TappUm Terms of Service

These terms in two words: don’t be a dick, and don’t show your dick (too much)

TappUm is offered by TappUm B.V., Oude Torenstraat 51, 1211BV, Hilversum, The Netherlands. For any question about these terms you can mail us at legal@tappum.com.

When you download, access or use the mobile application, websites, or other products or services of TappUm, you agree to be bound to these terms of service. This includes viewing videos, creating and uploading them, and commenting on and sharing videos.

If you use TappUm on behalf of a company, entity or organization, you represent and warrant that you can represent that company, entity or organization, have read and understand these terms, and that you agree to the terms on behalf of this company, entity or organization.

If you use another service together with TappUm, that service will have its own terms that apply. For example, if you share a Tappum video via Instagram, the Instagram terms will apply to that, and if you login or with Facebook or share something to it, the Facebook terms apply.

1. Your TappUm account – use it, don’t loose it

If you register for a TappUm user account on the website or through the app, you provide a valid email address, password and a username in order to complete the registration process. You cannot make an account under someone else’s name. You are responsible for maintaining the confidentiality of your login credentials, and are fully responsible for all activities that occur under your login credentials. If you use the TappUm services in a way that is not authorized by these terms of service, including in a way that is not allowed under our community rules, we can suspend your account temporarily or delete it, along with any content that goes with it.

You agree to immediately notify TappUm of any unauthorized use of your login credentials or any other breach of security. You may not register twice or use more than one set of login credentials when you access or use the TappUm services. Sharing your login credentials with anyone else is a violation of these terms of service, and if at any time TappUm learns that you have given others access to your login credentials, TappUm reserves the right to terminate your account and your access to the TappUm services immediately.

You can use some TappUm features without a user account. In that case these terms also apply.

TappUm may, in its sole discretion, refuse to offer the services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the services, or any portion thereof, and block or prevent your future access to and use of the services or any portion thereof.

2. Consent for younger people – if you’re younger than 18, tell your parents you use TappUm

TappUm is intended for people who are at least 13 years old. If you are younger than 13, you cannot use TappUm. If you use TappUm, you confirm that you are either at least 18 years of age, or an emancipated minor, or have consent from a parent or guardian, and are fully able and competent to enter into these terms and to follow them, and to use TappUm and provide TappUm with personal data when you use TappUm.

3. How to use TappUm – where we describe what you can and cannot do when you use TappUm

TappUm consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to videos, text, graphics or other materials. (collectively, "User Content").

If you use TappUm for commercial purposes, you have to follow local rules and regulation about advertising and promotions. You will make clear that TappUm is not responsible for or endorses your message. You can do this by displaying “This is a promotion from [channel name]. TappUm does not sponsor or endorse broadcaster promotions and is not responsible for them.” or another suitable message.

When using TappUm and posting TappUm content it is not permitted to:

  • Infringe on the intellectual property rights of TappUm and/or its suppliers, including copyright, database rights, neighboring rights, trademark rights, patent rights or other rights of industrial or intellectual property, and personality rights.
  • Collect personal data of other users of this services or to publish personal data from anyone other than yourself.
  • To offer goods and/or services for sale, for rent, for loan or otherwise; to advertise illegal goods or services.
  • To disrupt or limit the operation of the TappUm services, which in any case is understood to include the circumvention of technological protection measures, the damaging of a computerized work and/or stored data of TappUm and/or parties engaged by it, and the overloading of computer-systems and/or computer-networks of TappUm and/or of parties engaged by it. This includes using a robot, spider, scraper, crawler or other automated means to access the TappUm services for any purpose, or making use of user content beyond what is allowed by these terms.
  • To post abusive, libelous, harassing, offensive, discriminatory, defamatory, rude or otherwise indecent (all to be assessed by TappUm in its sole discretion) content, directed at one or more individuals or institutions.
  • Use or attempt to use another user’s account without authorization.
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • Engage in any harassing, intimidating, predatory, or stalking conduct.
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  • Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent.
  • Develop any third-party applications that interact with user content or the services without our prior written consent.
  • To otherwise act in breach of any law or applicable regulation, or to otherwise act unlawfully to or harm TappUm and/or third parties engaged by it.

You agree that only you are responsible for your user content and any claims arising therefrom, and that TappUm is not responsible or liable for any user content or claims arising therefrom.

While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete user content at any time and for any reason. We also reserve the right to take technical and legal measures, insofar necessary, in order to enforce compliance with these terms of service.

4. TappUm services and availability – TappUm generally works, except when it doesn’t

We use the Internet. We don’t control it, and it doesn’t always work. We also depend on the proper functioning of your devices and Internet connection. This can mean that TappUm does not work on your device or does not work on your device all the time. TappUm cannot guarantee that the services and/or the games offered on it and/or other services are available at all times to you.

TappUm reserves the right to temporarily interrupt the services and/or the games/services provided thereon in order to provide for maintenance of, or upgrades or improvements to the services, the games/services in question or TappUm' computer systems.

TappUm reserves the right to add or remove features at any time, including offering new premium features.

You agree that TappUm immediately begins with the performance of its services, and that you consequently do not have the right to rescind the agreement for a period of seven to fourteen days following section 7:46d(i) of the Dutch Civil Code (or the relevant local implementation of the relevant provisions of Distance Selling Directive (Directive 97/7/EC) or the Consumer Rights Directive (Directive 2011/38/EU), whichever applies.

You are responsible for any data charges when you use TappUm.

5. Copyright – don’t steal someone else’s work

The intellectual property rights to content offered on TappUm are the property of TappUm, other TappUm users, or another third-party that has given TappUm permission to use it as part of TappUm.

TappUm hereby gives you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to the TappUm content, in order to view, share and comment on the TappUm content in line with the provisions of these terms.

You retain all ownership rights the TappUm content you post. However, by submitting content to TappUm, you give us a limited, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, modify, adapt, edit, publish, and create derivative works from, distribute, perform, promote, exhibit, and display such content in any and all media or distribution methods, now known or later developed, subject to any privacy settings you have set to control who can see your content. This license is valid until you remove such content, or delete your account. Any content that was already shared outside of TappUm, by you or another user, may remain available.

With regards to the TappUm app and site functionality, except insofar as permitted by binding law, you may not reproduce, decompile or reverse engineer the software made available to you.

If you share any ideas or feedback about how to improve TappUm, you agree that we can use this without restriction.

6. Warranties, and limitation of liability – we exclude it mostly

The TappUm service is provided as is. TappUm does not warrant that the services offered will operate without interruption, be error free or suitable for any specific purpose, or that errors or other problems will be resolved in new or different versions of the services. More specifically, we cannot guarantee that there will be no unauthorized copying of your user content.

The services contains links and/or hyperlinks, in the form or advertisements or otherwise, to other content or services that TappUm does not manage. These are included for informational purposes only and selected in good faith for TappUm’ target audience. TappUm gives no warranty and accepts no liability for the content, use and availability of such content or services.

TappUm assumes no liability for any damage resulting from the use of the services, from the incompleteness and/or inaccuracy of the information provided on the services, or for any damage that is the result of the services being (temporarily) unavailable. Insofar there is any liability of TappUm, this liability is at all times limited per event (whereby a connected series of events counts as one event) to EUR 10.00. These limitations do not apply in the case of intent or gross negligence.

You agree to indemnify, defend, and hold harmless TappUm, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of TappUm services and any user content you post, upload, use, distribute, store, or otherwise transmit through the services or that are the result of your violation of these terms, the rights of another, or applicable laws and regulations.

7. Changes to the terms, disagreement

TappUm has the right to amend these terms at any time. If we have your e-mail address, we will send you an e-mail about this. If the changes are negative for you, and you objects to the changes of the terms of service, you and TappUm both are entitled to terminate their agreement with a one-month notice (unless where your termination are rights as per mandatory legal obligations). Until termination has been finalized, the original terms of service remain in effect.

Dutch law applies to the services and the use thereof, with the exclusion of its conflict of law rules. Any disputes arising from the use of the services and/or information retrieved from the services will exclusively be submitted to the competent court in the place of registration of Company (currently Hilversum, The Netherlands), without prejudice to a users rights to adjudicate a local court if so prescribed by mandatory consumer law.

In the event that any provision of these terms of services are declared void or unenforceable, parties will replace such void or unenforceable provision(s) with a valid and enforceable provision that is as close as possible to the economic, legal and commercial objectives of the void or unenforceable provision.

8. If you use TappUm with an iOS device

If you download the TappUm app from the marketing platform “App Store” which is operated by Apple, Inc. (“Apple”) then provisions of this section also apply, in addition to those of the rest of terms.

  1. TappUm and you acknowledge that the terms are concluded between TappUm and you only, and not with Apple, and TappUm, not Apple, is solely responsible for the app and its contents.
  2. The app may be accessed, acquired, and used by other accounts associated with you via Family Sharing.
  3. TappUm is solely responsible for providing any maintenance and support services with respect to the app as required under applicable law. TappUm and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the TappUm app.
  4. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TappUm’s sole responsibility.
  5. TappUm and you acknowledge that TappUm, not Apple, is responsible for addressing any claims of you or any third party relating to the app or the end- user’s possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The terms do no intend to limit TappUm’s liability to you beyond what is permitted by applicable law.
  6. TappUm and you acknowledge that, in the event of any third party claim that the app or the end-user’s possession and use of that app infringes that third party’s intellectual property rights, TappUm, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You can find TappUm’s address for questions, complaints or claims with respect to the app at the beginning of these terms.
  9. You must comply with applicable third party terms of agreement when using TappUm, such as the YouTube terms when you share to YouTube.
  10. TappUm and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the terms, and that, upon your acceptance of the terms and conditions of the terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms against you as a third party beneficiary thereof.

Copyright Claims

If you feel that any content on TappUm violates your copyright or other legally protected rights, please contact us at legal@tappum.com or by writing to us at the address above. We’ll expeditiously review any claims, please make them as complete as possible.