Last Updated: January 31, 2014
Terms of Service
1. Description of the Service
TapHunter is an online marketing platform where individual users (“Users” or “You”) who are either bar owners looking to better connect to their customers by marketing their beer menus (each an “Owner”) or customers looking to find the best beer (each a “Customer”). By using the Service, either as an Owner or a Customer, you are agreeing to release, defend, hold harmless, and defend TapHunter free from any liability or damage that might arise out of the transaction between you and the applicable Owner or Customer. TAPHUNTER IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OWNER, CUSTOMER, OR OTHER USER OF THE SERVICE OR FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
The Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, the “Content”). Owners, Customers, and other Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content.
2. Your Use of the Service
ABILITY TO ACCEPT TERMS: You affirm that you are more than 21 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You shall not use the Website or the Services for any purpose that is prohibited by these Terms or law.
Except as expressly permitted by TapHunter in writing, you shall not (i) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) access the Service in order to build or promote a similar or competitive service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Service.
You shall not, and shall not permit any third party using your account to, use the Service to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks;
- attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means;
- harass or interfere with another User’s use and enjoyment of the Service;
- introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service;
- impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or
- display, mirror, or frame the Service.
3. Content and Restrictions
You are solely responsible for your Content. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable. You may not state or imply that your Content is in any way provided, sponsored, or endorsed by TapHunter. TapHunter is not obligated to remove any Content from the Service unless required by applicable law. TapHunter is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire. All Content you Sumbit must comply with the Beer Institute Advertising and Marketing Code http://www.beerinstitute.org/assets/uploads/BI-AdCode-5-2011.pdf.
You shall not, and shall not permit any third party using your account to, Submit any Content, that:
- violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
- is in violation of any laws, or obligations or restrictions imposed by any third party.
TapHunter has the right, but not the obligation, to monitor all conduct on and Content submitted to the TapHunter Service.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the Service, you must create an account by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TapHunter and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. TapHunter may refuse to grant you a username for any reason in our sole discretion, including in the event that TapHunter determines that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.
ACCOUNT SECURITY: You are entirely responsible for maintaining the confidentiality and use of your username and password and for any and all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at support@TapHunter.com.
6. Subscriptions And Purchases
OPTIONS: We offer TapHunter Plus and TapHunter Premium paid subscriptions. Please see our subscription pages for current Plus & Premium features and pricing. Features and prices are subject to change. When changes are made, TapHunter will post notice of the changes on the Website.
PAYMENTS: TapHunter charges and collects fees in advance. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. TapHunter may withhold performance and discontinue the subscription until all amounts due are paid in full. All amounts are in US dollars. All fees are exclusive of all taxes, and you shall be responsible for payment of all such taxes, excluding only United States taxes based solely on TapHunter’s income. You agree to provide TapHunter with complete and accurate billing and contact information. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, TapHunter may terminate your access to the Service in addition to any other legal remedies. By providing TapHunter with your billing information, you agree that TapHunter is authorized to immediately invoice your account for all fees due and payable to TapHunter hereunder and that no additional notice or consent is required.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by TapHunter. If you cancel a month-to-month subscription partially way through the month, your subscription will be cancelled at the end of the billing period. If you have questions, please contact support@TapHunter.com.
RENEWALS: Your subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue month-to-month, at TapHunter’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by emailing firstname.lastname@example.org or calling 619-512-2337. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your payment provider provided in your billing information now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if TapHunter does not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that TapHunter may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received. You will have thirty (30) days from the Renewal Commencement Date to cancel your subscription, in which case TapHunter will refund your subscription fee.
OTHER PURCHASES: Purchases of other products and services through the Service may be subject to other terms and conditions that are presented to you at the time of purchase.
TapHunter reserves the right to deny subscriptions, renewals, and other purchases for any reason.
7. Term And Termination; Account Deletion
TERM: Subject to this Section, these Terms will remain in full force and effect while you use the Service.
TERMINATION BY YOU: You may terminate your account at any time.
TERMINATION BY TAPHUNTER: TapHunter may, in its sole discretion, (i) suspend your rights to use the Service, (ii) terminate these Terms, (iii) suspend, disable, or delete your account (or any part thereof), and/or (iv) block or remove your Content, at any time for any reason. If TapHunter terminates your account, you may not re-register for the Service. TapHunter may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, your account, your right to access and use the Service, and all licenses granted by TapHunter will terminate immediately. All provisions of these Terms which by their nature should survive, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. In the event of account termination for any reason, your Content may no longer be available, however TapHunter reserves the right to continue to use your Content. TapHunter will not have any liability whatsoever to you for any termination of these Terms, including for termination of your account or the loss of such content.
8. Licenses Granted By You
As between you and TapHunter, you own all Content that you Submit to the Service. You acknowledge and agree that the Service contains Content provided by TapHunter and Users that may be protected by trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country (“Intellectual Property Rights”). You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Excluding Users’ Content, you acknowledge that and agree that all the Intellectual Property Rights in the Service is owned by TapHunter or TapHunter’s licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property Rights. TapHunter reserves all rights not granted in these Terms.
You grant TapHunter and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully paid, sublicensable license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), prepare derivative works of, incorporate into other works, and otherwise use your Content in connection with providing the Service. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
If you make suggestions to TapHunter on improving or adding new features to the Service, TapHunter shall have the right to use your suggestions without any compensation to you.
9. Your Representations And Warranties
For all Content that you Submit, you represent and warrant that: (i) you have the right to Submit the Content to TapHunter and grant the licenses set forth above; (ii) TapHunter will not need to obtain licenses from any third party or pay royalties to any third party; and (iii) the content complies with these Terms and all applicable laws.
10. Digital Millennium Copyright Act
TapHunter is committed to respecting and protecting the legal rights of copyright owners. As such, TapHunter adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to TapHunter’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
TapHunter’s Copyright Agent to receive DMCA Takedown Notices is:
Attn: TapHunter.com Copyright Agent
101 West Broadway, Suite 1120
San Diego, CA 92101
11. Social Media Sites and Third Party Links
12. International Users
The Service can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that TapHunter intends to announce such services or Content in your country. The Service is controlled and offered by TapHunter from its facilities in the United States of America. TapHunter makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend, and hold harmless TapHunter and its parents, subsidiaries, affiliates, directors, officers, employees, and agents, partners, and licensors, including reasonable attorneys’ fees and other legal costs, from and against any losses, costs, liabilities, claims, demands, and expenses relating to or arising out of: (i) your use of or inability to use the Service; (ii) your Content; (iii) your violation of any rights of another party; (iv) your violation of these Terms or any applicable laws, rules, or regulations. TapHunter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TapHunter in asserting any available defenses. You agree not to settle any matter without the prior written consent of TapHunter. TapHunter will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TAPHUNTER HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAPHUNTER, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, TAPHUNTER DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TAPHUNTER RESERVES THE RIGHT TO CHANGE ANY PART OF THE SERVICE AT ANYTIME WITHOUT NOTICE.
15. Limitation Of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER TAPHUNTER, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF TAPHUNTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TAPHUNTER AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TAPHUNTER AND ITS AFFILIATES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU HAVE PAID TAPHUNTER IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
16. General Provisions
GOVERNING LAW: These Terms shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention on Contracts for International Sale of Goods shall not apply.
DISPUTES: You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts located in San Diego, California. Any action arising out of or relating to this Agreement or your use of the TapHunter Service must be commenced in the state or federal courts located in San Diego, California. In any such action, TapHunter and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: These Terms constitute the entire agreement between you and TapHunter, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No failure or delay by TapHunter in exercising any right hereunder will not be deemed a waiver of any other provision or of such provision on any other occasion. TapHunter’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms or your rights and obligations hereunder without TapHunter’s prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. No third party shall have any rights hereunder. Your relationship to TapHunter is that of an independent contractor, and neither party is an agent or partner of the other.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TapHunter electronically and agree that all such information that TapHunter provides to you electronically satisfies any legal requirement that such information would satisfy if it were to be in writing. TapHunter may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may send an email to support@TapHunter.com. You may send notices of a legal nature to TapHunter at legal@TapHunter.com or the following address:
750 B St, Suite 1930
San Diego, CA 92101
Attention: Legal Department
Nothing herein shall limit TapHunter’s right to object to subpoenas, claims, or other demands.
MODIFICATION OF TERMS: TapHunter reserves the right to amend these Terms at any time in its sole discretion, effective upon posting of an updated version of these Terms on the Website. You are responsible for regularly checking the Website for changes to these Terms. Your continued use of the Website or the Service after any such changes are posted shall constitute your acceptance of such changes.