TAPEABLE

TERMS OF USE

Introduction

Thanks for choosing Tapeble (“Tapeble”, “we”, “us”, “our”). By signing up or otherwise using the Tapeble service, websites, and software applications (together, the “Tapeble Service” or “Service”), or accessing any content or material that is made available by Tapeble through the Service (the “Content”) you are entering into a binding contract with Tapeble USA Inc.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Tapeble’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Tapeble Service or consume any Content.

Please read the Agreements carefully. They cover important information about Tapeble Services provided to you.

Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

In order to use the Tapeble Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to Tapeble is true, accurate, and complete, and you agree to keep it that way at all times.

Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.

Rights we grant you

The Tapeble Service and the Content are the property of Tapeble or Tapeble's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Tapeble Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Tapeble. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Tapeble Service or the Content.

The Tapeble software applications and the Content are licensed, not sold, to you, and Tapeble and its licensors retain ownership of all copies of the Tapeble software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All Tapeble trademarks, service marks, trade names, logos, domain names, and any other features of the Tapeble brand (“Tapeble Brand Features”) are the sole property of Tapeble or its licensors. The Agreements do not grant you any rights to use any Tapeble Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Tapeble Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Tapeble grants no right, title, or interest to you in the Tapeble Service or Content.

Third party software (for example, open source software libraries) included in the Tapeble Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

Third Party Applications

The Tapeble Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Tapeble does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Tapeble Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Tapeble Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Tapeble (e.g. podcasts) may contain advertising as part of the Content. In such cases, Tapeble will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to Tapeble in connection with the Tapeble Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Tapeble to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Tapeble a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

User guidelines

Tapeble respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Tapeble stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Tapeble Service or the Content, or otherwise making any use of the Tapeble Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Tapeble Service or the Content or any part of it;

  • using the Tapeble Service to import or copy any local files you do not have the legal right to import or copy in this way;

  • transferring copies of cached Content from an authorized Device to any other Device via any means;

  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Tapeble Service, Content or any part thereof unless permitted by applicable law;

  • circumventing any technology used by Tapeble, its licensors, or any third party to protect the Content or the Service;

  • selling, renting, sublicensing or leasing of any part of the Tapeble Service or the Content;

  • circumventing any territorial restrictions applied by Tapeble or it licensors;

  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;

  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Tapeble Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

  • providing your password to any other person or using any other person’s username and password;

  • “crawling” the Tapeble Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Tapeble; or

  • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.

Please respect Tapeble, the owners of the Content, and other users of the Tapeble Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;

  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Tapeble or a third party;

  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

  • is intended to or does harass or bully other users;

  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

  • uses automated means to artificially promote content;

  • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Tapeble inbox;

  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Tapeble;

  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Tapeble;

  • interferes with or in any way disrupts the Tapeble Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Tapeble’s computer systems, network, usage rules, or any of Tapeble’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

  • conflicts with the Agreements, as determined by Tapeble.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Tapeble account. You also agree that Tapeble may also reclaim your username for any reason.

Please be thoughtful about how you use the Tapeble Service and what you share. The Tapeble Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Tapeble or across the web, so please use Tapeble carefully and be mindful of your account settings. Tapeble has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

Export control

Tapeble’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Tapeble under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

Term and termination

The Agreements will continue to apply to you until terminated by either you or Tapeble. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Tapeble may terminate the Agreements or suspend your access to the Tapeble Service at any time, including in the event of your actual or suspected unauthorised use of the Tapeble Service and/or Content, or non-compliance with the Agreements. If you or Tapeble terminate the Agreements, or if Tapeble suspends your access to the Tapeble Service, you agree that Tapeble shall have no liability or responsibility to you, and Tapeble will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Tapeble account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Tapeble SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Tapeble SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Tapeble AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Tapeble NOR ANY OWNER OF CONTENT WARRANTS THAT THE Tapeble SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Tapeble MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Tapeble SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT Tapeble IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE Tapeble SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Tapeble SHALL CREATE ANY WARRANTY ON BEHALF OF Tapeble IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation and time for filing

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Tapeble SERVICE IS TO UNINSTALL ANY Tapeble SOFTWARE AND TO STOP USING THE Tapeble SERVICE. WHILE Tapeble ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Tapeble, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Tapeble, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE Tapeble SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Tapeble HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Tapeble SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Tapeble DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Tapeble’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST Tapeble MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Tapeble, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Tapeble only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Tapeble, the Agreements constitute all the terms and conditions agreed upon between you and Tapeble and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the Tapeble Service may be governed by additional agreements. That could include, for example, access to the Tapeble Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Tapeble’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Tapeble or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Tapeble’s or the applicable third party beneficiary’s right to do so.

Assignment

Tapeble may assign the Agreements or any part of them, and Tapeble may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Tapeble harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Tapeble Service; and (4) your violation of any law or the rights of a third party.

Choice of law, mandatory arbitration and venue

Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.

Further, you and Tapeble agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.

Tapeble does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.

ARBITRATION AGREEMENT

This Arbitration Agreement applies only to users in the United States.

Dispute resolution and arbitration

You and Tapeble agree that any dispute, claim, or controversy between you and Tapeble arising in connection with or relating in any way to these Agreements or to your relationship with Tapeble as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Tapeble further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

Exceptions

Notwithstanding the clause above (24.2.1), you and Tapeble both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class Or Representative Proceedings: Class Action Waiver

YOU AND Tapeble AGREE THAT EACH 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 Tapeble 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. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Tapeble will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Tapeble agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Tapeble can also help put you in touch with the AAA.

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Tapeble will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Tapeble will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Tapeble's address for Notice is: Tapeble USA Inc., Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Tapeble may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tapeble shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Tapeble’s last written settlement offer, then Tapeble will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.




 

PRIVACY POLICY

Introduction

Thanks for choosing Tapeble. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you.

The Privacy Policy is here to do three things:

  1. Explain the way we use information that you share with us in order to build a great product and give you a great experience with it;

  2. Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it;

  3. Hold us accountable for protecting your rights and your privacy under this policy.

All the information we collect is related to providing the Tapeble service and its features.

Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use Tapeble; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.

The first category includes:

  • Registration information, including your name, birth date, address, and other information you provide when you sign up for Tapeble.

  • Broad, non-specific location, which we derive from your IP address. Our licenses to deliver music and other content to you are location-specific, so we need to know what country you’re in. This also enables us to make suggestions based on your general location, like concerts or performances.

  • The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, followers, or the public.

  • Technical and sensor information necessary to operate Tapeble. This includes the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors. This enables you to control Tapeble and allows us to do simple things like rotate videos and recommend music based on whether you’re sitting still or running.

The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples:

  • Your specific location: We will never gather or use your specific device location without first getting your explicit permission. This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations about locally popular music, live venues, and concerts.

  • Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or create cover art for a playlist. You can stop sharing photos and revoke access at any time.

  • Your contacts: We will never scan or import your contacts unless you ask us to. If you choose to do so, we will only use your contact information to help you find friends or contacts who use Tapeble.

  • Your microphone: We will never access or use your microphone unless you give us explicit permission. This could enable you to control Tapeble with your voice, and you will always have the ability to disable access to the microphone.

The distinction between these two categories is important. Information in the first category is information you must provide in order to use Tapeble. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described. Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission.

We will be clear with you about how and when we might share information.

In some contexts, we will share certain information. For example, like most services, if you sign up for Tapeble through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our music industry partners to help them understand how the content they license to us is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer a free service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with artists or record labels, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time.

 

We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know

The information we collect

We may collect and store the following information—

Registration data

When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use) (e.g., Facebook), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.

You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider.

Usage, log data

When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:

  1. information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other Tapeble users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;

  2. the details of the queries you make and the date and time of your request;

  3. User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service;

  4. technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Tapeble Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Tapeble application version.

  5. motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope).

You may integrate your Tapeble account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application.

Your mobile device

We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Tapeble experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use Tapeble, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information.

In particular:

  • Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.).

  • Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address as described in Section 3.2 above, to determine, for example, what country you are in and comply with our licensing agreements.

  • Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access.

  • Contacts: We will not scan or import your contacts stored on your phone without first getting your explicit permission. We will only use the contact information to help you find friends or contacts who use Tapeble if you choose to do so, and we will not use contact information for any other purpose without first getting your separate explicit permission. Local law may require that you seek the consent of your contacts to provide their personal information to Tapeble, which may use that information for the purposes specified in this Privacy Policy.

Widget data

Other websites may integrate Tapeble widgets (such as the Tapeble Play Button or Tapeble Follow Button). When you visit a site with a Tapeble widget embedded, we may receive certain information, including information about the web page you visited. Tapeble and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.

Sweepstakes, contests & surveys

From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.

Tapeble service providers and partners

We may also receive information about you from our service providers and partners, which we use to personalise your Tapeble experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below.

How we use the information we collect

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

  1. to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service;

  2. to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;

  3. to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;

  4. to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Tapeble account settings); in the section Your preferences below, we inform you of the controls you can use to opt out from receiving certain messages;

  5. to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for Tapeble’s services;

  6. to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;

  7. to process your payment or prevent or detect fraud;

  8. to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Tapeble, its users, or any other person, or the copyright-protected content of the Service;

  9. to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other Tapeble users; and

  10. as otherwise stated in this Privacy Policy.

Your preferences

We provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on Tapeble, regardless of how you set your privacy settings.

To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for adjusting the relevant settings on Tapeble’s website.

Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use Tapeble carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the Tapeble Service or other services.

Links

We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.

Security

We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Tapeble Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.

 

Changes to the Privacy Policy

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may