnity

You agree to indemnify, defend and hold harmless, TapMetrics, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.

Privacy Policy

In addition to, but under these terms, you agree to abide by and accept TapMetrics privacy policy (the “policy”) prior to using the Service. TapMetrics will not sell, share, or disclose your PII unless required by law. TapMetrics does at any time reserve the right to access your data without your prior consent to update, repair, or maintain the Site, or if a reasonable belief exists that such data is causing malfunctions, contains malicious code that has or could affect the Service or data of any third-party, or such data violates these terms of service or any law.

Miscellaneous

Questions, comments, or concerns may be sent at any time to contact@tapmetrics.com.
TapMetrics
Legal Inquiries
PO Box 57342
Washington, DC 20037