Tapjoy, Inc. Online and Mobile Terms of Service

Hello and welcome to Tapjoy, Inc. (“Tapjoy”, “us”, or “we”). Please read these Terms of Service (the “Terms”) carefully before using the Tapjoy website (my.tapjoy.com, or the “Website”), mobile application (“MyTapjoy” or the “Application”)), or associated products and services (collectively, with the Website and MyTapjoy, the “Services”). These Terms are a binding agreement between you and us governing your use of our Services.  These Terms may be modified or updated by us from time to time upon notice to you through positing on the Website or MyTapjoy. Any changes will become effective immediately upon posting on our site. By continuing to use the Services you are agreeing to the updated Terms.

These Terms DO NOT cover your use of the Tapjoy Publisher Services, Tapjoy Advertising Services, or the Tapjoy SDK, each of which has its own set of terms and conditions, available online at https://home.tapjoy.com/info/legal/ (collectively, the “Partner Services”).  If you are an advertising partner, publishing partner, or just want to check out our SDK, please head over to www.tapjoy.com and view our policies, links and promotional material. The use and acceptance of any Tapjoy  products or Partner Services shall be subject to and governed by the applicable Partner Services terms and conditions.

Our Privacy Policy, which describes the data we may collect from you and how we protect and use such data may be found here: https://home.tapjoy.com/info/about-tapjoy/privacy-policy/. Our Privacy Policy also contains an opt-out mechanism to opt-out of receiving behaviorally targeted advertising from Tapjoy based on your data https://home.tapjoy.com/info/third-party-opt-out/.

 

1. The Services. The Services, found at my.tapjoy.com or, on mobile, through the MyTapjoy mobile application, allow you to discover fun and exciting new gaming apps, find reward offers, earn points and manage virtual currencies in your mobile apps, all from a single platform.

Our Services will sometimes link you to websites, applications and/or content hosted and delivered by third parties (collectively, “Third Party Content”). We absolutely do not endorse any Third Party Content, products, services, opinions or practices you might find through the Services. We make no guarantees that any of the Tapjoy content or Third Party Content (collectively, the “Content”) accessible through our Services is fit or safe for your consumption. Tapjoy makes no representations or warranties with respect to the Content and cautions you to exercise proper and reasonable care at all times.

Tapjoy is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to add, remove or modify any portion of the Services at any time without notice to you.

2. Use of the Services. In order to use the Services, you may be required to register an online account with us and provide true and accurate information about yourself.  The safekeeping of your login credentials, which may include a user name and password (“User ID”), will be your responsibility. Do not share, duplicate or impersonate another person with your User ID.

By using the Services, you agree to use the Services only as provided, and in accordance with these Terms as well as all Tapjoy instructions and interfaces, without interference, and in accordance with all laws and regulations that may apply to your use of our Services or the Content. All Content available through the Services is owned by their respective intellectual property owners, including copyright and trademark rights, and use of the Services does not grant you any rights in or to any such Content.

Some of the reward offers you receive while using the Services may have actual monetary value in your place of residence. In the event that you receive any taxable compensation through the use of our Services, you will be solely responsible for any tax liabilities and notices associated therewith.

3. Use Restrictions. If you are under 13 you may not create a User ID.  If you believe a child under 13 has registered an account with us, please contact us immediately at privacy@tapjoy.com so that we may promptly disable such account.

Use of the Services is provided solely for your personal benefit and not for any commercial use or purpose whatsoever.  In other words, you may use the Services solely for your personal enjoyment, but you may not, under any circumstances, use the Services, directly or indirectly, for any commercial purposes or financial gain whatsoever, including but not limited to selling or renting the Services to any third party, or using or exploiting the Content for your or another party’s economic gain.

You may not use the Services in connection with any fraudulent, abusive, or illegal activity. Examples of such activity include, but are not limited to: manipulating device IDs; misrepresenting geolocation data or other offer eligibility information; use of stolen identities; interfering with the Services or the Content such as by use of bots, crawling, or spam; or attempting to decompile or reverse engineer (other than as permitted by law) any source code found on or within the Services.

You are strictly prohibited from violating our Use Restrictions. Any violation will result in an immediate suspension or termination of your User ID, and your access to the Services, in addition to any other equitable or legal remedies available to us, to which we reserve all rights.

4. Your Representations, Warranties and Covenants. By using our Services, you represent, warrant and covenant that you are a real, non-corporate person using the Services for your personal enjoyment and not for commercial gain, and that you will comply with these Terms at all times, including without limitation by providing us with truthful and accurate information, not abusing our Services in any manner.

5. Indemnities. As a condition to using our Services, you agree to indemnify and hold harmless Tapjoy, and its affiliates and subsidiaries, from all damages, losses and expenses of any kind, including reasonably legal fees and associated costs arising out of or otherwise related to your use of the Services. This means that if someone sues Tapjoy due to your conduct in using our Services, you will be legally and financially responsible.

6. Disclaimers and Limitations on Liability. We use commercially reasonable efforts to provide you with an enjoyable experience. However, we do not promise or guarantee anything about your use or experience with the Services or the Content.

DISCLAIMER OR WARRANTIES. Tapjoy has no special relationship with or fiduciary duty to you. You acknowledge that Tapjoy has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Tapjoy from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tapjoy makes no representations concerning any Content contained in or accessed through the Services, and Tapjoy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.  TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW,, THE SERVICES, WEBSITE, APPLICATION AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  TAPJOY FULLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, THE APPLICATION, THE SERVICES, THE CONTENT INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  NON-INFRINGEMENT, AND ERROR-FREE OR UNINTERRUPTED SERVICE.

LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAPJOY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE APPLICATION, THE SERVICES, THE CONTENT OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $10; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TAPJOY’S REASONABLE CONTROL.

7. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. If you are a resident of a European Union Member State and you wish to institute an action arising from or relating to the subject matter of this Agreement, you may choose to do so either in the national courts of your country of residence, or through binding arbitration in San Francisco County, California as set forth below. For all other users residing outside the European Union, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California, and you hereby waive any right you may have, either now or in the future, to institute a claim in any other jurisdiction or venue. Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Tapjoy in any respect whatsoever.

8. Third Party Websites and Applications. The Services may contain links to third party websites and/or applications that are not owned or controlled by Tapjoy (collectively, “Third Party Sites”), or the Services may be accessible by logging in through a Third Party Site or service. When you access Third Party Site, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any Third Party Sites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Tapjoy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Sites. In addition, Tapjoy will not and cannot monitor, verify, censor or edit the content of any Third Party Site. By using the Services, you expressly relieve and hold harmless Tapjoy from any and all liability arising from your use of any Third Party Site. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Tapjoy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Tapjoy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Tapjoy, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

9. Term and Termination. These Terms will remain in effect between you and Tapjoy for as long as you continue to use our Services. You may terminate this Agreement at any time for any reason by using the “Close Account” function on the Website. If you are dissatisfied with the Services, your sole remedy is to discontinue your use of the Services.

Tapjoy may terminate this Agreement at any time, with or without notice for any or no reason, or for your breach of any portion of these Terms. We may suspend your access to the Services at any time for any or no reason, including through the termination of your User ID and all associated information.

Upon termination of these Terms, whether by us or by you, all rights and licenses given to you by this agreement shall cease. Sections 3-7 of these Terms shall survive any such termination.

10. Miscellaneous. These terms supersede and replace any prior agreements regarding your use of the Services and do not create any third party beneficiary rights.

If for some reason we do not take prompt action regarding your violation of these Terms, this will not mean that we are giving up the right to do so in the future.

If for some reason any portion of these Terms is found to be unenforceable between the parties, that shall not affect the rest of the Terms.

If these Terms conflict with any other terms of use for services that we are providing to you, the other terms shall control over these Terms. Under no circumstances, however, will any terms create third party beneficiary rights.

You may not assign or transfer this agreement, or any rights or obligations granted under these Terms, to any other person without our express written consent. Tapjoy may freely assign its rights or obligations without your consent.

11. Contact Information. If you have any questions or concerns about our Services, you can contact us via email at rewardhelp@support.tapjoy.com, via regular mail, at Tapjoy, Inc., 111 Sutter Street, 12th Floor, San Francisco, CA 94104, Attention: Customer Service, or by calling us at 415-766-6905.