Last Modified: April 24, 2020
Tapebook Ltd. (operating as TapeReal) is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website, applications and online platform and other good and valuable consideration, you agree as follows:
As our website and app continue to change, we may, at any time, revise these terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these terms is posted above. As you are bound by these terms each time you visit our website or use our app, you are responsible for periodically reviewing the amendments to these terms and you are deemed to have accepted and agreed to such amendments by accessing and using the website or app after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the website and app and terminate your account, subject to the terms provided for herein. We may also undertake to send you notice of any changes to the terms or policies.
Our App serves as a social network, allowing users to record audio and video conversations or solo recordings, which are publicly displayed and accessible to other users of the App. Our App:
By providing us with your cellular phone number, you agree that we may send you text messages for the above process and as part of an account recovery process. It is your responsibility to ensure your cellular device or network is not accessed by any unauthorized third-party, who may attempt to use your device to reset your TapeReal account login credentials.
Account Non-Transferrable. Access to your account is not transferrable and is only intended for the individual that established the account. You agree that you are responsible for any activity on your account, whether or not you authorized that activity and you agree to immediately notify us of any unauthorized use of your account.
Account Security. You agree and understand that the technical processing and transmission of the Website, the App and the data, content and information you provide in or to the Website or App, may be transferred unencrypted and involve transmissions over various networks and devices. For your own protection and security, you should not use a password which you use to login to any other accounts or services.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the App in accordance with these Terms, but reserve the right to revoke the license without cause or justification and/or remove the App from the Internet, the Apple iOS App Store and the Google Play store.
We offer both free and paid accounts. Our free accounts, and various account tiers, permit you to upgrade and downgrade the number and length of recordings and comments you can upload and share on the App. For the details of our various account features and pricing, please see our Website or the pricing pages displayed within the App, which are incorporated by reference and form part of this agreement.
By agreeing to these Terms, you agree to pay all fees associated with or arising from your account and subscriptions you accept from within the App. All subscriptions will automatically renew each month or each year, as applicable. Our fees are subject to change, however, we agree to provide you with a minimum of 30 days’ notice of any such changes via email or within the App. Changes will only apply at the start of your next billing period, whether monthly or yearly, depending on your subscription.
We use Apple’s ‘Auto-renewable Subscriptions’ feature (https://developer.apple.com/app-store/subscriptions/) for all paid account subscriptions on iOS devices. You may elect to upgrade or downgrade your subscription at any time. To do so, you can manage your subscription from within your Apple ID account on your iOS device. You agree and acknowledge that your account and payment method used via Apple will be automatically billed in accordance with the terms of your subscription.
While we allow you to upgrade or downgrade your account at any time, and we will pro-rate your account payments based on when such upgrade or downgrade occurs, we do not offer refunds unless we have charged you in error. If you believe we charged you in error, you must contact us within ninety (90) days of such charge.
You agree that all prices displayed are subject to the addition of sales and other taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account. To the extent you earn any income as a result of using the App, you agree that it shall be your sole responsibility for declaring and paying all taxes associated therewith, including but not limited to sales and income tax, in all applicable jurisdictions. You agree that we are not responsible for, and shall not be liable in connection with, your failure to collect and remit any and all such taxes. You agree to indemnify us against any claims from a government or taxing authority arising from or related to your failure to remit applicable sales and income taxes.
You agree that upon request and subject to applicable laws, we may share (and may be required to share) records of your income earned on or via the App with governmental authorities, including tax authorities.
When accessing your account or using our App, you agree that you:
In addition to our above acceptable use terms, you agree not to use our Website or App in any manner which may infringe copyright or other intellectual property rights of any third party.
We have no tolerance for users who breach these Terms, including the above acceptable use provisions. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be (or may reasonably be determined to be) unlawful, damaging, abusive, objectionable or which violate any third-party's intellectual property rights, these Terms or any policy or document incorporated by reference.
Everything on our Website and provided as part of our App is provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
You agree that, while we strive to have error free and uninterrupted service, we do not guarantee the absence of interruptions nor shall you hold us liable for any damage such interruptions may cause.
We make no representations as to the uptime or availability of the App. We may decide, for any reason, to no longer offer or support the App.
You accept all risks associated with using the App, including those arising from interacting with other users.
You agree and acknowledge that our App also allows users to embed audio and video recordings on our Website and third-party Websites. When doing so, and in connection with the ordinary usage of your audio and videos on the App, you agree that we may place a watermark on all audio and video content and/or on the frame of the embedded content.
You agree and acknowledge that when you upload audio, videos, images or other content to the App, other users or third parties may, without your consent, use them, or the corresponding embed code or otherwise republish or use your content elsewhere online, and once shared on the Internet, may be difficult or impossible to remove. You accept all risks related thereto. Accordingly, you should only record, upload and share content you are comfortable having online indefinitely.
You agree and acknowledge that we do not guarantee any confidentiality with respect to any of your audio or video calls, or other information you communicate on the Website or App.
We operate the Website and App in conjunction with our independent contractors and third-party service providers. They may have access to your personal information in providing services to us, or providing you with access to the Website and App. We may use a variety of service providers, employees and servers in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
To the extent permitted by law, without limiting the generality of this section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including the negligent acts or omissions, of our independent contractors or third-party service providers.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR APP, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND APP.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR APP WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
Our App permits you and other users the ability to record, upload and submit audio, video and written content, including comments and messages ("User Content"). We do not pre-screen User Content uploaded or posted to the App by you or other users. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the App in order to facilitate the ordinary use of the App. We may also use your User Content for marketing purposes or allow the content to be shared or embedded on third-party websites and applications.
When an audio or video call or solo tape is recorded and uploaded to the App, only the user who initiated the call will have the ability to add a tape title, hashtags and publish the recording to their feed. However, the two users who participated on the call or the person recording solo (in addition to us) will be able to edit tape details or delete the recording from within their account after it has been published.
If you accept a call from another user in connection with the App, you hereby consent to the call, whether audio and/or video, being recorded and uploaded publicly to the App, and used in accordance with these Terms.
Our App is only intended for lawful use. We are building a community of good, healthy, authentic, informative and interesting audio and video content. We believe in freedom of speech, however, we do not permit content that is contrary to these Terms, including for example, content which may infringe copyright or other intellectual property rights of any third-party or which is or which we view as objectionable, abusive, unlawful, offensive, threatening, libelous, hateful, defamatory, pornographic, sexual or obscene.
If you encounter content you believe to be contrary to these Terms, please flag it in the App by clicking "Report Tape". We may, but have no obligation to, remove content and accounts that we determine, in our sole discretion, to violate these Terms or any policy incorporated by reference.
Apart from User Content on the App, our Website and App contain open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. Aside from sharing links to content on our App, you are not permitted to copy or distribute any content on our Website or App (including but not limited to text, images, trademarks, videos and audio) without the express consent of the owner, or in instances where the App facilitates embedding content on third-party sites.
All other contents of the Website and App including, but not limited to, the software code, is the property of Tapebook Ltd. and/or our independent content providers ("ICPs") with all rights reserved. Without limiting the generality of the foregoing, you are not permitted to use any trademark or trade name of Tapebook Ltd., including our TapeReal name and logo, without our express permission. All rights, title and interest in and to the Website and App are and will remain the exclusive property of Tapebook Ltd., our ICP's and licensors.
The Website, App and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, App or their contents.
You agree that all feedback, comments, and suggestions for improvements (the "Feedback") you provide to us, in any form, will immediately become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights therein. As a result, we may implement such Feedback into the App. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining such intellectual property rights.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or App, please notify our copyright agent at firstname.lastname@example.org. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
If you wish to contact us for any other reason, you can email us at email@example.com, or write to us at PO Box 1117 Shelburne, Ontario, L9V 3M2, Canada.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or App, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites not owned or operated by us. Links found on our Website or App are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in anyway related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a court of competent jurisdiction may imply or impose a lawful or enforceable term which best reflects the intention of the provision, as originally drafted.
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Though we would much rather you stay, you can stop using our Website and App at any time. Please contact us to learn more about cancelling your account. We reserve the right to suspend your account or access to our Website or App at any time, with or without cause, and with or without notice.
Your cancellation, suspension or termination of access to our Website or App shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and App, the transfer of control of Tapebook Ltd., or otherwise.
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any new features that augment or enhance the current Website and App, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and App after any such changes shall constitute your consent to such changes.
By downloading the App from the Apple, Inc. ("Apple") App Store, you acknowledge and agree that: