1. Acceptance of these Terms of Use
By installing, accessing, and/or using our services, you agree to these Terms of Use (the “Terms”). If you do not agree to these Terms, please uninstall or do not install, access, or use our services.
In particular, you agree to the arbitration agreement and class action waiver described in Section 19 below.
2. Introduction
These Terms set out the terms and conditions that apply to all services provided by Tapped Ltd, including our applications, platforms, and related products or services (the “Services”).
Any references to a “EULA” or “End User License Agreement” in our Services shall be deemed to refer to these Terms.
Please note that any translation of these Terms is for informational purposes only, and in case of conflict or ambiguity, the English version shall be conclusive.
3. About Us
Tapped Ltd (“we”, “us”, “our” or “Tapped”) is a private limited company registered in England and Wales with company number 11559316. Our registered office is at 209, Chester House, Kennington Park, 1-3 Brixton Road, London, SW9 6DE, England.
4. License
Our software is licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, including the Rules of Conduct below, we grant you a personal, limited, non-transferable, revocable, and non-exclusive license to: (a) use our Services for your own personal use; and (b) make and publicly display audiovisual footage of you using our Services (“Your Streaming Footage”) on online video streaming and social networking services. We reserve any rights in our Services not explicitly granted to you under these Terms.
5. Content and UGC
Our Services include Content. "Content" refers to all materials, information, technology, software, and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips, and video clips, and the selection and arrangement thereof. Content also includes user-generated Content (“UGC”), which means Content contributed by users of our Services, including user display names and profiles. All Content is and will remain the exclusive property of Tapped or its licensors and is protected by copyright, trademark, trade secret, intellectual property, and other laws.
When you contribute UGC to the Services, you:
represent, warrant, and agree that you have all necessary rights and authorizations to publish such Content through our Services or share it with us, and to grant the rights that you grant herein;
grant to us and our licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment, or attribution of any kind to you or any third party;
grant all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution, or compensation to you;
waive any moral rights and rights of publicity and privacy you may have in such UGC, to the fullest extent permitted by applicable laws; and
agree that you are solely responsible for the UGC that you contribute.
You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, these Terms, or a third party’s right of privacy or right of publicity. We may remove, edit, or disable UGC at our sole and absolute discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Services. We do not endorse any UGC available on our Services.
6. Virtual Features
Our Services include Virtual Features. "Virtual Features" refers to rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins, and currencies. When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable, and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade, or transfer Virtual Features or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
7. Updates, Online Server Support, and Interruptions
We may, by automatic update or otherwise, change, modify, or update Services, Content, or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance gameplay and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and Virtual Features under your control. If our Services use online servers, we make no commitment to continue to make those servers available and may terminate online features at any time.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise, with or without prior notice, to perform maintenance on our Services. You acknowledge that we may interrupt, suspend, or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates, or interruptions to our Services, or the discontinuation of any Services.
8. Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
9. Fraud and Cheat Detection
To provide users with a positive, fair, and competitive experience on the Services, we may use certain software, tools, and technologies (“Fraud and Cheat Detection”) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorized or fraudulent activity on the Services (“Fraud”) or (ii) give you or other users a competitive advantage within the Services (“Cheats”), including bots, hacks, add-ons, malware, scripts, and mods not expressly authorized by us.
You will not:
use or encourage the use of Cheats;
engage in or encourage others to engage in Fraud;
reverse engineer, decompile, hack, or otherwise maliciously interact with the software used for the Services for the purposes of engaging in or encouraging others to engage in Fraud or Cheats;
develop, market, offer, sell, distribute, support, or otherwise make available any Cheats; or
attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools, or technologies used to detect and prevent Fraud or Cheats.
Fraud and Cheat Detection software may also be installed during your installation of our software. If you do not agree to install the Fraud and Cheat Detection software or at any time remove or disable the Fraud and Cheat Detection software, the license to the Services granted to you automatically terminates, and you may not use the Services. The Services or the Fraud and Cheat Detection software may collect and transmit details about your account, gameplay, and potentially unauthorized programs or processes in connection with Fraud and Cheat Detection. If Fraud or Cheats are identified, you agree that we may exercise any or all of its rights under these Terms.
10. Rules of Conduct
You shall not, and shall not attempt to, do any of the following:
use or allow the use of our Services for any purpose or activity that is illegal, unlawful, or not expressly authorized under these Terms;
sell, rent, lease, share, or provide access to your account for the Services to anyone else, or use another user’s account;
modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of our Services;
reverse engineer or attempt to extract or otherwise use source code or other data from our Services;
use our Services to build a service or game that would compete with our Services or assist another person in building a service or game that would compete with our Services;
remove any proprietary, copyright, trade secret, or warning legend from our Services;
make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features, or functionality of our Services, or the legal rights or obligations that anyone has in regards to the Services; or (b) adversely affects our rights in an unfair or illegal manner;
damage, disrupt, impair, or interfere with our Services, any server, network, or system used to support or provide our Services, any person’s property, or another user’s use or enjoyment of our Services, such as by engaging in denial-of-service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, or time bombs;
probe, scan, or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
harass, threaten, bully, embarrass, spam, or do anything else to another user of our Services that
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