Last Updated: April 5, 2013
The following document outlines the terms of use of Tapsbook.
Before using Tapsbook, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.
AtomKnows, LLC ("AtomKnows", "we", "our" or " us") provides a service that allows members to organize their photos, notes and other content in a sharable online timeline through our mobile device app Tapsbook ("Tapsbook") for your app-enabled mobile devices. These Beta Site Terms of Service ("Terms") establish the terms and conditions under which AtomKnows will permit you to use a beta version of Tapsbook. These Terms govern your access to and use of Tapsbook and all text, graphics, images, music, software, audio, video, information or other materials made available on or through Tapsbook ("Content").
This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of Tapsbook.By using Tapsbook, you agree to be bound by this Agreement.
BY USING Tapsbook, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE ATOMKNOWS PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS APP.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
You acknowledge that: (a) Tapsbook has not been made commercially available (and may not be made commercially available by AtomKnows); (b) Tapsbook may not be in final form or fully functional and may not operate properly or contain errors. You assume all risk arising from use of Tapsbook, including, without limitation, the risk of damage to your computer system or mobile device or the corruption or loss of content or information.
Tapsbook and all Content is provided "AS IS," without warranty of any kind, whether express or implied. AtomKnows makes no representations or warranties regarding the suitability of Tapsbook for your intended requirements or purposes or regarding any data or information that you upload or access through the use of Tapsbook.
ATOMKNOWS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AtomKnows takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or transmits using Tapsbook. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
You agree to: (a) test Tapsbook and cooperate with AtomKnows in evaluating Tapsbook; (b) work with AtomKnows to identify and resolve any errors or problems in the operation of Tapsbook; and (c) provide AtomKnows with feedback and comments and suggestions for improvements to Tapsbook (collectively, "Feedback").
All Feedback will be the sole and exclusive property of AtomKnows and you assign to AtomKnows and agree to assign to AtomKnows all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At AtomKnows' request and expense, you will execute documents and take such further acts as AtomKnows may reasonably request to assist AtomKnows to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
As a condition to using Tapsbook, you are required to open an account and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Tapsbook account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Tapsbook account.
Tapsbook is available only to individuals who are at least 18 years old. If you do not meet the age requirement, you are not permitted to open an account or use Tapsbook.
As a Member, you have the option of granting AtomKnows access to your accounts with certain third-party social media and networking sites (each, an " SNS") so that AtomKnows can capture and make available through Tapsbook content that you have stored in your account(s) with such SNSs ("Member Content").
By granting AtomKnows access to any such SNS content, you understand that AtomKnows will access, make available and store (if applicable) such Member Content so that it is available through Tapsbook. AtomKnows is not responsible for any Member Content stored on an SNS that you choose to make available through Tapsbook.
Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available through Tapsbook.
Please note that if an SNS account becomes unavailable or SNS terminates AtomKnows's access to your SNS account(s), any Member Content from that SNS will no longer be available through Tapsbook. You have the ability to disable the connection between Tapsbook and your SNS account(s), at any time, by accessing the "Photostreams" section of Tapsbook.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
AtomKnows offers a free account (no fees) and premium paid account. A description of the features associated with these account levels is available on the Pricing page. You may change your account level at any time by accessing the "Settings" section of Tapsbook.
When you register for a premium paid account, you will be required to provide customary billing information such as name, credit card number and billing address, select a subscription term and payment frequency (monthly or annual).
You agree to pay Tapsbooklicable subscription fee and any taxes and other fees that may accrue in relation to your use of Tapsbook, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Tapsbook and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, AtomKnows and its licensors exclusively own all right, title and interest in and to Tapsbook and Content, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying Tapsbook or Content. All trademarks, Tapsbook marks, and logos and any other proprietary designations used on or in connection with Tapsbook are the trademarks or registered trademarks of AtomKnows or its licensors or third parties.
Subject to your compliance with these Terms, AtomKnows grants you a limited, non-exclusive, revocable license, without the right to sublicense, to access and view the Content solely for your personal and non-commercial purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Tapsbook and Content, except as expressly permitted in these Terms.
AtomKnows reserves all rights in the Content not expressly granted to you by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AtomKnows or its licensors, except for the licenses and rights expressly granted in these Terms.
Members may post, upload, publish, submit or transmit text, graphics, images, information or other materials, including comments, to be made available through Tapsbook ("Member Submissions").
By making available any Member Submissions through Tapsbook, you hereby grant to AtomKnows a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy and transmit Member Submissions (and Member Content if applicable) only in connection with your use of Tapsbook.
AtomKnows does not claim any ownership rights in any Member Submissions or Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Submissions or Member Content.
You acknowledge and agree that you, and not Tapsbook, are solely responsible for all Member Content and Member Submissions that you make available through Tapsbook. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Submissions and Member Content that you make available through Tapsbook or you have all rights, licenses, consents and releases that are necessary to grant to AtomKnows the rights in such Member Submissions and Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor Member Submissions nor your posting, linking, referencing, uploading, publication, submission or transmittal of the Member Submissions or Member Content or AtomKnows's use thereof through Tapsbook will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
YOU ASSUME THE ENTIRE RISK OF LOSS FOR ANY MEMBER CONTENT AND MEMBER SUBMISSIONS THAT YOU MAKE AVAILABLE THROUGH TAPSBOOK.
Please read carefully the terms and conditions of our Privacy Policy, which may be found our Privacy page.
As a condition of use, you promise not to use Tapsbook for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by AtomKnows. By way of example, and not as a limitation, you agree not to do any of the following:
AtomKnows will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AtomKnows may involve and cooperate with law enforcement authorities in prosecuting Members who violate these Terms. You acknowledge that AtomKnows has no obligation to monitor your access to or use of Tapsbook or Content or to review or edit any Member Content or Member Submissions, but has the right to do so for the purpose of operating Tapsbook, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
AtomKnows reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Member Content and Member Submissions, that AtomKnows, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to Tapsbook.
To report a suspected abuse of Tapsbook or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to AtomKnows at email: support@Tapsbook.com.
You are solely responsible for your interactions with other users of Tapsbook. AtomKnows reserves the right, but has no obligation, to monitor disputes between you and other users.
AtomKnows respects copyright law and expects its Members to do the same. AtomKnows has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. For more information, please read our Copyright Policy.
Tapsbook may contain links to third-party websites or resources. You acknowledge and agree that AtomKnows is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or websites and applications on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AtomKnows of such websites or resources or the content, products, or websites and applications available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You hereby expressly and irrevocably release and forever discharge AtomKnows, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, members, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of Tapsbook.
You hereby agree to indemnify and hold harmless AtomKnows, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, members, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on Tapsbook, (iii) the use of Tapsbook, by you or any person using your account or Tapsbook Username and password, or (iv) any violation of any rights of a third party.
IN NO EVENT WILL ATOMKNOWS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF TAPSBOOK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ATOMKNOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
These Terms will remain in effect until terminated.
AtomKnows may terminate or suspend your Tapsbook account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use Tapsbook will immediately cease. If you wish to terminate your Tapsbook account, you may simply discontinue using Tapsbook. 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.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account, AtomKnows will automatically remove all Content posted to your account.
Tapsbook reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Tapsbook will notify you by posting an announcement on the site. What constitutes a material change will be determined at Tapsbook’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to or application of its conflict of laws rules or principles. You may not assign these Terms or any rights granted hereunder, by operation of law or otherwise, without AtomKnows's prior written consent, and any attempt by you to do so, without such consent, will be void. The failure by AtomKnows to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms is held unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter.
If you have any questions about these Terms, please contact support@tapsbook.com