TERMS & CONDITIONS






This Tape Terms of Service Agreement (the “Agreement” or “Terms”) is made between Tape Project Inc. (“Tape” “we,” “us,” or “our”) and you, our customer (“you” or “your”).  These Terms of Service ("Terms") govern your access to and use of the Tape website, apps, API, and other interactive properties such as events and communications (e.g., emails, phone calls, and texts), collectively “The Service”. By accessing or using the Service as a guest, signing up to create an account or signing up for a paid membership you agree to be bound by these Terms and our Privacy Policy which form a legally binding contract with: Tape Project Inc., a Delaware corporation with its headquarters in Brooklyn, New York.

These Terms of Service are effective immediately for all users accessing or using the Service without an Account or those registering Accounts on or after January 31st 2022. Please read the Terms of Service and Privacy Policy carefully before you access or use the Service.



1. OUR SERVICE



Tape allows its users to discover, explore, consume, share and act upon content promoting experiences; principally from cultural organizations, charitable foundations and lifestyle brands. We bring you selections of experiences across arts & culture, travel & adventure, volunteering & wellbeing, virtual and augmented reality with more categories to come.

ACCESS TO THE SERVICE & WHAT WE CAN DO
While we endeavour to ensure that the Website and apps are normally available 24 hours per day, we shall not be liable if for any reason the Website or apps are unavailable at any time or for any period. Access to the Website of apps may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.


 WE CAN AT ANY TIME:


  1. modify or withdraw, temporarily or permanently, the Website, Apps (or any part thereof) for business and operational reasons, in which event we shall try and give you reasonable notice of any suspension or withdrawal and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Terms. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
  3. monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to the Website and/or removing any materials from the Website).



    We will use our best endeavors to


  1. Maintain the Website and Apps. Both are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or Apps because of a failure, suspension or withdrawal of all or part of the Website for any reason.


  1. Verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change, such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the Website, such information, where capable of change, is confirmed with the applicable venue, facility or service provider.


  1. Protect the security of our users. While we work to protect the security of your account, Tape can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.



2. USE OF OUR SERVICE




You may use Tape only if you can legally form a binding contract with Tape, and only in compliance with these Terms and all applicable laws. When you create your Tape account, you must provide us with accurate and complete information. Using Tape may include downloading software to your computer, phone, tablet, or other device. You shall not create multiple user accounts. You shall not use another Website user’s account without obtaining their prior consent. You are solely responsible for the activity that occurs on your User Account, and so we suggest that you keep your User Account password secure. You must notify us immediately if you are aware of any unauthorised use of your User Account. You agree that we may automatically update that software, and these Terms will apply to any updates.


  1. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.


  1. Age Requirements

You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

If you’re based in the EEA, you may only use Tape if you are over the age at which you can provide consent to data processing under the laws of your country.


  1. Parental Guidance

The Service is not targeted, marketed to, or intended for use by anyone under the age of 16. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufactures that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.



If you are using the Service on behalf of any person, you represent and warrant that you are authorized to accept these Terms of Use on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms of Use. By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.


  1. Membership and Membership Security



In order to access and use certain areas or features of the Service, you may need to register for an account, membership or subscription (a “Membership”). We do not charge to download Tape Apps, but standard data rates may apply.


By creating a Membership, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) maintain the security of your credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use your Membership, including by use of the Service on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Membership. We shall not be responsible for misdirected communications such as mail or email or any consequences thereof.


  1. Service Availability.

The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.


  1. Communications from Tape and Others. 

By accessing or using the Service, and by agreeing to receive email and other communication updates, you consent to receive communications from Tape and our partners through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS). These communications may promote Tape or businesses listed on Tape. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. You can opt-out of communications at any time.



4. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE


Content & Material

The content and material, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, contained in, or made available in connection with the Service (collectively, the “Content”) are protected by law, including, but not limited to United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Service is controlled and operated by Tape from its offices within the U.S.


Region

Tape makes no representation that the Service or Content is appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access any of the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.


Ownership

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Service and the Content belongs to Tape or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Service and the Content are proprietary information or proprietary marks of Tape or the original creator of the material. The compilation of all content, including the look and feel of the Service (including the Content), is the exclusive property of Tape and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Content.


Usage

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only.  For the avoidance of doubt, anything printed will form part of the Content. Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing the Content. This includes electronic reproduction by uploading or downloading.


Trademarks

The trademarks, service marks, and logos, including but not limited to Tape’s name, logo, and all related names, logos, product and service names, service marks, designs, and slogans (the "Trademarks") used and displayed on the Service (including the Content) are registered and unregistered Trademarks of Tape and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service (including the Content), without the written permission of the Trademark owner. Tape enforces its intellectual property rights to the fullest extent of the law. Tape’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without prior, written permission of Tape. Tape prohibits use of the Tape logo as a "hot" link to any website, including the Site, unless establishment of such a link is approved in advance by Tape in writing.



5. Third party links, sites, events and services



Tape may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Tape. We don’t assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Tape, you do so at your own risk and you agree that Tape has no liability arising from your use of or access to any third party website, service, event or content.

These third party websites and resources have their own terms of use and privacy policies which you will need to comply with if you access such third party sites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.


You also acknowledge that we do not control Non-Tape Events or Experiences or the people that organize them.


Assumption of Risk.

Although we try to feature experiences that offer a safe environment, accidents or other bad things happen, even to good people. You understand that your attendance and participation at featured experiences is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law. By the same token, you agree that Tape is not responsible for any injuries or accidents that you might sustain at Tape affiliated as well as Non-Tape Events listed on the Tape platform

Release of Liability for third party events and listing.

You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Tape and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any Tape or Non-Tape Event, except, of course, for any gross negligence or willful misconduct on our part.

Indemnity

By the same token, you agree to indemnify and hold Tape, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Tape or Non-Tape Event.


6. GENERAL LIMITATION OF LIABILITY



PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF TAPE TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.


A.        THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT TAPE MAY NOT MONITOR, CONTROL, OR VET ALL THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. TAPE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, TAPE IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.


B.        TAPE MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, TAPE IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS INCLUDING, FOR EXAMPLE IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.


C.        YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.


D.        TAPE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO TAPE IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.


E.        TAPE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPE WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY YELP BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.


7. GENERAL INDEMNITY



You undertake to Tape that you will not use the Tape properties for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful. You agree to indemnify Tape, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of the undertaking.


8. ARBITRATION; DISPUTE RESOLUTION



PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WSWD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THIS INCLUDES A CLASS ACTION WAIVER.


Access to and use of any of the Service and these Terms of Use are governed by the laws of the State of New York and the United States as applicable therein, without resort to conflict of law provisions. Tape makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Service from other locations are solely responsible for compliance with their local laws. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of User Conduct or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Tape agree to (a) waive your and Tape’s respective rights to have any and all Disputes arising from or related to these Terms of Use, or the Service resolved in a court, (b) waive your right to proceed in a class, collective, or consolidated capacity, and (c) waive your and Tape’s respective rights to a jury trial. Your rights and Tape’s rights during the arbitration process may be more limited than the rights you or Tape would have in civil trial or appellate court. The Federal Arbitration Act and federal arbitration law apply to these Terms.


Any Dispute arising out of or relating to any of the Services or these Terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website (jamsadr.com). By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.


ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY.


Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in New York, New York and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms of Service by writing to: Attn: Legal Department, Tape Project Inc, 101 North 10th St., Suite 202 Brooklyn, NY 11249.


In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN NEW YORK, NEW YORK. Notwithstanding the foregoing, Tape may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).


THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.


9. Governing Law and Venue


These Terms, your access to and use of the Service and any claim or dispute you may bring against Tape, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in New York, New York.


10. Termination


Notwithstanding anything contained in these Terms of Service, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service and/or Membership, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.


11. Severability


If any term, clause or provision of these Terms of Service is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Service and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.


12. Assignment


If Tape sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Service, authorize Tape to assign the information you provided to Tape or that Tape has collected while you use the Service.


13. Fees


We reserve the right, at any time, to change any fees or charges for using any services or Membership provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

Miscellaneous


You agree that the Service shall be deemed a passive service based solely in New York and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.


To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.


Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.


If you have any questions, comments or concerns about the Terms of Use, you may contact us at the following address:  Tape Project Inc. 101 North 10th St., Suite 202 Brooklyn, New York 11249