Welcome to TappnEd, our interactive video platform and related services (collectively, the “Service”). These Terms of Use govern your use of the Service on our Web site at http://www.TappnEd.com, as well as any mobile sites, mobile applications, and other internet points of presence that we make available to you as part of the Service (collectively, the “Site”). “Service,” as used in these Terms of Use, means the Web-based services we make available to users.

By using the Service, you accept these Terms of Use. If you do not agree with any of these Terms of Use, you may not use the Service. As used in these Terms of Use, “TappnEd”, “we,” “us” or “our” means Urban Marketing Pty Ltd who is the owner of the Service.

Modifications

We reserve the right to modify these Terms of Use by posting an updated version on our Web site from time to time.

Privacy

Your use of the Service, and our use of any personal information and content you submit to the Service, is governed by our Privacy Policy. The Privacy Policy also governs our collection and use of email addresses, mobile phone numbers, names and user information. We encourage you to review our Privacy Policy to familiarize yourself with our privacy practices.

Who May Use The Service

You must be at least 13 years old to use the TappnEd Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Service. Please have him or her read this Agreement with you. By using the Service, you represent that you are at least 13 years of age. COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Service from a child under 13 where that student’s educator, and/or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Service and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your educator, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Service. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her educator, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at privacy(at)TappnEd(dot)com.

If you are an educator, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Service. When obtaining consent, you must provide parents and guardians with our Privacy Policy. If you are a teacher, you represent and warrant that you have permission and authorization from your education organization to use the Service as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your educator. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Service, you agree to the Terms of Use on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Service. If your child is using the Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

Using The Service

The Service allows educators to organize their resources and present them using our technology. To use the Service, you must first create an account on our Site with a unique email and password. You are responsible for all use of the Service that occurs under your user account.

Consent To Make Your Courses Public

You consent to make your courses public unless marked in the system as Private.

Consent to Receive Periodic Messages from Us. As part of the Service, we sometimes cause administrative messages to be sent to users to explain or assist in providing the Service. We may send other messages as well, including promotional messages.

Stopping communication. If you do not want to receive any email messages via our Service, you may respond to any message to be unsubscribed or unsubscribe via your account settings options.

Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);

Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

Exploits minors;

Depicts unlawful acts or extreme violence;

Depicts animal cruelty or extreme violence towards animals;

Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or Violates any law.

No Liability For Your Message Content

We assume no liability whatsoever for the content of the resource you use at the Service. We reserve the right to block any resource that we reasonably believe may subject us, our service providers or our users to liability.

Code of Conduct

In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:

Act in a deceptive manner by, among other things, impersonating any person;

Harass or stalk any other person;

Harm or exploit minors;

Distribute “spam”;

Collect information about others; or

Advertise or solicit others to purchase any product or service within the TappnEd Site (unless you are an official TappnEd partner or advertiser and have a written agreement with TappnEd).

TappnEd has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.

Subscriptions and Purchases

In addition to offering Basic (free) TappnEd memberships, we offer Professional, Premium and Enterprise subscriptions. Features and prices are subject to change. Storage limits are calculated based upon source files. We may also offer add-on features and packages. Educators who wish to obtain additional storage may request a custom account by contacting us. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

CANCELATION AND REFUNDS: Users who purchase monthly subscriptions have five (5) days after their 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 TappnEd. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us. Refunds are subject to a fair use policy.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. TappnEd reserves the right to deny subscriptions, renewals, and other purchases for any reason.

END OF SUBSCRIPTION: When a TappnEd paid subscription ends, the account automatically becomes a Free account and TappnEd may disable access to or delete any content to comply with Free account limits. When a custom subscription ends, the account and its content will be deleted if the subscription is not renewed.

OTHER PURCHASES: Purchases of other products and services through the Service are subject to other terms and conditions that are presented to you at the time of purchase.

Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Service and continues as long as you have an account with us

ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: TappnEd may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if TappnEd determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TappnEd’s reputation and goodwill. If TappnEd deletes your account for the those reasons, you may not re-register for the Service. TappnEd may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TappnEd will terminate. Sections Term and Termination, and Indemnification, Third Party Copyrights, Disclaimers, Limitation of Liability, Compliance Notice Pursuant to U.S.C § 2257 and Miscellaneous shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. TappnEd shall not be responsible for the loss of such content.

Your Content; License

As between you and us, you own all intellectual property rights in any text, graphical, video or other content you on the form of Google Documents, Dropbox, embeds, media links, or Local Resources or otherwise submit to or through our Service (“Your Content”). You hereby grant us a non-exclusive, transferable, sublicensable, fully paid, royalty-free, perpetual, irrevocable, worldwide license to use, to display online and in any present or future media, to create derivate works of, to allow downloads of and/or distribute any such file or content, and to modify Your Content in order to make the Service and its features available to you and other users. You agree that we may distribute, display, and make available Your Content in accordance with the description of our Service on our Site.

You represent and warrant that you either own, or have all rights and permissions necessary to submit, Your Content for distribution to other users through our Service, including any video, text, links, images, and other media you include in Your Content.

Upon termination of this Agreement for any reason, we will delete Your Content from our Site. We have no obligation to make Your Content available to you after termination.

License To Other Users

You further grant all users of the Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g. a Creative Commons license).

Duration Of Licenses

The above licenses will continue unless and until you remove your videos from the Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that TappnEd has no control over such caching.

Your Obligations When Using The Service.

You agree not to:
falsify your identify in regards to your role or occupation as an Educator;

“frame,” distribute, resell, or (except as expressly allowed in these Terms of Use) permit access to the Service by any third party;

use any robot, spider, data gathering, scraping or extraction tool or similar mechanism to access or attempt to view or obtain data from our Service;

include anything in Your Content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity;

include in Your Content any material that is obscene, illegal, threatening, or defamatory, or that contains software viruses, commercial solicitations, political campaigning, or any other form of “spam”;

interfere or attempt to interfere with the Service or any other user’s access to the site;

reverse engineer, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the Service (including any feature, widget or application made available through the Service);

use resources through the Service from users who have not consented to share such resources;

use the service in violation of any applicable law; or

violate any agreement with your wireless service provider in connection with using the Service.

Our Intellectual Property Rights

Except for Your Content (and content posted by other users), all text, graphics, logos, icons, and other content on the Service is the property of Urban Marketing Pty Ltd, and protected by Australian and international copyright laws.

The technology we use to provide the Service, including without limitation software code or executables that we may make available to you in connection with using the Service, is exclusive property and covered by intellectual property laws in their respective jurisdictions.

Third Party Copyrights and Other Rights

TappnEd respects the intellectual property rights of others. If you believe that your copyright has been infringed, please contact us by email at the Contact page located in the main menu.

Links To Third Party Sites

We may maintain links from our Service to third party Web sites. We do not evaluate, and we are not responsible for, the content of any such third party Web sites. Your use of any such third party Web site you visit is governed by the Terms of Use and privacy policies of such third party Web site, not by these Terms of Use.

Disclaimer Of Warranties

We provide the service (and any content, features, applications, or products offered or made available through the service) “as is.” We do not make any warranties of any kind with respect to the service, nor do we guarantee that the service will be continuously available or secure. We disclaim all express and implied warranties with respect to the service, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation Of Liability

We will not be liable to you for any lost profits or for any incidental, indirect, special or consequential damages, regardless of the cause of action and even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising under this agreement will not exceed $100 (or, if greater than $100, the amount of fees you have paid to us for the service during the 12 month period preceding the applicable claim).

Indemnification

You agree to defend, indemnify and hold us harmless from and against any claims, actions, causes of action, or proceedings brought by a third party, and all resulting damages, costs (including reasonable attorney’s fees), expenses, penalties and other liability, that arise out of Your Content or your breach of these Terms of Use.

Governing Law; Disputes

These Terms of Use are governed by the laws of the New South Wales, without regard to its conflict of laws rules. The exclusive venue for any action or dispute arising out of these Terms of Use will be the state and federal courts located in Sydney, New South Wales, and you hereby submit to the personal jurisdiction of those courts.

Miscellaneous

These Terms of Use form the entire agreement between you and us with respect to the use of the Service. It supersedes any prior or contemporaneous agreements or communications between us. If we fail to enforce any term of these Terms of Use, it will not be considered a waiver. Any amendment to these Terms of Use must be made in a writing signed by us or made in accordance with Section 1 of these Terms of Use. All of our rights under these Terms of Use are freely assignable by us, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms of Use do not confer any right on any third party.