Tapas Services (“Tapas,” “Tapastic” or “Services”) are provided by Tapas Media, Inc. (“We,” “Our,” “Tapas” or “Tapastic”) to you (“User” or “Users”).
Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version (found at https://tapas.io/terms). Tapas Media may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 5 days after they have been posted. Nothing in these Terms of Service shall be deemed to confer any third party rights.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Tapas Media and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are tons of other fantastic websites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service apply to all users of Tapas Media’s Services, including users who are also contributors of Content to the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of any Tapas Media product, including but not limited to software and services offered via the Tapas app, Tapastic website (such as the Tapastic Forum), Share, Subscribe, RSS and Embed features, Dashboard and other applications.
The Service may contain links to third party websites that are not owned or controlled by Tapas Media. Tapas Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Tapas Media will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Tapas Media from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave a Tapas Media Service and to read the terms and conditions and other policies of each other website that you visit.
Tapas Media User Accounts
In order to access some features of Tapas Media Services, (for example: Uploading content and using the “Creator Dashboard”) you will have to create a Tapas Media user account. You may never use another’s user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tapas Media immediately of any breach of security or unauthorized use of your account.
Although Tapas Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tapas Media or others due to such unauthorized use.
General Use of the Service
Tapas Media hereby grants you permission to access and use their Services as set forth in these Terms of Service, provided that:
You do not alter or modify any part of the Service.
If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the Tapastic website.
If you use the Tapas Media Uploader, you agree that it may automatically download and install updates from time to time from Tapas Media. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Tapas Media to deliver these to you) immediately as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing “pageviews,” “subscribers,” or “likes” or other elements that contribute to a series popularity or advancement within any programs that Tapas Media offers to users.
Notwithstanding the foregoing, Tapas Media grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Tapas Media reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
In your use of the Service, you will comply with all applicable laws.
Tapas Media reserves the right to discontinue any aspect of the Service at any time.
Your Content and Conduct
As a Tapas Media product account holder you may submit Content to certain Tapas Media Services, including comics, images, animated gifs, links and user comments. You understand that Tapas Media does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on a Tapas Media Service.
You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
You further agree that Content you submit to a Tapas Media Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant Tapas Media all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Tapas Media’s Content Policy, currently found at https://tapastic.com/policies/content, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Tapas Media does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Tapas Media expressly disclaims any and all liability in connection with Content. Tapas Media does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Tapas Media will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Tapas Media reserves the right to remove Content without prior notice.
Tapas Media does not claim ownership rights of your Content. Your Content belongs to you and Tapas Media does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings Tapas Media may provide.
For the purpose of enabling Tapas Media to make your Content available on our platforms, you hereby grant Tapas Media an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
If you agreed to participate in one or more of Tapas Media’s Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. Tapas Media does not claim ownership right in your Content when you participate in our Tapas Media Programs.
Tapas Media will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on Tapas Media platforms from direct advertisers or third parties may be served with Content. In a case where Tapas Media offers an opportunity for Content owners to potentially benefit from compensation outside of Tapas Media platforms, such as licensing for merchandising, publication through non-Tapas Media channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
In order to promote, publicize, market and further the success of your Content and Tapas Media as a whole, you hereby grant Tapas Media an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a Tapas Media platform, or give to Tapas Media, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
Right of First Refusal
If user desires to sell, license, exercise or otherwise dispose of, indirectly or directly, any rights or any interest in any content posted on the Platform (the “Offered Right”), then the user shall give written notice to Tapas Media of such desire. Commencing upon Tapas Media’s receipt of such notice there shall be a 30 day period in which user will negotiate in good faith with Tapas Media for Tapas Media’s acquisition of such offered rights. If by the end of 30 days no agreement has been reached or if at anytime Tapas Media declines interests in the offered rights, then the user shall be free to negotiate elsewhere with respect to such offered Right.
Written notifications can be sent to firstname.lastname@example.org with subject ‘Offered Right.’
Tapas Media Programs
Ad Revenue Program
We use direct advertisers or third-party advertising companies to serve ads when users visit our website. These companies may use information (except for your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you are over 18 years of age you may submit your application to participate in our Ad Revenue Program via our Dashboard. Please review the submission guideline prior to submitting your application. You may withdraw from participating in our Ad Revenue Program at any time with a notice sent to email@example.com.
Although we make the best effort to bring high CPM ads and use the latest ad serving technology in order to ensure ad delivery, we cannot guarantee minimum CPM or ad delivery rate.
Payment and Fees
You must have an active Paypal Account in order to request and receive payment. Our users reside in various countries all over the world, and hence, Paypal has proven to be the most efficient and reliable method of payment at this time. There may be Paypal transfer fees associated in certain countries determined by Paypal, not by us.
You hereby agree to a fee of thirty percent of revenue (30%) for our Ad Revenue Program. Tapas Media covers all third party credit card transaction expenses.
All government taxes associated with your income resulting from all payments shall be your sole responsibility. If your income from our service exceeds $600, you will receive W-9 (U.S. residents) W-8BEN (international residents).
You may submit a request for payment transfer only when the available balance in the revenue tab of your dashboard is greater than or equal to $25.00 (“Minimum Balance”). If the amount of the payment is less than the Minimum Balance, then the payment will be held until Minimum Balance is reached. When Minimum Balance is reached, you must click the Request Transfer button on the Revenue tab of your dashboard in order to begin the payment process. It will take 3-5 business days to transfer the requested payment amount to your Paypal Account. Tapas Media is not responsible for any error with your Paypal account or information.
Virtual Currency and Purchases
While viewing content on one or more of Tapas Media’s platforms, you may have the opportunity to visit an in-app or online store. From there you may have the opportunity to use an online “currency” to license a variety of virtual goods such as episodes of a story. You may also be awarded virtual Keys, Coins, or other currency to use for virtual “shopping.” These currencies have no “real world” value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency will be included in your account until the earlier of that item’s expiration date, your account’s expiration or termination date, or such date when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. Tapas Media no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any Tapas Media platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including “real” money) or otherwise. You acknowledge that any virtual currency you receive on any of Tapas Media’s platforms is not “real” currency or any type of real world financial instrument. Furthermore it is not redeemable for any sum of money from Tapas Media at any time.
Tapas Media thanks you for supporting our services. Without your purchases and participation Tapas Media would not be able to provide you the services we have build and improved upon since 2012. That said, your purchases and trust are very important to us and we want your experience to be the best it can be.
In most instances Tapas Media does not own the content we license to our readers. That being the case there may be times when content you have paid to be able to view is removed from our platform by the content owners before you have had a chance to view it. If this happens, and if you have made a purchase to view content that is removed within 7 days of your purchase, please contact firstname.lastname@example.org with the subject CONTENT REMOVED BEFORE VIEWED and we will work with you to exchange your remaining Keys for Tapas Coins.
You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line “Opt Out Notice” to Tapas Media via email at email@example.com.
Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to Tapas Media, the program or any other users (in each case as determined by Tapas Media’s sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
Tapas Media will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Tapas Media reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Tapas Media may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information by mail to 1479 Folsom Street San Francisco, CA 94103 or by email with the subject line “Copyright” to firstname.lastname@example.org in writing (see 17 U.S.C 512(c)(3) for further detail):
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 at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Tapas Media, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Warranties and Disclaimers
Other than as expressly set out in these terms or in additional terms, Tapas Media will not make any specific promises about the Service. For example, Tapas Media will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. Tapas Media provides the Service AS IS.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release Tapas Media and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any Tapas Media Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Limitation of Liability
The Service will be governed, construed and interpreted under the laws of the United States. Members agree to be bound by these Terms of Service and by the decisions of Tapas Media, which are final. Tapas Media reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorized human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or Tapas Media otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, Tapas Media reserves the right to deny all benefits and obligations that it may have.
When permitted by law, Tapas Media will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Tapas Media, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
In all cases, Tapas Media will not be liable for any loss or damage that is not reasonably foreseeable.
In case of any conflict or inconsistency, further agreements between you and Tapas Media supersede these Terms of Service.