Last Updated: April 5, 2013
Acceptance Of Terms
AtomKnows, LLC ("AtomKnows", "we", "our" or " us") provides a service that allows members to organize their photos, notes and other content in a sharable online timeline through our mobile device app Tapsbook ("Tapsbook") for your app-enabled mobile devices. These Beta Site Terms of Service ("Terms") establish the terms and conditions under which AtomKnows will permit you to use a beta version of Tapsbook. These Terms govern your access to and use of Tapsbook and all text, graphics, images, music, software, audio, video, information or other materials made available on or through Tapsbook ("Content").
This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of Tapsbook.By using Tapsbook, you agree to be bound by this Agreement.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
By using Tapsbook, you agree to all the terms below. Don't use Tapsbook if you don't agree with this document in its entirety!
Acknowledgment of Beta App
You acknowledge that: (a) Tapsbook has not been made commercially available (and may not be made commercially available by AtomKnows); (b) Tapsbook may not be in final form or fully functional and may not operate properly or contain errors. You assume all risk arising from use of Tapsbook, including, without limitation, the risk of damage to your computer system or mobile device or the corruption or loss of content or information.
Despite our best intentions, Tapsbook is in beta phase, so use it at your own risk.
Tapsbook and all Content is provided "AS IS," without warranty of any kind, whether express or implied. AtomKnows makes no representations or warranties regarding the suitability of Tapsbook for your intended requirements or purposes or regarding any data or information that you upload or access through the use of Tapsbook.
ATOMKNOWS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AtomKnows takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or transmits using Tapsbook. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Tapsbook is provided "AS IS", without any warranty.
You agree to: (a) test Tapsbook and cooperate with AtomKnows in evaluating Tapsbook; (b) work with AtomKnows to identify and resolve any errors or problems in the operation of Tapsbook; and (c) provide AtomKnows with feedback and comments and suggestions for improvements to Tapsbook (collectively, "Feedback").
All Feedback will be the sole and exclusive property of AtomKnows and you assign to AtomKnows and agree to assign to AtomKnows all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At AtomKnows' request and expense, you will execute documents and take such further acts as AtomKnows may reasonably request to assist AtomKnows to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
You agree to help us improve Tapsbook. We own all rights to your feedbacks.
As a condition to using Tapsbook, you are required to open an account and select a password and
username, and to provide registration information. The registration information you provide must be accurate,
complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate
termination of your Tapsbook account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name
or trade mark that is subject to any rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities
resulting from the use of your password and conducted through your Tapsbook account.
Tapsbook is available only to individuals who are at least 18 years old. If you do not meet the age requirement, you are not permitted to open an account or use Tapsbook.
To fully use Tapsbook, you need to create your own account, without violating other peoples' rights.
Social Media and Networking Sites
As a Member, you have the option of granting AtomKnows access to your accounts with certain third-party social media and networking sites (each, an " SNS") so that AtomKnows can capture and make available through Tapsbook content that you have stored in your account(s) with such SNSs ("Member Content").
By granting AtomKnows access to any such SNS content, you understand that AtomKnows will access, make available and store (if applicable) such Member Content so that it is available through Tapsbook. AtomKnows is not responsible for any Member Content stored on an SNS that you choose to make available through Tapsbook.
Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available through Tapsbook.
Please note that if an SNS account becomes unavailable or SNS terminates AtomKnows's access to your SNS account(s), any Member Content from that SNS will no longer be available through Tapsbook. You have the ability to disable the connection between Tapsbook and your SNS account(s), at any time, by accessing the "Photostreams" section of Tapsbook.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
You may choose to access certain content you have stored on some third party sites and services through Tapsbook, but we are not responsible for the rights to these content, the privacy or storage of these content, or the content itself.
AtomKnows offers a free account (no fees) and premium paid account. A description of the features associated with these account levels is available on the Pricing page. You may change your account level at any time by accessing the "Settings" section of Tapsbook.
We offer free and premium paid accounts as outlined on our Pricing page.
When you register for a premium paid account, you will be required to provide customary billing information such as name, credit card number and billing address, select a subscription term and payment frequency (monthly or annual).
You will need to provide billing information if you get a premium paid account.
You agree to pay Tapsbooklicable subscription fee and any taxes and other fees that may accrue in relation to your use of Tapsbook, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Any applicable fees (in USD) are non-refundable and non-transferable, unless expressly noted.
Tapsbook and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, AtomKnows and its licensors exclusively own all right, title and interest in and to Tapsbook and Content, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying Tapsbook or Content. All trademarks, Tapsbook marks, and logos and any other proprietary designations used on or in connection with Tapsbook are the trademarks or registered trademarks of AtomKnows or its licensors or third parties.
Please respect our trademarks and brands.
Subject to your compliance with these Terms, AtomKnows grants you a limited, non-exclusive, revocable license, without the right to sublicense, to access and view the Content solely for your personal and non-commercial purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Tapsbook and Content, except as expressly permitted in these Terms.
AtomKnows reserves all rights in the Content not expressly granted to you by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AtomKnows or its licensors, except for the licenses and rights expressly granted in these Terms.
You can use Tapsbook if you comply with all the Terms.
Member Submissions and Content
Members may post, upload, publish, submit or transmit text, graphics, images, information or other materials, including comments, to be made available through Tapsbook ("Member Submissions").
By making available any Member Submissions through Tapsbook, you hereby grant to AtomKnows a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy and transmit Member Submissions (and Member Content if applicable) only in connection with your use of Tapsbook.
AtomKnows does not claim any ownership rights in any Member Submissions or Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Submissions or Member Content.
You acknowledge and agree that you, and not Tapsbook, are solely responsible for all Member Content and Member Submissions that you make available through Tapsbook. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Submissions and Member Content that you make available through Tapsbook or you have all rights, licenses, consents and releases that are necessary to grant to AtomKnows the rights in such Member Submissions and Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor Member Submissions nor your posting, linking, referencing, uploading, publication, submission or transmittal of the Member Submissions or Member Content or AtomKnows's use thereof through Tapsbook will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
YOU ASSUME THE ENTIRE RISK OF LOSS FOR ANY MEMBER CONTENT AND MEMBER SUBMISSIONS THAT YOU MAKE AVAILABLE THROUGH TAPSBOOK.
You own your content, all of it, and are solely responsible for any content you make available through Tapsbook. This license is you authorizing us to make your content available to others if you so choose to.
As a condition of use, you promise not to use Tapsbook for any purpose that is unlawful or prohibited by these
Terms, or any other purpose not reasonably intended by AtomKnows. By way of example, and not as a limitation, you
agree not to do any of the following:
- Upload, publish, submit or transmit any text, graphics, images, software, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame Tapsbook, or any individual element within Tapsbook, AtomKnows's name, any AtomKnows or Tapsbook trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AtomKnows's express written consent;
- Access, tamper with, or use non-public areas of Tapsbook, AtomKnows's computer systems, or the technical delivery systems of AtomKnows's providers;
- Attempt to probe, scan, or test the vulnerability of any AtomKnows system or network;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures (including any security or authentication measures) implemented by AtomKnows or any of AtomKnows's providers or any other third party to protect Tapsbook or Content;
- Attempt to access or search Tapsbook or Content or download Content from Tapsbook through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AtomKnows or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a AtomKnows or Tapsbook trademark, logo URL or product name without AtomKnows's express written consent;
- Use Tapsbook or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Tapsbook or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Tapsbook or Content;
- Interfere with the access of any Member, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing Tapsbook;
- Collect or store any personally identifiable information from Tapsbook from other AtomKnows Members without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Encourage or enable any other individual to do any of the foregoing.
AtomKnows will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AtomKnows may involve and cooperate with law enforcement authorities in prosecuting Members who violate these Terms. You acknowledge that AtomKnows has no obligation to monitor your access to or use of Tapsbook or Content or to review or edit any Member Content or Member Submissions, but has the right to do so for the purpose of operating Tapsbook, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
AtomKnows reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Member Content and Member Submissions, that AtomKnows, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to Tapsbook.
To report a suspected abuse of Tapsbook or a breach of the Terms (other than relating to copyright infringement which
is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to AtomKnows at email:
You are solely responsible for your interactions with other users of Tapsbook. AtomKnows reserves the right, but has no
obligation, to monitor disputes between you and other users.
You cannot use Tapsbook to post pornographic or unlawful material, harass or threaten people, send spam, and other inappropriate stuff. Tapsbook reserves the right, but has no obligation, to monitor, review, edit, remove or disable any of your content as necessary to ensure compliance of these terms.
AtomKnows respects copyright law and expects its Members to do the same. AtomKnows has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. For more information, please read our Copyright Policy.
We respect copyrights. You should, too.
Tapsbook may contain links to third-party websites or resources. You acknowledge and agree that AtomKnows is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or websites and applications on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AtomKnows of such websites or resources or the content, products, or websites and applications available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Some people may post links, we are not responsible for those links.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge AtomKnows, its affiliated and associated companies,
and their respective directors, officers, employees, agents, representatives, members, independent and dependent
contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits,
proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now
have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of Tapsbook.
You hereby agree to indemnify and hold harmless AtomKnows, its affiliated and associated companies, and their
respective directors, officers, employees, agents, representatives, members, independent and dependent contractors,
licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but
not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees,
resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on Tapsbook, (iii) the use of Tapsbook,
by you or any person using your account or Tapsbook Username and password, or (iv) any violation of any rights of a third party.
We are not liable if something goes really wrong. Always have a backup of your photos.
Limitation Of Liability
IN NO EVENT WILL ATOMKNOWS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF TAPSBOOK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ATOMKNOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Again, we are not liable.
These Terms will remain in effect until terminated.
AtomKnows may terminate or suspend your Tapsbook account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your
account, your right to use Tapsbook will immediately cease. If you wish to terminate your Tapsbook account, you
may simply discontinue using Tapsbook. All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your
account, AtomKnows will automatically remove all Content posted to your account.
We may stop providing services at any time. You can stop using your account or close it at any time as well.
Tapsbook reserves the right, at its sole discretion, to modify or replace the terms at any time.
If the alterations constitute a material change to the terms, Tapsbook will notify you by
posting an announcement on the site. What constitutes a material change will be
determined at Tapsbook’s sole discretion. You shall be responsible for reviewing and becoming
familiar with any such modifications. Using any service or viewing any content following
notification of a material change to the terms shall constitute your acceptance of the
Terms as modified.
If we're making a big change to the terms, we'll let you know. However, you are ultimately responsible for reviewing and complying with the most current terms.
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to or application of its conflict of laws rules or principles. You may not assign these Terms or any rights granted hereunder, by operation of law or otherwise, without AtomKnows's prior written consent, and any attempt by you to do so, without such consent, will be void. The failure by AtomKnows to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms is held unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter.
These passages are standard part of almost every online terms agreement. Basically, they ensure that a deal is a deal.
If you have any questions about these Terms, please contact firstname.lastname@example.org