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Tab Tab Terms of Service

WELCOME TO TABTAB!

"TabTab" refers to TabTab, LLC, the owner and operator of TabTab products, software, toolbar, services, and this web site (collectively referred to as the "TabTab Service").

Before you can use the TabTab Service, you will need to carefully read and agree to these terms of service (the "TOS"). The TOS is a legal agreement between you and TabTab, which affects your legal rights and obligations. If you do not agree to be bound by the TOS, please do not use the TabTab Service. Your use of the TabTab Service constitutes your acceptance of the TOS.

PLEASE READ VERY CAREFULLY.

1. ACCEPTANCE
Your use of the TabTab Service is subject to these TOS, which may be updated by TabTab from time to time without notice to you. Your use of the TabTab Service constitutes your acceptance of these TOS. TabTab reserves the right, at TabTab’s sole discretion, to change, modify, add, or delete portions of these TOS at any time without further notice. If TabTab does this, TabTab will post the changes to these TOS on this page. Your continued use of the TabTab Service after any such changes constitutes your acceptance of the new TOS. It is your responsibility to regularly check the Site to determine if there have been changes to these TOS and to review such changes.

You can accept the TOS by: (a) clicking to accept or agree to these TOS, where this option is made available to you by TabTab in the user interface for the TabTab Service; or (b) using the TabTab Service. You understand and agree that TabTab will treat your use of the TabTab Service as acceptance of the TOS from that point onwards.
2. REGISTERATION
You may be required to register for a user account to use or access the TabTab Service. By using the TabTab Service, you are representing and warranting the following: (a) all requested registration information submitted by you is truthful and accurate; (b) you are of legal age to form a binding contract with TabTab; and (c) you are not a person barred from receiving the TabTab Service under the laws of the United States or other countries, including the country in which you are resident or from which you are using the TabTab Service. For information about TabTab data protection practices, please read TabTab's Privacy Policy, which explains how TabTab treats your personal information and protects your privacy when using the TabTab Service.
3. PASSWORD
You understand and agree that you are responsible for maintaining the confidentiality of any and all passwords associated with any of your user account to use and access the TabTab Service. You will be solely responsible to TabTab for any and all activities that occur under your user account. If you have any reason to suspect or become aware of any unauthorized use of your password or you account, you agree to notify TabTab immediately by contacting us.Your right to use the TabTab Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
4. CONTENT
You understand and agree that all information, such as data files, written text, computer software, code, music, audio files or other sounds, photographs, graphics, videos or other images ("Content"), which you may have access to as part of, or through the use of the TabTab Service, are the sole responsibility of the person or entity providing such Content or of the person whose you account is used.

You should be aware that Content presented to you as part of the TabTab Service, including but not limited to, advertisements in the TabTab Service and sponsored Content within the TabTab Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to TabTab or by other persons or entities on their behalf. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part, unless you have received all necessary permission to do so by TabTab or by the owners of that Content in a separate written agreement.

The use of the TabTab Service is at your own risk. You understand and agree that by using the TabTab Service, you may be exposed to Content that you may find offensive, indecent or objectionable. You understand and agree that there are commercially available services and software to limit access to material that you may find objectionable.

You are solely responsible for (and that TabTab has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the TabTab Service and for the consequences of your actions (including any loss or damage which TabTab may suffer) by doing so. TabTab reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any the TabTab Service.

You understand and agree that all Content made available, publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose you account is used.
5. YOUR CONDUCT
By using the TabTab Service, You understand and agree that:

  • You will not provide any content or conduct himself/herself/itself/yourself in any way that may be construed as: (i) unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable or pornographic; (ii) designed to interfere with or disrupt the operation of this web site or any service provided; or (iii) infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability or in violation of an applicable local, national or international law;
  • You will not impersonate or misrepresent your association with any person or entity; you will attempt to conceal or misrepresent the origin of any content provided by you;
  • You will not collect or harvest any information about other users; You will not provide nor use the TabTab Service, including the TabTab web site, to provide, any content or service in any commercial manner, or in any manner that would involve the posting or transmission of junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the TabTab Service, including the TabTab web site, to promote or operate any service or content unless specifically permitted to do so in a separate written agreement with TabTab;
  • You will not provide any Content that may give rise to the site editor or TabTab being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets;
  • You will use the TabTab Service only for purposes that are permitted by (i) the TOS and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries);
  • You agree not to access or attempt to access any of the TabTab Service by any means other than through the interface that is provided by TabTab, unless specifically allowed to do so in a separate written agreement with TabTab. You specifically agree not to access or attempt to access any of the TabTab Service through any automated means, including use of scripts or web crawlers, and shall ensure you comply with all instructions set out in any robots.txt file present on the TabTab Service;
  • You understand and agree not engage in any activity that interferes with or disrupts the TabTab Service or the servers and networks connected to the TabTab Service;
  • You understand and agree not to reproduce, duplicate, copy, sell, trade or resell the TabTab Service for any purpose, unless specifically permitted to do so in a separate written agreement with TabTab;
  • You agree to comply with all local rules regarding online conduct and acceptable Content. Use of the TabTab Service and transfer, posting and uploading of software, technology, and other technical data via the TabTab Service may be subject to the export and import laws of the United States and other countries.
  • You understand and agree that you will be solely responsible for (and that TabTab has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which TabTab may suffer) of any such breach.

In case of any violation of the above, TabTab reserves the right to cancel or rename your user account and/or to block you from accessing or using the TabTab Service, as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at TabTab's sole discretion. TabTab also reserves the right to block the distribution of your Content or any third-party Content through the TabTab Service.
6. PROPRIETARY RIGHTS
You understand and agree that TabTab (or TabTab's licensors) owns all legal right, title and interest in and to the TabTab Service, including any intellectual property rights, which exist in the TabTab Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the TabTab Service may contain information which is designated confidential by TabTab and that you shall not disclose such information without TabTab's prior written consent. Unless specifically allowed to do so in a separate written agreement with TabTab, you acknowledge you have no right to use any of TabTab's trade names, trademarks, servicemarks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with TabTab, then you agree that use of such features shall be in compliance with that agreement and any applicable provisions of the TOS.

You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), which may be affixed to or contained within the TabTab Service. Unless you have been expressly authorized to do so in writing by TabTab, you agree that in using the TabTab Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized you of such marks, names or logos.

Other than the limited license you have grated in the TOS, TabTab acknowledges and agrees that TabTab obtains no right, title or interest from you (or your licensors) under the TOS in or to any Content that you submit, post, transmit, or display on, or through, the TabTab Service, including any intellectual property rights which exists in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TabTab, you acknowledge and understand that you are responsible for protecting and enforcing those rights and that TabTab has no obligation to do so on your behalf.

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact TabTab.
7. LIMITED LICENSE
TabTab gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by TabTab as part of the TabTab Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the TabTab Service in the manner permitted by the TOS and any other licensing agreement. In some instances, the TOS and separate end user license agreements that set forth additional conditions may apply to a service or product offered by TabTab. To the extent there is a conflict between the TOS and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that the TOS will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, the TOS will control.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any TabTab Service or any part thereof, unless this is expressly permitted or required by law, or unless specifically permitted to do so in a separate written agreement with TabTab.

You may not assign (or grant a sub-license of) your rights to use the TabTab Service, grant a security interest in or over your rights to use the TabTab Service, or otherwise transfer any part of your rights to use the TabTab Service, or unless specifically permitted to do so in a separate written agreement with TabTab.

In some instances, the TOS and separate end user license agreements that set forth additional conditions may apply to a service or product offered by TabTab. To the extent there is a conflict between the TOS and the terms of any applicable end you license or similar agreement, the end you license or similar agreement will control, unless the additional conditions expressly state that the TOS will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, the TOS will control.

Any changes to our end user license agreement can be found by clicking this link.
8. YOUR COTENT LICENSE
By providing any content to TabTab ("Your Content") you warrant and represent the following:

  • You have all legal, moral, and other rights that may be necessary to grant TabTab the license:
  • You agree to grant TabTab a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
  • You acknowledge and agree that TabTab will have the right (but not obligation), at TabTab's sole discretion, to refuse to publish, or to remove, or to block access to any content provided by you, at any time and for any reason, with or without notice.
  • You understand that TabTab, in performing the required technical steps to provide the TabTab Service to TabTab users, may (a) transmit or distribute Your Content over various public networks and in various media; (b) make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit TabTab to take these actions.
  • You confirm and warrant to TabTab that you have all the rights, power and authority necessary to grant the above license.
9. ADVERTISEMENT
The TabTab Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the TabTab Service, queries made through the TabTab Service or other information. The manner, mode and extent of advertising by TabTab on the TabTab Service are subject to change without specific notice to you. In consideration for TabTab granting you access to and use of the TabTab Service, you agree that TabTab may place such advertising on the TabTab Service.
10. THIRD-PARTY CONENT
Representations made regarding content, advertisements, products and services provided by third parties ("Third-Party Content") will be governed by the policies and representations made by these third parties. TabTab will not in any manner be liable for or responsible for any of your dealings or interaction with third parties. You acknowledge that TabTab has no control over and does not host Third-Party Content and Third-Party Services. Similarly, TabTab cannot control links to other web sites or other Internet resources. These resources, content and services are provided to you "AS IS" to facilitate your web browsing.

Third-Party Content may appear on the TabTab Service or may be accessible via links from the TabTab Service. TabTab is not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehoods, obscenities, pornography or profanity in the statements, opinions, representations or any other form of content on the TabTab Service. You understand that the information and opinions in the Third-Party Content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

During the course of your use of the TabTab Service, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the TOS does not affect your legal relationship with these other companies or individuals.
11. MODIFICATION OF THE TABTAB SERVICE
TabTab is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the TabTab Service may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that TabTab may stop (permanently or temporarily) providing the TabTab Service (or any features within the TabTab Service) to you or to users generally at TabTab's sole discretion, without prior notice to you. You may stop using the TabTab Service at any time. You do not need to specifically inform TabTab when you stop using the TabTab Service. You acknowledge and agree that if TabTab disables access to your user account, you may be prevented from accessing the TabTab Service, user account details or any files or other content, which is contained in your user account.
12. INTERSTATE COMMUNICATION
By agreeing to this TOS, you acknowledge that use of the TabTab Service results in interstate data transmissions.
13. TERMINATION
You may terminate your user account and access to the TabTab Service by submitting such termination request to TabTab. You agree that TabTab may, without prior notice, immediately terminate, limit your access to, or suspend your user and access to the TabTab Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the TabTab Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the TabTab Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TabTab's sole discretion and that TabTab shall not be liable to you or any third party for any termination of your account or access to the TabTab Service.

Termination of your user account includes any or all of the following: (a) removal of access to all or part of the offerings within the TabTab Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the TabTab Service.
14. INDEMINIFCATION
You agree to indemnify, defend and hold TabTab and TabTab's partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party supplier of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of the TOS or use of the TabTab Service.
15. DISCLAIMER OF WARRANTIES
YOUR USE OF THE TABTAB SERVICE IS AT YOUR SOLE RISK. THE TABTAB SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TABTAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TABTAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TABTAB SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE TABTAB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TABTAB SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TABTAB SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE TABTAB SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TABTAB SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TABTAB OR THROUGH OR FROM THE TABTAB SERVICE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TABTAB SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TABTAB SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TABTAB SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TABTAB SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITED LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TABTAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TABTAB SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TABTAB SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE TABTAB SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. GOVERNING LAW
The TOS and the interpretation of the TOS shall be governed by and constructed in accordance with the laws of the State of New York, without regard to its conflict of law rules and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
18. ARBITRATION
You waive all rights to trial by jury in any action or proceeding instituted in connection with the TOS and the TabTab Service. Any controversy or claim arising out of or relating to the TOS and/or TabTab Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 21 of the TOS and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York. You waive the defense of forum non-conveniens. Each party shall bear one-half of the arbitration fees and costs incurred through AAA.
19. MISCELLANEOUS
  • In the event that any provision of the TOS is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of the TOS will remain valid and applicable.
  • No waiver on the part of TabTab of any of the TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of TabTab.
  • The TOS and any other licensing agreements constitute the entire agreement between you and TabTab and shall supersede any prior agreement.
  • The TOS and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and Your Content and supersedes any and all other prior written or oral agreements between them.
  • The section titles in the TOS are for your convenience only and do not have any legal or contractual effect.
  • No waiver on the part of TabTab or any of the TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of TabTab.
  • You agree that TabTab may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the TabTab Service.
  • You acknowledge and agree that each member of the group of companies of which TabTab is the parent shall be third party beneficiaries to the TOS and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the TOS which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the TOS.
  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TabTab Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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