DoubleTap Terms of Service
Last Updated: May 26, 2020
Last Updated: May 26, 2020
These Terms of Service ("Terms") apply to your access to and use of the websites, applications and other online products and services including our games (collectively, our "Services") provided by DoubleTap Software LLC and its affiliates ("DoubleTap" or "we"). By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules and subscription services). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
The Services are for personal use only. organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Virtual Items (defined below) and other content contained therein, are owned by or licensed to DoubleTap and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, DoubleTap and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to
Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
DoubleTap may offer different types of digital content, credits, coins or other virtual items for which you may (a) purchase a limited license to use via the Services ("Purchased Game Currency") or (b) earn or otherwise receive a limited license to use via the Services (("Earned Currency" together with the Purchased Game Currency, collectively, "Virtual Items"). You understand that while you may "earn" "buy" or "purchase" Virtual Items in our Services, you do not legally "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
The Subscription period (or an indication that the Subscription will continue until cancelled), how to cancel your subscription, the cost of the Subscription you purchase and any other material terms are disclosed prior to purchase and may be confirmed via email by DoubleTap and/or the platform.
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, artwork, audio, music, animations and other materials (collectively, "User Content"). Except for the license you grant below, as between you and DoubleTap, you retain all rights in and to your User Content. You grant DoubleTap a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You are solely responsible for your conduct while accessing or using our Services, and you will not:
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray DoubleTap or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the DoubleTap logo or other proprietary graphic of DoubleTap to link to our Services without our express written permission.
In addition to User Content, DoubleTap may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively, the "Third-Party Content"). DoubleTap does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. DoubleTap does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about DoubleTap or our products or Services (collectively, "Feedback"). We reserve the right to incorporate Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify DoubleTap’s Designated Agent as follows:
Designated Agent: Legal Counsel
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to DoubleTap for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless DoubleTap, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "DoubleTap Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:
You will promptly notify the indemnified DoubleTap Parties of any Claim, cooperate with the indemnified DoubleTap Parties in defending the Claim and pay all fees, costs and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified DoubleTap Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DoubleTap or the other DoubleTap Parties.
In addition, DoubleTap does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While DoubleTap attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, you release DoubleTap Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with DoubleTap and limits the manner in which you can seek relief from us. This Section 16 only applies to you if you are a resident of the United States or if you commence any action against DoubleTap in the United States.
Except for small claims disputes in which you or DoubleTap seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or DoubleTap seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DoubleTap waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Baltimore, Maryland in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or 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.
You and DoubleTap agree that any dispute arising out of or related to these Terms or our Services is personal to you and DoubleTap and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and DoubleTap agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and DoubleTap agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and DoubleTap agree that the state or federal courts of the State of Maryland and the United States sitting in Baltimore, Maryland have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND DoubleTap WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing firstname.lastname@example.org. 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 in accordance with Section 17.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Maryland, without regard to conflict of law rules or principles (whether of Maryland 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 will be resolved in the state or federal courts of Maryland and the United States, respectively, sitting in Baltimore, Maryland.
All or part of our Services may be subject to U.S. export control and economic sanctions laws ("Export Controls"). You will abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a "Prohibited Jurisdiction"), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that
If acquired by any agency of the U.S. Government, such agency acknowledges that
We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and DoubleTap relating to your access to and use of our Services. The failure of DoubleTap to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. All of your transactions and communications with us may, at our option, be conducted electronically.
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the "Last Updated" date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions or concerns regarding the Services or these Terms, please contact DoubleTap at legalContact@doubletapsoftware.com.
The following terms apply if you are accessing or using our mobile application ("App") on an Apple Inc. ("Apple") branded mobile device.