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WEBSITE BUILDR

SUPPORT

ADDITIONAL SERVICES

 

TAPIOCAN WEBSITE TERMS AND CONDITIONS

Last updated May 5, 2021

 

The domain names www.tapiocan.com, www.tapiocan.ca, and the Tapiocan brand are owned and operated by Buildr Technology Corporation, a registered federal corporation in Canada. For any necessary information, you can contact Tapiocan to the email address info@tapiocan.com.


The rates relating to the services rendered by Tapiocan are present on the pages of the website www.tapiocan.com to which reference should be made.

 

Definitions

-Developer: Any natural or legal person who registers to develop websites in accordance with the terms and conditions of this agreement.

-User: Any natural or legal person who registers to use the Company's services in accordance with the terms and conditions of this agreement.

-End User: Any natural or legal person who uses or uses a website created by a Developer.

-Client (s): the Developer, the User or the End User.

-Tapiocan: The site builder platform and / or the services provided by the Company with which the Developer can create websites.

-Websites: The software, contents and digital materials created using Tapiocan.

-Web hosting: represents the way to make one or more websites public on the network; this is a certain amount of hard disk space on an internal server on which to store web pages.

-Services: services offered available and purchasable under the conditions established in these General Contract Conditions. Any services not mentioned in these General Contract Conditions may be provided under the terms and conditions established by the Company with a specific contract. It should be noted that the services can also be provided by third parties and in this case the Company is not liable for any disservices or anything else connected with the failure and / or incorrect provision of the services by the same third parties and any consequent damages.

-Additional services: custom services provided by the Company at the request of the Developer or the User or the Customer.

-Consumer: the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity.

-Professional: the natural or legal person acting in the exercise of his / her business, commercial, craft or professional activity.

 

1. Introduction
Tapiocan is a publicly accessible site with which Developers and / or Users can create and manage Web Sites. In order to create, manage or obtain Web Sites, the Developer must own and manage a valid Tapiocan account by signing up to this contract.

 

2. Acceptance of the Agreement
2.1 The use of Tapiocan for the creation and management of Websites is governed by a legal agreement stipulated between the Developer and / or User and Buildr Technology Corporation d/b/a/ Tapiocan.com , which consists of the Tapiocan Terms & Conditions agreement. In order for the Developer and / or User to be able to use Tapiocan to create and manage their Websites, they must accept this Agreement by clicking on the "Register".
The Developer and / or User cannot create and manage Websites using Tapiocan if he has not previously viewed and accepted this Agreement.

2.2 The Developer and / or User may not use Tapiocan and enter into this Agreement if (a) is not of age and, consequently, authorized to enter into a binding contract with Tapiocan or (b) is a person or entity that has been prohibited the use of the Tapiocan software under the laws of Canada, the United States or other countries, including the country of residence or from which you use the Tapiocan software.

2.3 The Developer and / or User represent and warrant that they have the full powers, ability and authority to accept this Agreement. If Developer agrees to be bound by this Agreement on behalf of your employer or another entity, you represent and warrant that you have full legal authority on behalf of your employer or such entity to this Agreement. If he does not have the necessary authority, he cannot accept the Contract or use Tapiocan on behalf of the employer or the entity in question.

 

3. Assistance
The Developer will be solely responsible for the provision of support and maintenance services relating to its Websites and for any complaints concerning the same. Developer contact information relating to support should be displayed on every page created by Developer, and made available to end users to enable them to request assistance. Failure

provision of adequate assistance with reference to the Developer's Websites may, in some cases, lead to removal from Tapiocan.


4. Use of Tapiocan by the Developer
4.1 Without prejudice to the license rights granted by the Developer pursuant to Section 5 below, Tapiocan agrees not to obtain from the Developer (or its licensors) any right, title or interest under this Agreement in relation to the Products, including the intellectual property rights inherent in such applications.

4.2 The Developer agrees to use the Tapiocan service exclusively for the purposes permitted (a) by this Agreement and by the regulations of the Tapiocan program, as well as (b) by any applicable law or regulation or practice or guideline generally accepted in the competent jurisdictions (including e.g. any laws relating to the export of data or software to and from the United States or other relevant countries).

4.3 In using the Tapiocan service to create and manage Websites, the Developer undertakes to protect the privacy and legal rights of the end users. If users communicate to Developer, or the Website accesses or uses, usernames, passwords or other access data or personal data, the Developer is obliged to inform end users that he or the Website will access such information, as well as to provide end users with protection and a privacy policy compliant with legal requirements. Additionally, the Website may use end user information only for the limited purposes for which the end user has granted permission to the Developer. If the Developer stores, including through the Website, personal or sensitive data provided by end users, such storage must take place in accordance with security measures and only for the period of time necessary. If the end user has entered into a separate agreement with the Developer that allows the latter or the Website produced by him to store or use personal or sensitive data directly related to the Website (excluding other products or applications), the use such information from Developer will be governed by the terms of such separate agreement. If the end user provides the Developer, including through the Website, with details about his Tapiocan account, the Developer may use the aforementioned details, also through his Website, to access the end user's Tapiocan account only when and to the extent that the user has granted authorization for this purpose.

4.4 Unauthorized activities and responsibilities:
4.4.1 The Developer, the User and / or the End User, undertakes not to carry out any activity within the Tapiocan service, including the development or publication of Websites or other materials, which violates the program regulations Tapiocan or that:
knowingly violates a third party's terms of service, violates applicable laws or regulations, interferes with, disrupts, damages, or accesses unauthorized computers, hardware, devices, servers, networks, data or other assets, or services owned by third parties, including, by way of example, Tapiocan users and any network operator, or makes the use of the service unpleasant to the user by publishing repetitive content or misleading information relating to the purpose of an application, violates the rights of intellectual property of other users, allows the unauthorized download of multimedia elements or streaming content,
view (through text, images, videos or other multimedia elements) or address to: illegal content, violations of personal privacy or the right of editorial advertising, content that interferes with the functioning of servers, networks or services of other parties, incitements to hatred or violence, violations of intellectual property rights, including patents, copyrights (please read the Digital Millennium Copyright Act by Google), trademarks, trade secrets or other proprietary rights of any party, materials not suitable for minors or pornography, obscenities, nudity or sex scenes.

4.4.2 The Developer agrees not to access (or attempt to access) the Tapiocan service by any means other than the interface provided by Tapiocan, unless specifically authorized by another agreement entered into with the latter.

4.4.3 The Developer cannot divert end users or provide links to other sites that imitate Tapiocan or pretend to be Tapiocan.
For the avoidance of doubt, Developer may offer Websites as access points to paid services for which customers have registered and for which they have expressly provided payment information.

4.4.4 Developer's Product Website may not use or contain the NPAPI plug-in unless the Developer has prior authorization from Tapiocan for such use.

4.5 The Developer agrees to be solely responsible for all the Websites created and managed by him with Tapiocan and for the consequences of his actions (including any damage or loss suffered by Tapiocan or third parties) and for this effect indemnifying Tapiocan from any liability in any way connected for such actions towards the Developer himself and third parties.

4.6 The Developer agrees to be solely responsible for any breach of its obligations arising from this Agreement, from contracts in force with third parties or terms of service of third parties, from the application of laws or regulations in force and also for the consequences of the violation of the themselves (including any damage or loss suffered by Tapiocan or third parties), as well as Tapiocan is not responsible in any way towards the Developer himself and third parties for such violations.

4.7 Product Evaluations.
4.7.1. Tapiocan will allow end users to express their own opinion with reference to the Websites. Tapiocan may use or publish performance data, for example data relating to the percentage of views, to identify or remove Websites that do not meet the acceptable standards determined by Tapiocan. Tapiocan reserves the right to show the Websites to users in a manner determined in its sole discretion.

4.7.2. The Websites produced by the Developer may be subject to judgments that the Developer may not agree with.
The Developer can contact Tapiocan if he has questions or doubts about the method of judgment.

4.8 Marketing of the Product.
Developer will be responsible for its Websites, for providing end users with the necessary information on the Website, as well as for the precise communication of the security permissions necessary for the Websites to function on end users' computers, hardware or other devices.

 

5. Licenses
5.1 The Developer grants Tapiocan and its affiliates a free, non-exclusive and valid worldwide license to host, link, copy, translate, publicly perform and display, test, distribute and otherwise use the Websites and content on, available from or transmitted through the Websites.

5.2 The Developer grants the end user a non-exclusive license, valid all over the world and perpetual to run, view and use the Websites and the contents present in, available from or transmitted through the Websites hosted by Tapiocan. The Developer has the opportunity to choose whether to include a different End User License Agreement (EULA) on its Website which will govern the same user's rights with respect to the product license.

5.3 Tapiocan may make use of consultants and other appointees with reference to the execution of the obligations and the exercise of the rights provided for in this Agreement, provided that the aforementioned consultants and appointees are bound by the same obligations to which Tapiocan is subject. .

5.4 The Developer declares and warrants that it owns, and maintains, all the rights necessary to grant licenses relating to the Websites and the content contained therein, available or transmitted through the Websites to Tapiocan, related affiliates and end users of the Sites Web.

5.5 Subject to the license rights granted in this Agreement, (a) Developer retains all rights in the Websites and (b) each party retains all rights independent of this Agreement, including rights under the U.S. Copyright Act of the United States or similar laws of other jurisdictions. Tapiocan acknowledges and agrees, that pursuant to this agreement, that you will not obtain from the Developer (or its licensors) any right, title or interest in the content sent, posted, transmitted or displayed on or through the Websites, including any right to intrinsic intellectual property in such content (whether or not such rights are registered and wherever in the world they exist). Unless otherwise agreed in writing with Tapiocan, the Developer agrees to be responsible for the protection and application of these rights and that Tapiocan has no obligation to do so on behalf of the User.

 

6. Distinctive elements of the brand and editorial advertising.
6.1 "Brand Features" means the trade names, trademarks, service marks, logos, domain names and other brand features of each party, owned by (or licensed by) this part when necessary.

6.2 Each party holds all right, title and interest, including, without limitation

, all intellectual property rights relating to the distinctive elements of its brand. Except as expressly provided in this Agreement, neither party grants, nor does the other party acquire, any right, title or interest (including, without limitation, implied licenses) with respect to the other party's Brand Features. Pursuant to the terms and conditions of this Agreement, the Developer grants Tapiocan and its affiliates a limited and non-exclusive license with a duration equal to the duration of this Agreement to show the distinctive elements of the Developer's brand in order to use them in relation to the Tapiocan service and fulfill their obligations arising from this Agreement. Nothing in this Agreement confers on the Developer the right to use the trade names, trademarks, service marks, logos, domain names or other distinctive elements of the Tapiocan brand.

6.3 Editorial advertising.
Tapiocan and its affiliates may incorporate Developer Brand Elements, screenshots, videos and demonstrations of the Websites produced by the Developer and of the content present in, available from or transmitted through the Websites themselves in presentations, materials and marketing events, events Developer's financial statements, website listings (including links to Developer's website), press releases and customer lists (including, without limitation, customer lists posted on Tapiocan websites) in order to market the Tapiocan, Tapiocan products and services or advertise the Developer's Website. Tapiocan grants the Developer a limited, non-exclusive, effective worldwide and free license to use the Distinctive Elements of the Tapiocan brand for the period of validity of this Agreement exclusively for advertising purposes and only in compliance with the Tapiocan Brand Guidelines.

 

7. Removal, control and updates of the Products.
7.1 Developer Removal.
The Developer may remove its Websites from Tapiocan in such a way that they are not manageable and managed in the future through Tapiocan at any time, but must comply with the terms of this Agreement in relation to each Website managed through Tapiocan.
The removal of the Developer Websites from Tapiocan in such a way that they are no longer distributed through Tapiocan does not (a) imply the termination or modification of the license rights attributed to the end users who have used the Websites previously or (b) not involves the removal of the Websites from computers, hardware or other devices of end users or from any section of Tapiocan where information relating to the Website is stored.

7.2 Control and removal by Tapiocan.
Tapiocan has no obligation to monitor the Websites or their contents, but may at any time check or test the Developer / User Websites and their source code to verify that they comply with the terms of this Agreement, the program regulations / Tapiocan service and any other term, obligation, law or regulation in force, and may use automatic methods to carry out such checks.
Tapiocan reserves the right to refuse to manage and / or register a Website at its sole discretion.
Tapiocan reserves the right to remove and / or obscure websites that make use of redirects and / or inserted within iframes.
In case of non-compliance, the site can be blacked out.
The Developer may be asked for personal identification or contact data as part of the registration procedure with Tapiocan or for the continuous use of the related Services.
The Developer / User agrees to provide Tapiocan data always accurate, correct and updated. As part of the specification relating to the Website, Tapiocan may require the Developer to include information such as your name and email address in the presentation of the Website. Tapiocan may use this information for the presentation of the Website in its directory or for other uses.
If Tapiocan is notified by the Developer or otherwise becomes aware and evaluates in its sole discretion that a Developer / User Website, a portion of it or the Developer Brand Elements:
(a) violate any intellectual property rights or any other third party rights;
(b) violate applicable laws or are subject to injunction;
(c) contain pornographic, obscene material or otherwise violate Tapiocan's rules on hosting or other terms of service that may be updated by Tapiocan occasionally at its sole discretion;
(d) are published or distributed incorrectly;
(e) may give rise to liability on the part of 

Tapiocan or third parties;
(f) contain in the opinion of Tapiocan viruses or are considered by Tapiocan to be malware, spyware or harmful to the network of Tapiocan or third parties;
(g) violate the terms of this Agreement or the regulations of the Tapiocan program;
(h) damage the integrity of Tapiocan's servers (i.e. users are unable to access the content or encounter difficulties); Tapiocan may prevent the Website from being displayed, remove the Website from its system, disable it or remotely remove it from your systems or devices, or mark, filter and edit related materials (including, without limitation, descriptions, screenshots or metadata) or reclassify the Website in your sole discretion.
The Developer may contact Tapiocan if you have any questions or doubts regarding a removal order.
Tapiocan reserves the right to suspend or prevent access to any website in the system at its sole discretion.

 

8. Developer Credentials
8.1 The Developer agrees to be responsible for the confidentiality of the credentials that may be issued in favor of the same by Tapiocan or that can be chosen by the Developer himself. The Developer further agrees to be the only person responsible for all applications developed on the basis of his credentials.

8.2 Tapiocan may limit the number of Websites that the Developer / User, the company or organization he works for can create and manage.

8.3 Tapiocan may, at its sole discretion, suspend or terminate the Developer / User right to manage Websites through Tapiocan for any reason, including but not limited to: (a) violation of the Agreement or of the regulations of the Tapiocan program or (b) violation of any intellectual property rights, including copyright. For more information on Tapiocan's copyright rules, read the information presented here.

 

Art.9 - Suspension and deactivation of the service
9.1. The Company reserves the right to suspend and / or interrupt the use of the Platform or services or to disconnect (temporarily or permanently) the Client's account and this without acknowledgment of any refund, indemnity and / or compensation, should it become aware or determines, in its sole unquestionable judgment, that the Customer has violated or is violating the provisions of the previous articles 6,7 and 13, as well as the current legislation, by giving notice to the Customer by e-mail.

9.2. The Company also reserves the right to suspend (temporarily or permanently) the use of the service if it becomes aware or believes, at its sole discretion, that one of the following circumstances has occurred or is occurring: a) use of the service that causes a situation of danger or instability of the server such as to cause damage to the Company; b) anomalous traffic or traffic such as to prevent the normal provision of the service in favour of other customers; c) if the public authorities or other third parties communicate to the Company an illegal or improper use or use that does not comply with the rules of the netiquette of the service by the Customer; d) violate the intellectual property rights or any other rights of third parties; e) contain pornographic, obscene material or otherwise violate the Company's rules on hosting or other terms of service; f) are posted or distributed incorrectly; g) may give rise to liability on the part of the Company or of third parties; (h) in the Company's judgment contain viruses or are considered by the Company to be malware, spyware or harmful to the Company's or third party's network; (i) violate the terms of this Agreement.

9.3. The Company may prevent the website from being displayed, remove the website from its system, deactivate or remove it remotely from the Client's systems or devices, or mark, filter and modify related materials (including, without limitation, descriptions, screenshots or metadata) or reclassify the website in its sole discretion.

9.4. The Company reserves the right to suspend or prevent access to any website in the system at its sole discretion.

9.5. In any case, the Company reserves any action for recourse and / or compensation or in any case provided for by law on the person responsible for said violations or the right to exercise the termination clause.

 

Art.10 - Duration
10.1. The parties agree that the contract will have an annual duration that will run from the activation of the service.

10.2. The parties agree that on the date of natural expiry of the contract, the same will be tacitly renewed for the same duration, and so from year to year, unless one of the parties is terminated by PEC 

sent at least 60 days before the deadline, unless otherwise agreed in writing between the parties during the term of the contract.

10.3. In order to avoid service interruptions (represented by way of example only by the non-renewal of the domain in due time, etc.) the automatic payment system may proceed to debit the amount of the cost from the payment systems already chosen by the Customer. of the service up to 31 days before the expiry date of the contract.
In the event that the debit attempts are unsuccessful, the Company assumes no responsibility for damages, direct and / or indirect, deriving from the non-renewal of all the services purchased, even from third parties, which require an annual renewal .

10.4. In any case, the automatic renewal will not be effective if the fee for the service has not been collected by the Company at least 5 (five) days before the expiry of the contract.

 

11. Privacy and information
11.1 In order to continuously improve and innovate the Tapiocan service, Tapiocan may collect some statistical data relating to the use of the Tapiocan program and users' computers, devices or other hardware, including, by way of example, information on how to use the program. Tapiocan and the Web Sites created and hosted therein.

11.2 The data collected is examined as a whole to improve the Tapiocan program for the benefit of Users and Developers and is kept in accordance with the Privacy Policy applied to Tapiocan. To ensure the improvement of the Websites, certain aggregate data may be made available to the Developer upon written request.

 

Art.12 - Consideration and payment methods
The cost charged to the customer must be considered annual. It can be paid, at the Customer's choice, either with a single payment or with single monthly payments.
If the Customer opts for the monthly payment method, he may decide to switch to the annual payment method at any time, with the application of the discount provided for this payment, but the reverse option is expressly excluded.

Art.12.1 - Obligations of the parties and cases of exclusion of liability

12.2 The Customer acknowledges that the Company does not have the possibility to exercise any control over the content of the page and / or website object of the service and that therefore it cannot in any way be responsible for the non-use of the service or for the failure or malfunction. of the material owned by the Customer.

12.3. The Customer acknowledges and expressly accepts that the use of the service and the dissemination and storage of the information obtained or granted through the Platform or the services are carried out at their own and exclusive risk and that the same is the sole and exclusive responsible for any damage to their own computer or for data loss resulting from using the service.

12.4. The Customer declares to have read the characteristics of the type of service chosen as better described on the web page www.Tapiocan.com.

12.4. The Company does not provide any type of guarantee, expressed or implied, of merchantability, compatibility or suitability for a particular purpose of the Customer or third parties and, moreover, does not provide any guarantee as to whether the service corresponds to the requirements and needs. of the Customer himself.

12.5. The Customer acknowledges and agrees that the Company does not provide any guarantee regarding the results that can be obtained with the use of the service, regarding any software and hardware errors of the service or concerning the reliability of any information obtained by the user for the through the service.

12.6. The Company cannot be held responsible for any direct and / or indirect damage resulting from the use of the service or from the interruption of the operation of the service. The Company does not provide any guarantee regarding the quality of materials, goods or services sold, purchased or otherwise obtained by the user through the service or following any transactions made through the service itself. The provisions of this point remain valid even after the expiry of the contract.

 

Art.13 - Early withdrawal
13.1 The parties agree that the Customer may unilaterally withdraw from the contract by contacting Tapiocan together with a copy of the personal identity document or of its legal representative with a notice of fourteen (14) days which will be followed by the deactivation of the access credentials to the Platform or to the services with the termination of the same.

13.2 If the Customer exercises this right, the Company will still have the right to withhold the entire amount paid by the Customer as an annual fee for the service that 

will be considered charged as payment for the withdrawal also for the period of service not used. In the event that the annual fee at the time of withdrawal has not been paid in full, the Company will in any case have the right to demand payment even for the unused service period.

 

Art.14 - Consumer's withdrawal
14.1 30 Day Trial Free Account - Each free account has a 30 day trial period. Your trial account and website will be deactivated at the end of the trial period.

14.2 Pro Account Cancellation Policy - Tapiocan offers all users a 30-day free trial account, and users have complete access to all components and features except some advanced functionalities. The Pro Account (Monthly and Annual Subscription) is unavailable for cancellation and refund. This includes custom domains and sites created on behalf of the customer through the Tapiocan resellers or Tapiocan Custom Services (Buildr Digital).
14.3 Domain & Mailboxes Cancellation & Refund Policy - Domain and Mailboxes are final sale and not refundable. If you are a Pro (Monthly) user that got a free domain, Tapiocan will deduct $25 CAD from the total refund payment.

In the event that the Consumer has benefited from the subscription of discounts and promotions, he will not be entitled to any refund

 

15 Termination of the Agreement
Tapiocan may, at any time, terminate this Agreement with the Developer, User and / or End User, by way of example and not exclusively, if:
(A) the Developer, User and / or End User have violated any provision of this Agreement;
(B) Tapiocan is required to do so by law;
(C) Tapiocan decides to no longer provide any service.

15.1 Following the termination of this Agreement, Tapiocan will cease to distribute the Developer, User and / or End User Website, but may keep and use copies of the Website for support purposes relating to the Tapiocan service.

 

16. Disclaimer of Warranties
16.1 The Tapiocan service is provided "as is" and "as available", with the exclusion, by way of example, of any guarantee regarding the timing, frequency or implementation of the distribution of the developer's product updates.

16.2 The use of the Tapiocan program and any material downloaded or obtained in any other way through the use of Tapiocan by the Developer and / or User, is at its sole discretion and at its sole risk and the Developer and / or User is the 'solely responsible for any damage caused to your computer or other device and for any loss of data resulting from such use.

16.3 Tapiocan makes no warranties, express or implied, including but not limited to the implied warranties and conditions of merchantability, of the absence of fitness for a particular purpose.

 

17. Limitation of Liability
The Developer, the User and / or the End User expressly accepts that Tapiocan, its affiliated and affiliated distributors and licensors, are not liable towards the user of the Tapiocan service, for any direct, indirect, accidental damage, special, consequential or exemplary possibly suffered and whatever the cause and presumed responsibility.
This disclaimer includes any loss of data, even if Tapiocan or its representatives have been advised or should have known about the possibility of such a loss.

 

18. Compensation Obligations
Within the limits established by law, the Developer, the User and / or End User agrees to indemnify and hold harmless Tapiocan, its affiliates and their respective managers, officers, employees and agents from any claim, action, cause or legal proceeding and from any loss, liability, damage, cost and expense (including legal fees) deriving from (a) the use of the Tapiocan service by the Developer and / or User, in violation of this Agreement, the regulations of the Tapiocan program or any law or regulations in force, (b) from the violation through the Website of copyright, trademark rights, trade secrets, trade books, patents or any other intellectual property right of any person, (c) from defamatory activities of any person or from the violation of your rights of personality or privacy, and (d) from third party complaints deriving from or relating to the Website or the use of the Tapiocan service.

 

19. Amendments to the Agreement
19.1 Tapiocan may occasionally make changes to this Agreement.
If such changes are made, Tapiocan will make a new copy of the Agreement available on the Tapiocan website at https://www.Tapiocan.com. It is the responsibility of the Developer, User and / or End User to periodically check the terms and conditions of this Agreement. The changes will become effective and will be considered accepted by 

developer and / or User, (a) immediately for those who become Developers and / or Users after the modification, or (b) for those who are already Developers and / or Users, Tapiocan will provide a notice of 30 (thirty) days within which the changes will become effective (subject to the changes required by law which will be immediately effective).

19.2 The Developer and / or User, having received an email notification of the change made unilaterally by Tapiocan to the contract, will have the right to withdraw from the Service by sending a simple request email to support@tapiocan.com.

 

20. General legal terms
20.1 This Agreement constitutes the entire legal agreement stipulated between the Developer, the User and / or End User and Tapiocan, governs the use of the Tapiocan program and service by the same and completely replaces any previous contract stipulated between them and Tapiocan in relation to the Tapiocan program and service. The Contract with Tapiocan, the regulation of the Tapiocan program and service and the Terms of Service will be applied in the order indicated if there are inconsistencies between them, to the extent of such inconsistencies.

20.2 The Developer, the User and / or the End User accepts that the non-exercise or the non-application by Tapiocan. of any legal right or remedy provided for in this Agreement (or from which Tapiocan benefits under any applicable law) will not be considered as a formal waiver of the rights of Tapiocan. and that such rights or remedies will remain available to Tapiocan.

20.3 If a Court, having legal jurisdiction in the matter, decides that a provision of this Agreement is invalid, that provision will be removed without any effect on the other terms of the Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

20.4 The Developer, the User and / or End User acknowledges and accepts that each company of the group of which Buildr Technology Corporation d/b/a Tapiocan is the main company will be the third beneficiary of the rights deriving from this Agreement and that such companies will have the right to apply directly and to rely on any provision of the Agreement that gives them an advantage or gives them rights in their favor. Other than them, no other person or company will be a third party beneficiary of this Agreement.

20.5 Export Restrictions.
The Websites available in the Tapiocan system may be subject to export controls or restrictions imposed by the European Union. The Developer, User and / or End User undertakes to comply with all export laws and regulations in force in the European Union. These laws contain restrictions on destinations, end users and end use.

20.6 The rights granted through this Agreement cannot be assigned or transferred anywhere (Developer and / or User or Tapiocan.) without the prior written consent of the other party. Neither the Developer nor Tapiocan may delegate their responsibilities or obligations under this Agreement without the prior written consent of the other party.

20.7 This Agreement and the relationship between the Developer and Tapiocan. established by the Contract will be governed by the laws of the State in which Tapiocan is located, without considering the rules of private international law. The Developer and Tapiocan. agree to accept as exclusive jurisdiction that of the Court in which Tapiocan is located, for the resolution of any legal question arising from this Agreement. Nevertheless, the Developer agrees that Tapiocan is still authorized to seek injunctive remedies (or an equivalent type of urgent legal remedy) in any jurisdiction.

20.8 The obligations set forth in Sections 5, 6, 7, 16, 17, 18 and 20 will remain effective even after the expiry or termination of this Agreement.

Tapiocan Advertising Online Terms of Service

1. Tapiocan Advertising
By using our Services, the User registered on the Tapiocan platform accepts these terms (the "Terms of Tapiocan Advertising"), the conditions contained in the Terms and Conditions of the Tapiocan Program (collectively, the "Agreement"). If in conflict, the Terms of Tapiocan Advertising will prevail over any other term of the Contract.
We therefore invite the User to carefully read the Agreement in its entirety.
Where used in the Agreement, the term:
"User" means the natural or legal person who uses the Services (and / or any natural, legal person or person with motive, agency or network acting on behalf of the User);
"we", "us" or "Tapiocan" indicates Tapiocan.;
"Tapiocan" indicates the platform and / or program managed by Tapiocan;
"Parties" means the User and Tapiocan;
"Service" (and / or Services) means the services rendered by Tapiocan. to Users through the Tapiocan or Tapiocan Advertising platform 

 

2. Access to services; Tapiocan Account
In order to use Tapiocan Advertising, the User must create, by registering, their own account on Tapiocan and add an advertising component, approved by us, within their website.
By adding advertising components, the User agrees to host advertising banners and other content ("Ads") provided by advertising dealers and / or advertisers ("Third Parties") approved and selected by Tapiocan.
We reserve the right to refuse or limit the User's access to the Tapiocan Advertising Online Service. By submitting an application to use the Services, if the User is a natural person, he declares to be at least 18 years old.

 

3. Use of our services
You may use our Services only to the extent permitted by this Agreement. Improper use of our Services is prohibited. For example, the User cannot interfere with our Services nor can he try to access them using a method other than the interface and instructions we provide.
The User can stop using the Advertising Service at any time by removing the advertising component from his Account.

 

4. Changes to our services; changes to the contract
We are constantly changing and improving our Services. We reserve the right to add or remove features or elements of the Services at any time and we may either suspend or terminate a Service.
We reserve the right to modify the Agreement at any time. We will post any changes to the Tapiocan Advertising Online Terms of Service on this page and to the Tapiocan Terms and Conditions on the respective pages. Changes will not be applied retroactively and will generally become effective 14 days after their posting. However, changes that correspond to new functions for a Service or changes made for legal reasons will be effective immediately. In case of disagreement with one of the modified terms in the Agreement, the User must terminate the use of the affected Services.

 

5. Payments
Pursuant to this article and article 10 of these Terms of the Tapiocan Advertising Online Service, the User will receive a payment proportional to the number of valid clicks and the number of valid Ad impressions displayed on his site, as determined by Tapiocan in proportion to what received from third parties for those clicks and impressions deemed valid.
Payment will be made by the end of the calendar month following the one in which the balance accrued on the User's Account matches or exceeds the payment threshold, currently set at € 50.00.
In case of termination, we will pay the User within 90 days from the end of the calendar month in which the balance accrued on the User's Account equals or exceeds the applicable payment threshold.
Unless expressly authorized in writing by Tapiocan, the User cannot sign any type of agreement with another person in which that person receives payments made to the User under the Contract or other financial advantage connected to the Services.
Payments will be calculated solely on the basis of our accounts.
Payments to the User may be withheld to reflect, or modified to exclude, any amount refunded or credited to advertisers and any amount deriving from invalid activities, as determined by Tapiocan in its sole discretion.
Establishing what an invalid activity is is in all cases the prerogative of Tapiocan and such activities include, but are not limited to: (i) spam, invalid requests, invalid impressions or invalid clicks on Ads generated by any person , bots, automated programs or similar tools, including through any click or impression originating from the User's IP addresses or computers under the User's control; (ii) solicited clicks or impressions generated by payment of money, misrepresentations, or requests from site visitors to click Ads or take other actions; (iii) Ads shown to site visitors whose browsers have JavaScript disabled; and (iv) clicks or impressions combined with a significant amount of activity described in (i, ii, and iii) above.
In addition to our other rights and remedies, we reserve the right to (a) withhold and set off any payment due to You under the Agreement with any compensation owed to us by You under the Agreement or any other agreement, or (b) request the User to refund us within 30 days of any invoice, any amount that we may have overpaid in previous periods. If the User disputes any payment made or withheld relating to the Services, he must notify Tapiocan in writing within 30 days of each such payment. In the event of default, any related claims 

the disputed payment will not be accepted. Where an advertiser whose Ads are displayed on any site is in default in payments to Tapiocan, we reserve the right to withhold the payment or re-allocate it to the User's Account.
To ensure correct payment, it is the User's responsibility to provide and maintain accurate contact and payment details in the Account. Any bank charges applied by those who manage the payment on behalf of the User are charged to the User.

 

6. Taxes
Between the User and Tapiocan, Tapiocan is responsible for all taxes (if any) associated with the transactions between Tapiocan and the advertisers in connection with the Ads displayed on the sites. The User is responsible for all taxes (if any) associated with the Services. All payments to the User by Tapiocan in relation to the Services will be treated as inclusive of taxes (where applicable) and will not be modified.

 

7. Intellectual property; elements of the brand
Except as expressly provided in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party's licensors.
If Tapiocan provides the User with software in connection with the Services, it grants the User a non-exclusive license, which cannot be sublicensed for the use of such software. This license has the sole purpose of allowing the User to use and enjoy the benefits of the Services as provided by Tapiocan, in the manner permitted by the Contract. It is forbidden for the User to copy, modify, distribute, sell or rent any part of our Services or software included therein, nor is it possible to perform reverse engineering or attempts to extract the source code of such software, unless the law prohibits such limitations or that the User has the written permission of Tapiocan. It is forbidden to remove, obscure or modify the provisions relating to copyright, the Elements of the Tapiocan Trademark or other notices of property rights connected or contained within any Tapiocan service, software or documentation.
We grant the User a non-exclusive, non-sublicensable license for the use of Tapiocan trade names, trademarks, service marks, logos, domain names and other distinctive elements of the brand ("Brand Elements") only in connection to the use of the Services by the User and in accordance with the Contract and the Instructions relating to the use of the Tapiocan Trademarks by third parties. We reserve the right to revoke this license at any time. Any goodwill deriving from the use by the User of the Elements of the Tapiocan Trademark will belong to Tapiocan.
We reserve the right to include your name and Brand Elements in our presentations, marketing materials, customer lists and financial reports.

 

8. Confidentiality
Please refer to the Privacy Policy published on the Tapiocan website for the terms in which we process the User's personal data and protect the User's privacy when using our Services. By using our Services, the User accepts that Tapiocan may use such data in accordance with its privacy policies.
By using the Tapiocan Advertising Online Service, the User expressly declares to have read and understood the Privacy Policy published on the Tapiocan website.

 

9. Confidentiality
You agree not to disclose Tapiocan's Confidential Information without our prior written consent. "Tapiocan Confidential Information" includes: (a) all Tapiocan software, technology and documentation relating to the Services; (b) statistics relating to the use of the Service; (c) the existence of, and information on, beta elements in a Service; and (d) any other information made available by Tapiocan that is defined as confidential or that would normally be considered confidential according to the circumstances in which it is presented. The Confidential Information of Tapiocan does not include information already known to the User before his use of the Services, which becomes public not for the User's responsibility, which has been developed independently by the User or which has been lawfully provided to the User. from third parties.
The User, however, can reveal the exact amount of the gross payments received by Tapiocan deriving from the use of the Services.

 

10. Termination
The User can terminate the Contract relating to the Tapiocan Advertising Online Service at any time by completing the procedure for removing the banners from the Account and consequent written communication to support@Tapiocan.com. The Contract will be considered terminated within 10 working days of receipt of the User's notice by Tapiocan. If the User terminates the Contract and has accrued a balance equal to or exceeding the applicable threshold, Tapiocan will pay the User 

the balance accrued within approximately 90 days from the end of the calendar month in which the Contract was terminated. As a penalty, any balance accrued up to the time of withdrawal below the applicable threshold will be forfeited by Tapiocan.
Tapiocan may at any time terminate the Agreement, suspend or revoke the participation of any Account in the Services for any reason. If we terminate the Agreement as a result of a breach by the User or due to invalid activity carried out by the User, we reserve the right to withhold unpaid amounts or re-charge them to the User. In case of violation of the Agreement by the User or suspension or termination by Tapiocan of the User's Account, the User will not be allowed to create a new Account.

 

11. Indemnification
The User agrees to indemnify and defend Tapiocan, its affiliates, agents and advertisers from and against any and all third party claims and liabilities arising from or connected to their Account, including any content made available in the Account that is not provided by Tapiocan. , the use of the Services or the breach of any term of the Agreement by the User. Tapiocan advertisers are third party beneficiaries of this indemnity.

12. Statements; guarantees; disclaimers of liability
The User declares and warrants (i) that he has full powers and authority to enter into the Contract; (ii) that I own, or be legally authorized to act in the name and on behalf of, the owner of each Account; (iii) to be the person who takes the technical and editorial decisions in relation to each Account for which the Services are implemented and to have control over the ways in which the Services are implemented for each Account; (iv) that Tapiocan has never previously revoked or otherwise disabled a Tapiocan Account created by the User following a breach of the Contract or due to invalid activity by the User; (v) that the stipulation or execution pursuant to the Contract does not violate any contract that the User may have with third parties or any third party rights; and (vi) all information provided by the User to Tapiocan is correct and current.
Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under the Agreement.
Except as expressly set forth in the Agreement, we make no promises regarding the Services. For example, we make no commitment regarding the content within the Services, the specific function of the Services, or their profitability, reliability, availability, or ability to meet the User's needs.
No conditions, warranties or other terms are applicable to any Service or to any other good or service provided by Tapiocan under the Contract unless expressly stated in the Contract. No implied conditions, warranties or other terms are applicable (including any implied terms of satisfactory quality, fitness for purpose or conformity to description).

 

13. Limitation of Liability
Nothing in the Agreement will exclude or limit any party's liability for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any fact that cannot be excluded or limited by law.
Neither party shall have any liability (whether contractual or non-contractual) under or in connection with the Agreement for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise).
The overall liability of each of the parties (whether contractual or non-contractual or otherwise) pursuant to or in connection with this Agreement will not exceed the net amount due to the User by Tapiocan in the period of 12 months immediately preceding the first date on which such responsibility emerges.
The limitations and exclusions of liability in this Section 13 do not apply in relation to any liability you may incur under Section 7 (Intellectual Property; Brand Elements), 9 (Confidentiality) or 11 (Indemnification).

 

14. Miscellaneous
14.1 Entire Agreement; changes.
The Agreement constitutes our entire agreement in relation to the use of the Services by the User and supersedes any previous or contextual agreement having such object. Neither party shall have any right or compensation based on any statement, representation, or warranty (whether made negligently or without fault) not expressly set forth in the Agreement. This Agreement may be amended (i) in writing where signed by both parties and expressly required to amend the Agreement, or (ii) as set forth in section 4, if the User continues to use the Services after the Agreement has been amended. aside 

by Tapiocan.

14.2 Transfer.
The User cannot assign or transfer any of his rights under the Agreement.

14.3 Independent Entities.
The parties are independent entities and the Agreement does not create any agency, partnership or joint venture relationship.

14.4 No Third Party Beneficiaries.
Except as set forth in Article 11, this Agreement does not create any third party beneficiary rights.

14.5 No Waiver.
Except as provided in Article 5, failure by either party to enforce any provision of the Agreement will not constitute a waiver.

14.6 Severability.
Where it becomes apparent that a particular term of the Agreement is not applicable, the remainder of the Agreement will remain fully in force and enforceable.

14.7 Survival.
The effects of articles 7, 9, 10, 11, 13, and 14 of these Tapiocan Advertising Online Terms of Service will survive the termination of these Terms of Service.

14.8 Applicable law; jurisdiction.
The Contract is governed by Italian law and the parties refer any dispute (contractual or extra-contractual) concerning the Contract to the exclusive jurisdiction of the Court of Catania.

14.9 Force majeure.
Neither party will be liable for inadequate performance to the extent that it is caused by a condition (for example, natural disaster, act of war or terrorism, riot, working conditions, government action and problems on the Internet) that is beyond reasonable part control.

14.10 Communications.
In connection with the use of the Services, we may contact you in connection with service announcements, administrative messages and other information. The User can opt out of some of these communications in the Account settings. For information on how to contact Tapiocan, visit our contact page.

 

Tapiocan Custom Services (Buildr Digital) Contract

1. Introduction
With the Tapiocan Express Service, the User entrusts Tapiocan the task of creating a site with the characteristics listed below.

 

2. Characteristics of the service
By subscribing to this service, the User entrusts Tapiocan with the study, design and creation of a showcase site, useful for adequately presenting his business by inserting textual content and images provided by the Customer on a site. web having a standard architecture.
In its standard composition, the site will consist of 3 pages:
1. Home
2. Who we are
3. Contacts
Tapiocan will create and deliver to the Customer a single site proposal; any changes, additions and / or updates must be carried out by the Customer in total autonomy. Tapiocan will assume the task of modifying, integrating and / or updating the website created pursuant to this contract, only after an additional agreement to be entered into with the Customer.

 

3. Disclaimer of Liability
Tapiocan assumes no responsibility for the content and lawfulness of the textual and graphic contents provided by the Customer, and for any damage and liability in any way connected and deriving.
Tapiocan reserves, however, the unquestionable right to refuse the publication of material deemed illicit, illegal, obscene, or in any case contrary to ethics, good taste, the good name of Tapiocan.

 

4. Methods of execution of the service
Tapiocan undertakes to deliver to the Customer a single project of the website within 15 working days of acceptance by Tapiocan of the delivered material. The parties acknowledge Tapiocan the right to extend the delivery time up to 30 working days, if it deems in its sole discretion that it needs to discuss the text or graphic content received with the Customer.
The Customer may decide to modify the website delivered to him by Tapiocan but he cannot refuse it.

 

5. Withdrawal clause
The Consumer will have the right to withdraw from this contract within 14 days of its stipulation, being entitled to a refund of the amount paid for the service (given by the difference between the cost of the Tapiocan Pro service at the time of signing the contract and the amount paid by the Consumer), after deducting the costs already incurred by Tapiocan to execute the contract, as per the prospectus that will be communicated.
The withdrawal governed by this article must be communicated by sending the corresponding communication to the following address support@Tapiocan.com 

using the subject "Withdrawal from the Tapiocan Express service". This communication must be sent by the email indicated by the customer when registering for the Tapiocan service.
The withdrawal from the Tapiocan Pro Service necessarily entails the simultaneous withdrawal from the Tapiocan Express Service.

Custom Services: with this Service Tapiocan provides advice in "social managing" which includes a series of advice relating to strategies, contents and products to be published on social media. Tapiocan does not assume any guarantee regarding the results obtainable with this Service, but its many years of experience in this field is an index of the reliability of the communication strategies prepared for the needs of the Customer.

 

Domain Services Agreement
Tapiocan is a domain reseller registered with Opensrs, a domain wholesale registrar under Tucows, an ICANN-Accredited domain registrar. As a reseller, Tapiocan agrees to the domain reseller agreement from OpenSRS, agreeing to comply with ICANN domain registration laws and requirements.

Tapiocan provides a free domain to Pro (Annual) users, and users could choose a domain from the free domain TLD list (.com/.co.uk/.de/.eu/.fr/.it/.net/.org/.ca). Higher Priced TLDs - If you want to purchase a domain with unique TLDs, you would need to pay an additional cost. However, the domain still belongs to you, treating as the free domain included in the Pro (Annual) plan.

 

Domains and Mailboxes are final sales and non-refundable. 

 

CONTACT US 

These terms and conditions were created using Termly. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

 

Tapiocan.com

support@tapiocan.com

 


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