Terms of Use

Read this Terms of Use Agreement before accessing the tapbooty.com website.

Effective Date: This Terms of Use Agreement was last updated on April 1, 2013.

Tapbooty is provided by M80 Labs, Inc. This Terms of Use Agreement sets forth the standards of use of M80 Labs, Inc. (the “Service”). By using the tapbooty.com website (the “Site”) you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at tapbooty.com Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

M80 Labs, Inc. is providing Member with the Service via the Site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

By using the Site, you agree to only use the Service that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by M80 Labs, Inc. via a separate click through or signed agreement.

Your right to use the Site and Service is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with these Terms of Use and any separate agreement between you and M80 Labs, Inc. and subject to the limitations set forth herein, you are authorized to access the Site and, to the extent you are eligible or otherwise subscribe, the Service. You are responsible for obtaining any equipment and Internet service necessary to access the Site and Service.

Except as expressly set forth in these Terms of Use or other written agreement between you and M80 Labs, Inc., no license or other right in or to the Site or Service are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

2. User Conduct

You may not use the Site or Service to:

  • acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
  • post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which M80 Labs, Inc. considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
  • sell or promote any products or services;
  • introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
  • display material that exploits children under 18 years of age;
  • post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  • promote, solicit or participate in multi-level marketing or pyramid schemes;
  • harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
  • impersonate any other person, including but not limited to, a customer or supplier of M80 Labs, Inc., or any persons associated with M80 Labs, Inc.;
  • publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
  • publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
  • intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Service, in any manner; or
  • invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

You shall not: (a) modify, adapt or create derivative works based on the Site, the Service available from M80 Labs, Inc. or the Site’s content; (b) "frame" or "mirror" any content or create Internet “links” to or from the site; or (c) disassemble, reverse engineer, or decompile the Service provided via this Site or its content, or access the Site or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.

Any special rules for the use of certain content accessible through Services available through this Site may be included elsewhere within the site and are incorporated into these Terms of Use by reference.

M80 Labs, Inc. reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates these terms and conditions for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Site and/or the Service.

3. Disclaimer of Warranties

The site is provided by M80 Labs, Inc. on an "as is" and on an "as available" basis. All content and features of the site and Service are subject to change or termination without notice in the sole discretion of M80 Labs, Inc.

To the fullest extent permitted by applicable law, M80 Labs, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, completeness or otherwise. M80 Labs, Inc. shall have no liability for any interruptions in the use of this Site, or for failing to correct defects, or for viruses or other harmful components spread by or through the site. M80 Labs, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

4. Limitation of Liability

M80 Labs, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR M80 Labs, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE, THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF M80 Labs, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold M80 Labs, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

M80 Labs, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. M80 Labs, Inc. shall not be liable to Member or any third party should M80 Labs, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that M80 Labs, Inc. does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by vendors or suppliers to M80 Labs, Inc. (“Vendors”) or collected from publicly available sources. No reference to any third party or third party product or service shall be construed as an approval or endorsement by M80 Labs, Inc. of that third party or of any third party product or service. M80 Labs, Inc. makes no representations or warranties as to the accuracy or reliability of any information provided on this Site. M80 Labs, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Law

Our Site is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts.

10. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Botnets

Use of botnets or any other automated means of accessing or using the Service, or to deceptively obtain item of value through the Site or Service are expressly prohibited and any such use shall constitute a violation of these Terms of Use. Use of botnets or other automated means to acquire rewards through the Site or Service constitutes fraud which M80 Labs, Inc. may fight through any legal means. M80 Labs, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, M80 Labs, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Notice and Takedown Procedure

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting M80 Labs Inc.’s copyright agent at m80labs-legal@m80labs.com and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
  • A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, M80 Labs, Inc. maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.

13. Indemnification

You agree to indemnify, defend and hold harmless M80 Labs, Inc., its affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to (1) your use of the Site or Service; (2) your violation of these Terms of Use, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (3) your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity.

14. Disputes

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, M80 Labs, Inc. shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. If any part of these terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. M80 Labs, Inc. may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

15. Copyright and Trademark Information

Trademark Information

Tapbooty is a trademark of M80 Labs, Inc. All other trademarks are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with M80 Labs, Inc.

Copyright Information

All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2013 M80 Labs, Inc., with all rights reserved, or is the property of M80 Labs, Inc. and/or third party licensors protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of M80 Labs, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of M80 Labs, Inc. Any use of the content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

16. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by M80 Labs, Inc., in our sole discretion, to a third party in the event of a merger or acquisition, but that you may not assign or transfer these Terms of Use without prior written consent of M80 Labs, Inc. This Terms of Use are the entire agreement between the parties relating to the subject matter herein, supersedes all previous communications, understandings and agreements (whether oral or written) and shall not be modified except in writing signed by both parties, in your express acceptance of other terms in the course of your use of this Site or by posting by of new Terms of Use from time to time; provided that, if you have an existing click through agreement or written agreement with M80 Labs, Inc., that existing click through agreement or written agreement shall continue in full force and effect without amendment by these Terms of Use. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. If you have any questions about these Terms of Use, please contact M80 Labs, Inc. by email at support@tapbooty.com.

Copyright © 2013 M80 Labs, Inc. All Rights Reserved.