Terms of Use

 

Welcome to TinyTap (“TinyTap”, “we”, “us” or “our”), a social platform that enables users to access, create, and share educational, interactive content and applications (“TinyTap,” or the “Service”). Please continue reading to learn about the terms of use by which you may use our Service.

 

These Terms of Use (the “Terms”) constitute an agreement between you and TinyTap that governs your use of TinyTap.  The Terms apply to all schools and school districts, including trained institutional staff members who are authorized to access the Service on behalf of a school or school district (each, a “School”), as well as individuals who are non-School users of the Service (Schools and individuals, referred to here as “user,” “you,” or “your”).

 

PLEASE CAREFULLY READ OUR TERMS AND PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE, BEFORE USING TinyTap.  These Terms affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms, do not access or use the Service.

 

  1. Agreement for Use of TinyTap
    You are permitted to use the Service only if you can form a binding contract with TinyTap and have created a User Account (defined below), or if you are a user under the age of 13 (“child” or “children”) on whose behalf a subaccount of a User Account has been created by your parent/guardian or School as described below.  Your use of TinyTap must be in compliance with the Terms, the Privacy Policy and all applicable local, state, national and international laws, rules and regulations.  If you have previously been removed from the Service, you are not permitted to use the Service again.
    Subject to the terms and conditions of the Terms, we grant you a non-exclusive, non-transferable, freely revocable license to use the Service.  We do not transfer title to any portion of the Service to you.  As between you and us, we reserve all rights not expressly granted to you in the Service.
    We reserve the sole right to either modify or discontinue TinyTap, including any of TinyTap’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.  Any new features that augment or enhance the then-current services on TinyTap shall also be subject to these Terms.  
    By accessing or using the Service, checking the box marked “I agree,” or by otherwise affirmatively stating your desire to use the Service, you signify that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as set forth in the TinyTap Privacy Policy.  If you do not agree, you may not use the Service.  These Terms may change from time to time.  We will notify you by updating the “Effective Date” found at the top of this page.  Your continued use of the Service after any changes constitutes your acceptance of any new terms.  Where applicable under the law, these Terms constitute a writing signed by you.
    We may terminate your access to the Service without notice, at any time, and without any liability or obligation to you, if in our sole discretion, you fail to comply with any provision of these Terms.
    You are responsible for providing, at your own expense, all equipment necessary to use the Service, including a computer or mobile device, modem, and Internet access and/or connection (including payment of all fees associated with such access).
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  3. User Accounts
    You may access the Service by registering for an account (each, a “User Account”) and logging in to the Service with your email address/username and password.  You are responsible for your User Account and any data associated with it, including the form, content and accuracy of any profile or material contained therein.  Children under the age of 13 are not permitted to create a User Account.  Children may access the Service through a subaccount created on their behalf by their parent or guardian, or by their School, which individual or School is solely responsible for all conduct under that subaccount.  Entities other than Schools may not use the Service on behalf of children.      
    If you create a User Account on behalf of a School or other entity then you hereby represent and warrant that you: (a) are an authorized representative of the School or other entity; (b) have the authority to bind the School or other entity to the Terms; and (c) agree to the Terms on the School or other entity’s behalf.  Do not create a User Account on behalf of a child if you are not the parent/guardian of that child or authorized to do so on behalf of a School.  
    When you create a User Account (including as a parent or guardian of a child or on behalf of a School or other entity), you will be asked to provide a valid email address.
    You should create a strong password to maintain privacy over your account and you should change it often to keep your account secure. It is solely your responsibility to maintain a strong password and keep it secret.  You are responsible for the actions of any third party that gains access to your User Account.
    You understand and acknowledge that you have no ownership rights in your User Account and that if you cancel your User Account or your User Account is terminated, any data associated with your User Account, including games, profiles, drawings, and saved items may, at TinyTap’s sole discretion: (i) be deleted from TinyTap and removed from any public area of the Service; or (ii) remain available on TinyTap, and accessible to TinyTap users and third parties subject to the terms and conditions of the Terms.  We reserve the right to force forfeiture of any username for any reason at any time.
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  5. User Content
    You are solely responsible for and represent and warrant that you have the right to use any data, text, files, information, usernames, games, graphics, audio recordings, voice recordings profiles, links and other content or materials (collectively, “User Content”) that you submit, post, record, upload, import or display on or via the Service or otherwise transmit to us as set forth in these Terms, including any User Content from a subaccount that you create.  You may submit, post, record, upload or display User Content, only if you are authorized to do so and to permit our users to make use of the User Content as set forth in these Terms.  You are responsible at your sole cost and expense for creating backup copies and replacing any User Content that you post or store on the Service.  You may utilize TinyTap to communicate and connect within the platform, content library, and related services, and to create educational content that you may use outside of TinyTap.  While we encourage free expression, all creations, profiles and content should maintain a courteous tone.  Please be aware that the Service is intended to be used by individuals under the age of 13.  Accordingly, exercise common sense and your best judgment when you submit or post User Content or any personal or other information.   
    Except as expressly set forth in our Privacy Policy, we have no obligation of confidentiality with regard to your User Content and we will not be liable for any use or disclosure of any User Content you provide through the Service or otherwise.  Unless agreed to otherwise in writing, your relationship with us is not a confidential, fiduciary, employment, contractor or other type of special relationship, and your decision to submit any User Content does not place us in a position that is any different from the position held by and between members of the general public, including with regard to your User Content.
    By posting any User Content on the Service, or otherwise providing any information to TinyTap, including without limitation games, drawings, suggestions, feedback, or other materials you submit to TinyTap through the Service, you hereby grant to TinyTap, its licensees, agents, and users of TinyTap, an irrevocable, world-wide, royalty-free, non-exclusive license to edit, copy, use, reproduce, publish, translate, modify, adapt, transmit, create derivative works from and distribute that User Content and information, as applicable, (in whole or in part) without any compensation, credit or obligation to you, subject to the Terms and Privacy Policy. Such use must be educational and noncommercial, unless the owner of the User Content has given authorization to make commercial use of User Content directly (for example, by agreeing to revenue sharing under TinyTap Pro Plans as described below and elsewhere on the Service).  
    TinyTap does not assert any ownership over any submitted User Content. Rather, subject to the rights granted to us in these Terms, you retain full ownership of all of your submitted User Content and any intellectual property rights or other proprietary rights associated with your submitted User content.
    You understand and agree that TinyTap may preserve User Content, and may also disclose User Content, including personally identifiable information (notwithstanding the Privacy Policy), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of any other applicable agreement or policy; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TinyTap, its users and the public. Without limiting the generality of the foregoing, TinyTap may be required to disclose information pertaining to User Content to individuals asserting rights under the Digital Millennium Copyright Act (DMCA), and you expressly authorize TinyTap to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.
    By using the Service you represent that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TinyTap or any User Content.  The TinyTap name and logo are trademarks of TinyTap, inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of TinyTap.
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  7. TinyTap Pro Plans
    TinyTap is pleased to offer TinyTap Pro Plans.  Users who sign up for a TinyTap Pro Plan subscription have unlimited access to a comprehensive collection of interactive educational lessons and the ability to make their own User Content private so that other users may not engage with or edit their User Content without permission. The benefits of a TinyTap Pro Plan are explained in detail here.
    TinyTap Pro Plans allow teachers to contribute educational User Content and earn revenue from their User Content.  You can learn about becoming a TinyTap Seller here.
    Charges for TinyTap Pro Plans will be disclosed to you on the Service before you complete your purchase.
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  9. General Terms and Conditions
    You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that TinyTap is not responsible or liable for the conduct of any user.  TinyTap reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
    You understand that TinyTap cannot and does not guarantee the identity of any other user with whom you interact in the course of using the Service.  Additionally, we cannot and do not guarantee the authenticity of any data or information that users may provide about themselves or any other User Content that is posted or otherwise made available on the Service. You agree that you must evaluate, investigate and bear all risks associated with the use of any User Content, including reliance on the accuracy, completeness, non-infringement, or integrity of such User Content.
    Although it is TinyTap’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links or equipment.  You acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
    You agree that you are responsible for all data charges and/or any fees you incur through use of the Service.
    You shall use TinyTap as provided in these Terms or in any other agreement you have with TinyTap. You shall use TinyTap in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from TinyTap to any third party, unless you are authorized to do so by TinyTap.
    You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from TinyTap from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share your login credentials with any other party.
    In order to ensure a safe and effective experience for all of our users, TinyTap reserves the right to limit the amount of data that may be accessed by you in any given time period.
     
    YOU MAY NOT DO THE FOLLOWING ON TinyTap:

    • Use the Service for any unlawful purpose, including but not limited to conspiring to violate the law.
    • Make commercial use of any aspect of TinyTap, including without limitation, User Content; provided, however, that commercial use of User Content is permitted with authorization from the owner of the User Content under TinyTap Pro Plans.  
    • Post any content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, bullying, defamatory, vulgar, obscene, inappropriate, invasive of another’s privacy, hateful, violent, discriminatory, infringing, pornographic, or that you do not have the right to transmit under any law or under any contractual relationship.
    • Create a false or misleading identity, including by soliciting, collecting or using login credentials that are not yours to impersonate someone else or to collect information about others. Impersonating another for the purposes of creating a TinyTap account or gaining access to a TinyTap account is also expressly prohibited.  
    • Transmit, email or post any content that contains any form of software virus or similar program, including but not limited to, any worms, Trojan horses, time bombs, cancel-bots, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter, disrupt, impair, or interfere with the way any TinyTap platform is rendered or displayed in a user’s browser or device.
    • Access the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, scraper, or by viewing our cache.
    • Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Service.
    • Sell, transfer, license or assign your account, followers, username, or any account rights. TinyTap prohibits the creation of accounts for anyone other than yourself with the exception of (a) parents or guardians who create subaccounts on behalf of their children; (b) representatives of Schools who are authorized by a School to use TinyTap on behalf of students (including for those who are under the age of 13); and (c) representatives of entities that are not Schools who are authorized to use TinyTap to create User Accounts on behalf of their organization or its membership (not including for those who are under the age of 13).  By using TinyTap, you agree that you will not create an account on behalf of another person or entity except as otherwise expressly allowed under these Terms and the Privacy Policy. You also represent that all information that you provide or provided to TinyTap upon registration, and at all other times, will be true, accurate, current, and complete.
    • Post private or confidential information via the Service, including, without limitation, your or any other person’s social security, credit card information, or alternate national identity numbers.
    • Change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TinyTap.
    • Send or post spam, or any type of unsolicited commercial email to other TinyTap users.
    • Use any trademarks, domain names or web URLs in your username without prior written consent from the appropriate trademark or business owner.
    • Post, transmit or share User Content to the Service that you did not create or that you do not have permission to use.  While TinyTap has the right to monitor activity and content on the Service, and may prescreen User Content, we are not obligated to do so.
    • Attempt to interfere with another user’s use and enjoyment of the Service.
    • Delete any material posted by any other person or entity without authorization to do so.
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  11. Third Parties
    There may be links from the Service, or from communications you receive from the Service, to third party web sites or features, including without limitation a third party payment vendor.  There may also be links to third party websites or features in images or comments within the Service. The Service may also include third party content that we do not control, maintain or endorse.  You expressly acknowledge and agree that TinyTap is in no way responsible or liable for any such third party correspondence, services or features, including without limitation the information collection practices of third parties.  Any access to and use of such third party web sites or features is not governed by the Terms, but is instead governed by the policies of those third parties.  YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE INCLUDING OTHER USERS IS SOLELY BETWEEN YOU AND THE THIRD PARTY.  ANY CONTACT INFORMATION YOU CHOOSE TO POST IS POSTED AT YOUR OWN RISK.If you access the Service using an Apple iOS, OSX, Android or Microsoft Windows-powered device or platform, your access to the Service is also subject to the usage terms set forth in the applicable third party’s terms of service of any operating system that you may be using.
    When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using the Service may be prohibited or restricted by your network provider and not all aspects of the Service may work with your network provider or device.
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  13. DMCA Notice & Takedown Procedure, Counter-Notification
    We respect other people’s rights, and expect you to do the same.  We will respond expeditiously to claims of copyright infringement committed using the Service.  If you believe that your work has been copied and posted on TinyTap in a way that constitutes copyright infringement, please deliver a notice to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. 512) (the “DMCA”) to respond to such concerns, with the following:

    • a description or an image of the copyrighted work(s) that you claim have been infringed to enable us to identify the work(s);


    • a description of where the material that you claim is infringing is located on the Service (for example, a link to the page that contains the work(s));


    • your name and contact information so that we may contact you (for example, your address, telephone number, and email address);


    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;


    • a statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;


    • and your electronic or physical signature.


    The TinyTap DMCA contact for notice of claims of copyright infringement is:


    TinyTap, Inc.

    Attn: DMCA Agent

    41 Gershon Shatz

    Tel Aviv, Israel  6701779

    Tel: +972 54 4788961

    Email: contact@tinytap.it


    Upon receipt of notice as described above, TinyTap will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Service, in accordance with applicable law.  If we remove the challenged material from the Service, we may notify the user with details about your takedown notice so that the user may submit a counter-notification.


    If material that you submit to the Service has been taken down pursuant to a DMCA notice, you may file a counter-notification that contains the following and send it to the DCMA contact above:


    • a description or an image of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;


    • a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;


    • your name, address, telephone number, and email address;


    • a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which TinyTap may be found, and that you will accept service of process from the person who submitted a notice in compliance with § (c)(1)(C) of the DMCA as generally described above;


    • and your electronic or physical signature.


    Repeat infringers will have their User Accounts terminated and may face legal action.  DMCA notices and counter-notifications are only accepted to address copyright infringement claims and are not the proper method to report other legal claims (e.g., non-copyright issues such as trademark, defamation, or privacy) or violations of our Terms.  There may be legal sanctions for knowing and material misrepresentations in a DMCA notice or counter-notification.

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  15. Indemnification
    By accepting these Terms, you agree to indemnify, defend and hold harmless TinyTap, its agents, licensors, managers, users, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access of the Service; (c) your violation of any third party right, including without limitation any right of privacy or intellectual property; (d) your violation of any applicable law, rule, or regulation; (e) any content or information that is submitted via your User Account; or (f) any other party’s access and use of the Service with your unique email address/username and password.
    TinyTap reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with TinyTap in the defense of any such claim, action, settlement or compromise negotiations, as requested by TinyTap.
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  17. Disclaimers
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. TINYTAP AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE SERVICE MAY INCLUDE INCORRECT OR INACCURATE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE SERVICE, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE SERVICE.
    THE RELEASED PARTIES MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY USER CONTENT, INFORMATION OR MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) THE SERVICE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS; (f) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (g) THAT OTHER USERS OR THIRD PARTIES WILL COMPLY WITH THESE TERMS OR THE PRIVACY POLICY.


    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


    NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TINYTAP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.


    FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.


    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


    Third party services that are accessible through the Service may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review their terms of use for more information on their warranties and applicable disclaimers.

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  19. Limitations on Liability
    IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICE OR YOUR ACCESS, USE OR INABILITY TO USE THE SERVICE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, DATA BREACH, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND (e) NON-COMPLIANCE BY ANY USER OR THIRD PARTY OF THESE TERMS OR THE PRIVACY POLICY.
    TINYTAP RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.  THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
    YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE SERVICE.  NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL TINYTAP’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.


    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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  21. Dispute Resolution, Governing Law & Venue
    YOU AGREE THAT YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST TINYTAP.  
    These Terms are governed by and construed in accordance with the laws of the New York, without giving effect to any principles of conflicts of law.  The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply.  You agree to resolve any dispute you have with TinyTap exclusively in a state or federal court located in New York County (Borough of Manhattan), New York and to submit to the personal jurisdiction of the state and federal courts located in New York County for the purpose of litigating all such disputes.
    If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  TinyTap’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
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  23. Territorial Restrictions
    The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TinyTap to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that TinyTap provides.
    Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
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  25. Miscellaneous
    The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. If TinyTap in any case decides not to exercise or enforce any right or provision of the Terms, that shall not constitute a waiver of any such right or provision. If any provision of the Terms or any incorporated documents are found by a court to be invalid, you agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  You agree that, except as otherwise expressly provided in these Terms, there will be no third party beneficiaries to this agreement.  You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Service.
    We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void.
    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 the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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  27. Contact Us
    Please send any questions, concerns or comments, or report violations of the Terms to us at contact@tinytap.it.