Thank you for using the Tapbit platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Tapbit Live is a platform that offers online livestreaming services. We are committed to providing a stable and secure service, but we cannot guarantee that the service will be uninterrupted, timely, or error-free. We are not responsible for any interruptions or errors in the service caused by technical failures, maintenance, or other reasons.
Please read this Agreement carefully and make sure you understand its provisions.If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use this Service?
Tapbit Live service is only available to individuals or legal entities who are at least 18 years old and have full legal capacity. Minors under the age of 18 should use this Service under the guidance of a guardian.
If you are using this Service on behalf of a company or organization, it signifies that you have the authority to act on behalf of that entity, and that entity accepts this Agreement.
Using the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Tapbit or a third-party (collectively, "Content”).
The individuals or entities providing the content to this Service are responsible for the content. Tapbit has no obligation to store or broadcast the content. If you find any content that you believe does not comply with this Agreement, you can report it to us.
Permissions and Restrictions
As long as you comply with this Agreement and applicable laws, you may access and use the Service as made available to you. You may view or listen to the Content for personal, non-commercial purposes.
The following restrictions apply to your use of the Service.You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Tapbit and, if applicable, the respective rights holders;
- Circumvent, disable, use fraudulent means, or otherwise interfere with any part of this Service (or attempt any of the following), including security-related features or the following functions: (a) preventing or restricting the copying or use of Content; or (b) restricting the use of this Service or Content.
- Use any automated means (such as robots, botnets, or scrapers) to access this Service, except as follows: (a) using Tapbit's robots.txt file in accordance with public search engine guidelines; or (b) with prior written permission from Tapbit.
- Collect or gather any data that identifies an individual (such as usernames or faces), except as permitted by the individual or as allowed in the preceding section (3).
- Use this Service to publish unsolicited advertisements or commercial content or other spam or bulk solicitation messages.
- Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
Using this Service does not grant you ownership or rights to any aspect of this Service, including usernames and any other content published by others or Tapbit.
Your Content and Conduct
You may go live on this Service. You may use your Content to promote your business or work. If you choose to go live, you must not go live with any content that violates this Agreement or the law. For example, unless you have obtained permission from third parties or have the legal right to do so, your live Content must not include third-party intellectual property (such as copyrighted content). You are legally responsible for the content you go live with on this Service. We may use automated systems to analyze your content to detect infringement and abusive behavior, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Tapbit and other users of the Service, as described below.
By going live with your content on this Service, you grant Tapbit a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use that content (including copying, publishing, making derivative works, displaying, and broadcasting) for the purposes of the Service and Tapbit's (and its successor and affiliated companies) business, including promoting and redistributing part or all of the Service.
The license you grant will continue for a commercially reasonable period of time after you remove or delete your content from this Service. However, you understand and agree that Tapbit may retain archived copies of removed or deleted videos on its servers but will not display, publish, or broadcast them.
You may remove your content from this Service at any time. If you no longer have the rights required by these terms, you must remove your content.
Removal of Content by Tapbit
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to YouTube, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND Tapbit DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, Tapbit, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR Tapbit, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Tapbit, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and Tapbit consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND Tapbit AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.