Terms of Use
Introduction; Your Agreement to these Terms of Use.
Welcome to the LeapTag Inc. website – www.leaptag.com – and any other websites or services owned or operated by d-fend, inc. (the “LeapTag Inc. Service”). To access the LeapTag Inc. Service, Users must at all times agree to and abide by these Terms of Use, the LeapTag Inc. End User License Agreement (“EULA”) and download and install the software application client provided by LeapTag Inc. (the “LeapTag Inc. Application”).
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE LeapTag Inc. SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE TERMINATE YOUR USE OF THE LeapTag Inc. SERVICE.
End User Licenses. Any software or other content or downloaded by you from the LeapTag Inc. Service, including, without limitation, any files incorporated in or generated by any software, code and data accompanying the product or service, are licensed to you under the terms of LeapTag Inc.’s EULA, which are hereby incorporated into these Terms by this reference, or the specific terms of use (whether supplied by LeapTag Inc. or a third party) accompanying the applicable content. Your right to use any such software or other content is expressly limited to the terms set forth in the EULA or these Terms. Access to or downloading of any software or other content does not in any way transfer title to such items, or any intellectual property rights contained therein, to you.
Authorized Users. THE LeapTag Inc. SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the LeapTag Inc. Service.
Individual Features and Services. When using the LeapTag Inc. Service, you may be subject to any additional posted guidelines or rules applicable to specific media services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the LeapTag Inc. Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms shall automatically be effective after they are initially posted on the LeapTag Inc. Service.
Ownership; Proprietary Rights. The LeapTag Inc. Service is owned and operated by d-fend, inc. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the LeapTag Inc. Service that are provided by LeapTag Inc. (“LeapTag Inc. Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, LeapTag Inc. Materials do not include any content from third party sites, whether the LeapTag Inc. Service provides a link to them or not. All LeapTag Inc. Materials contained on the LeapTag Inc. Service are the copyrighted property of LeapTag Inc. or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to LeapTag Inc. or its affiliates and/or third party licensors. Except as expressly authorized by LeapTag Inc., you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the LeapTag Inc. Materials.
Prohibited Uses.
As a condition of your use of the LeapTag Inc. Service, you will not use the LeapTag Inc. Service for any purpose that is unlawful or prohibited by these Terms. Access to the LeapTag Inc. Materials and the LeapTag Inc. Service from territories where their contents are illegal is strictly prohibited. LeapTag Inc. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
Any use by User of any of the LeapTag Inc. Materials other than for private, non-commercial use is strictly prohibited.
You may not use the LeapTag Inc. Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the LeapTag Inc. Service. You may not intentionally interfere with or damage the operation of the LeapTag Inc. Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the LeapTag Inc. Service, features that prevent or restrict the use or copying of any content accessible through the LeapTag Inc. Service, or features that enforce limitations on the use of the LeapTag Inc. Service. You may not attempt to gain unauthorized access to the LeapTag Inc. Service, or any part of it, other accounts, computer systems or networks connected to the LeapTag Inc. Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the LeapTag Inc. Service or any activities conducted on the LeapTag Inc. Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LeapTag Inc. Service. You agree neither to modify the LeapTag Inc. Service in any manner or form, nor to use modified versions of the LeapTag Inc. Service, including (without limitation) for the purpose of obtaining unauthorized access to the LeapTag Inc. Service.
The LeapTag Inc. Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the LeapTag Inc. Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the LeapTag Inc. Service.
You may not utilize framing techniques to enclose any trademark, logo, or other LeapTag Inc. Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing LeapTag Inc.’s name or trademarks without our express written consent.
You may not deep-link to the LeapTag Inc. Service and will promptly remove any links that LeapTag Inc. finds objectionable in its sole discretion. You may not use any LeapTag Inc. logos, graphics, or trademarks as part of the link without our express written consent.
You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Account Information. You agree that the information you provide to LeapTag Inc. upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number), you will immediately notify LeapTag Inc.. You may be liable for the losses incurred by LeapTag Inc. or others due to any unauthorized use of your account.
User Communications; Notice. Under these Terms, you consent to receive communications from LeapTag Inc. electronically. We will communicate with you by email or by posting notices on the LeapTag Inc. Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on LeapTag Inc.’s national registered agent or to the email address you provide to LeapTag Inc. during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
User Service and Feedback. Please visit our Contact Us information page for further assistance.
Third Party Content; Availability of Content.
The LeapTag Inc. Service may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). LeapTag Inc. does not endorse any such linked sites or the information, material, products or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, LeapTag Inc. makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LeapTag Inc. Service are solely between you and such advertiser. YOU AGREE THAT LeapTag Inc. WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE LeapTag Inc. SERVICE.
YOU ACKNOWLEDGE THAT LeapTag Inc. DOES NOT EDIT THE CONTENT OR INFORMATION WHICH YOU RECEIVE FROM OTHERS THROUGH THE LeapTag Inc. SERVICE, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT OR INFORMATION REGARDLESS IF SUCH CONTENT OR INFORMATION IS TRANSMITTED TO YOU IN BREACH OF THESE TERMS. LeapTag Inc. MAKES NO WARRANTY WITH RESPECT TO SUCH CONTENT OR INFORMATION YOU MAY RECEIVE THROUGH THE LeapTag Inc. SERVICE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LeapTag Inc. MAKES NO WARRANTY THAT SUCH CONTENT OR INFORMATION WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST LeapTag Inc. WITH RESPECT TO THIRD PARTY LICENSED CONTENT OR INFORMATION THAT YOU CHOOSE TO ACCESS THROUGH THE LeapTag Inc. SERVICE.
LeapTag Inc. may make changes to or discontinue any of the content or services available on the LeapTag Inc. Service at any time, and without notice. The content or services on the LeapTag Inc. Service may be out of date, and LeapTag Inc. makes no commitment to update these materials.
Termination. You agree that LeapTag Inc., in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with LeapTag Inc.. In addition, LeapTag Inc. reserves the right to discontinue any aspect of the LeapTag Inc. Service at any time, including the right to discontinue the display of any licensed content or linked or embedded content either generally or in specific cases. You agree that any termination of your access to the LeapTag Inc. Service or any account you may have or portion thereof may be affected without prior notice, and you agree that LeapTag Inc. will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the LeapTag Inc. Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LeapTag Inc. may have at law or in equity.
Disclaimers; No Warranties. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LeapTag Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE LeapTag Inc. SERVICE AND THE LeapTag Inc. APPLICATION. LeapTag Inc. MAKES NO WARRANTY THAT THE LeapTag Inc. SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE LeapTag Inc. SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LeapTag Inc. DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LeapTag Inc. SERVICE. YOU ACKNOWLEDGE THAT THE LeapTag Inc. SERVICE AND THE LeapTag Inc. APPLICATION MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF LeapTag Inc., EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF LeapTag Inc. OR ANY OF ITS EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
YOU ACKNOWLEDGE THAT LeapTag Inc. DOES NOT EDIT THE CONTENT OR INFORMATION WHICH YOU RECEIVE FROM OTHERS THROUGH THE LeapTag Inc. SERVICE, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT OR INFORMATION REGARDLESS IF SUCH CONTENT OR INFORMATION IS TRANSMITTED TO YOU IN BREACH OF THESE TERMS. LeapTag Inc. MAKES NO WARRANTY WITH RESPECT TO THE CONTENT OR INFORMATION YOU MAY RECEIVE THROUGH THE LeapTag Inc. SERVICE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LeapTag Inc. MAKES NO WARRANTY THAT SUCH CONTENT OR INFORMATION WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold LeapTag Inc., and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the LeapTag Inc. Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. LeapTag Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LeapTag Inc. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LeapTag Inc. MATERIALS ON THE LeapTag Inc. SERVICE, THE LeapTag Inc. SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH LeapTag Inc., EVEN IF LeapTag Inc. OR A LeapTag Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LeapTag Inc.’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL LeapTag Inc.’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LeapTag Inc. SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN LeapTag Inc. AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LeapTag Inc. SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE LeapTag Inc. SERVICE.
Miscellaneous.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the LeapTag Inc. Service shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms and EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LeapTag Inc. without restriction.
Survival. Sections 11, 12, 13, 14 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This Agreement, along with the EULA, is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by LeapTag Inc. as set forth in Section 3 above.
Claims. YOU AND LeapTag Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LeapTag Inc. SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by LeapTag, Inc., located at 960 Saratoga Ave, Suite 213, San Jose, CA 95129, email: info@leaptag.com, telephone: +1 (408) 426-8265. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.