MyTapRewards Program

Updated: December 3, 2024

THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. BY USING THE SERVICES OR INSTALLING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR DATA AS PROVIDED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE ANY OF THE SERVICES OR INSTALL THE SOFTWARE.

Thank you for your interest in the TAP Rewards Program (“TAP Rewards”) powered by MyTapRewards (the “Company” or “TAP”) and our various online sites, software, and any 3rd party provided add-on software (together the “Software”) providing service as defined below (“Service” or “Services”) to you (“you”, “your” or “user”) subject to these Terms of Use (“Agreement”). These Terms represent an agreement between you and the Company and any 3rd party Extended Software Providers (“ESP” or “ESPs”) and their respective affiliates, and subsidiaries (together, “we”, “us”, or “our”). It is important that you understand both the benefits we provide, as well as the terms which apply to your use of the Software and Services. The Company or TAP, you or user, and we and us collectively herein referred to as the “Parties.”

PLEASE KNOW THAT WE MAY AMEND THESE TERMS AND CONDITIONS AND THE TERMS OF OUR PRIVACY POLICY FROM TIME TO TIME. ALL AMENDMENTS WILL BE POSTED ON THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND OTHER PLACES WE DEEM APPROPRIATE. IF YOU CONTINUE TO USE THE SOFTWARE AND/OR SERVICES AFTER AN AMENDMENT IS POSTED, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY EACH TIME YOU USE THE SOFTWARE AND/OR SERVICES TO DETERMINE IF THEY HAVE BEEN UPDATED. YOU CAN TELL WHEN THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY HAVE BEEN LAST UPDATED BY CHECKING THE DATE AT THE TOP OF THE PAGE. WE ENCOURAGE YOU TO KEEP A PRINTED COPY OF THE CURRENT TERMS AND CONDITIONS AND PRIVACY POLICY FOR YOUR REVIEW AND REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, YOU MUST NOT USE THE SOFTWARE OR SERVICES.

Acceptance of Terms

1. This Agreement constitutes a binding legal contract that governs the purchase and/or ongoing use and access of the Service. You must accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by either: (a) clicking to accept or agree where such option is made available to you; or (b) actually using or accessing the Service.

2. By accepting this Agreement, or by accessing or using the Service or the Software, you represent and warrant the following:

You are at least 18 years old and have the legal capacity to be bound by this Agreement;
All registration information you submit is truthful and accurate; and
If you are accepting this Agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to the entity.

3. Access and use of the Service is subject to the Rewards by Warner Music Powered by TAP Privacy Policy (“Privacy Policy”) available at https://www.myTAPrewards.com/privacy and such policy is incorporated herein by this reference.

4. We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at https://www.myTAPrewards.com/terms with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any rewards offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.

The Service

1. Our Service. The Company has developed and continues to improve Tap Rewards, a rewards system that allows users to engage with unique and personalized content, opt-into offers and rewards that are relevant to them, earn rewards from brand and merchant partners for purchases or actions, and trade rewards on a peer-to-peer digital collectibles marketplace operated by Company (“Marketplace”). Our Service consists of access to the Software contained therein in which we make rewards and offers from a wide range of participating brand and merchant partners available to you. Our Service is delivered through the world wide web (including the Marketplace), stand-alone mobile applications, or add-on software licensed from 3rd party ESPs, including but not limited to browser extension (“Rewards Extension”), and mobile keyboard (“Rewards Keyboard”). Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, non-sublicensable, limited right, during the Term to access the Software and use the Service.

2. ESP Software. ESP software, including but not limited to Rewards Extension and Rewards Keyboard, allows us to provide you with relevant rewards notifications and alerts, and tools that allow you to customize your default homepage, new tab page and/or search experiences. The default search setting may use various search engines such as, but not limited to, Google, Bing, and/or Yahoo. Your use of such search engines is governed by the terms and privacy policies of the applicable search provider available at the following links: Google Terms, Google Privacy Policy, Bing Terms, Bing Privacy Policy, Yahoo Terms, and Yahoo Privacy Policy. You may restore your original search settings by disabling the Rewards Extension in your browser settings or uninstalling the ESP software. When you install the Software and/or use the Services, we use cookies and other monitoring technologies which allow us to customize and enhance your experience on the Software and/or Services. You have a right to understand the way we collect and use information about your access to and use of the Software and/or Services. This information is set forth in the Privacy Policy.

3. Network Content. The Software may integrate, be integrated into, or be provided in connection with Network Partners services or content (“Network Content”). Network Content is used to provide you access with content and features that will enhance your experience with our Services. We do not control Network Content, and your dealings with Network Content, including but not limited to, participation in promotions, purchase of goods/services, or any other type of involvement with Network Content in connection with your redemption, use and/or exploitation of Badge Rewards, are solely between you and the Network Partners. Therefore, you acknowledge and agree that Company, ESPs, and affiliates are not responsible or liable for the availability of, nor does Company, ESPs, or affiliates endorse the products or other materials of the Network Content. You further acknowledge and agree that Company, ESPs and affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Network Content. Finally, you acknowledge that if you access the Network Content, Network Partners terms and conditions, and privacy policies apply to your rights and obligations with respect to such access. Accordingly, we strongly encourage you to read the terms of use agreements and privacy policies that apply to such Network Content accessible on Network Partners websites. If you would like to stop using certain Network Content at any time, you may be able to turn off certain features within our Software.

4. Submissions and Transmissions. Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by Company, ESPs, or affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.

Use of the Service

1. Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:

Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;
Use the Service in violation of any federal, state, local, or international laws or regulations;
Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent;
Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Software, Service, and/or our computer systems; or
Engage in any activities regarded as competitive with the Software and/or Service or interfere with any other user’s or party’s use of the Software and/or Service.

2. Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your Account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use.

Changes and Updates to the Service

1. Service Change. You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, delete or discontinue the features, functionality, content or other aspects of the Service, including any and all rewards and offers, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and Software, shall be subject to this Agreement. We do not guarantee the availability of the Service and/or any of the rewards or offers contained therein, and they are all subject to change at any time without notice.

2. Upgrades. We reserve the right to add at any time additional features or functions to, or release new versions of, the Software and/or any other Services (any such new features, functions or versions, are referred to as "Upgrades"). For instance, the Upgrades may help us better administer the Software and Services and improve your experience. We may automatically make an Upgrade available without notice to you. In addition, the Upgrades may cause the Software to revert to the default settings of the current version of the Software. Unless we provide you with express notice to the contrary, an Upgrade will not delete or modify any data that would not have been deleted or modified if you had installed the then current version of the Software instead of having the Upgrade installed. Finally, although we may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so.

Confidential BETA Test

1. From time to time, we may conduct a limited confidential beta test to allow selected users to test new features, capabilities, and performance of the Services (the “Beta Test”).

User Account(s)

1. Account Registration. To obtain access to the Service as a User, you are required to register for an account (“Account”) on http://www.myTAPrewards.com (the “Site”) by submitting a registration form with your first name, last name, email address, mailing address, phone number and a unique password to login. In order to register for an Account, you must verify through a 2-factor-authentication (“2FA”) protocol that the phone number provided in your Account registration form belongs to you. Currently, only U.S. registered phone numbers are eligible for 2FA verification in connection with Account registration. When registering for an Account you must meet the conditions set forth in “Use of Service – Acceptable Use” Section above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your Account login is personal to you and may not be shared or used by anyone else.

2. Account Information Confidentiality and Security. You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately by contacting us at the email address provided at the end of this Agreement.

Payment Terms

1. Service Fees. There are currently no fees for the Software and Service, but we reserve the right to charge fees for premium tier Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Software, as applicable, or by any other method permitted by applicable law. If you elect to use any premium tier Services after such notice, you must pay all applicable fees for the Services.

Spree Experience Points

1. Purpose. The purpose of Spree Points (collectively, “SP”) is to increase consumer loyalty by rewarding you for making certain qualifying purchases and other actions (“SP-Qualified Action”).

2. Redeeming SP. Subject to these Terms and our approval, you may request that we redeem SP from your Account. SP may only be redeemed from your Account as part of an approved redemption transaction through the Software. Approved redemption transactions that are available to you will be listed on the Software, and we may modify these at any time in our sole discretion. We will deduct SP from your Account for any approved redemption transactions.

You are solely responsible for verifying the accuracy and completeness of any redemption transaction performed by us hereunder. You must notify us of any errors within ten (10) Business Days of such information being made available to you. If you do not notify us of any such errors within such ten (10) Business Days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.

Certain limits may apply to your redemption of SP. For example, unless otherwise permitted on the Software, you may only redeem up to 100,000 SP in any day unless otherwise permitted on the Software. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for SP at any time in our sole discretion.

3. Taxes. All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value-added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these.

4. Terms. Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming SP from your Account until we receive the required information.

5. Additional Terms, Representations, and Requirements. You may only access and use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. You may not use SP to make purchases, to transfer funds to third parties, or for any other purpose, except as expressly permitted by us. You acknowledge and agree that SP:

have no cash or other monetary value and do not act as a substitute for real currency;
are issued solely by us and are not underwritten, funded, sponsored, or otherwise provided by any third party, including, but not limited to our merchants, brands, partners, or other clients or business partners; and
are not redeemable or exchangeable for real currency or other monetary value from Company or any other third party, except as expressly provided in these Terms or otherwise required by applicable law. By accessing or using the Services, you agree not to seek to redeem or otherwise claim SP from any third party, including, but not limited to our merchants, brands, partners, or other clients or business partners.

You further acknowledge and agree that:

the Company, in its sole discretion, may impose limits, terms, and conditions on SP, including, but not limited to, limits on the amount of SP that may be received and redeemed, and may adjust or suspend the SP balance in your Account if we suspect fraudulent activities or detect irregularities;
the Company is not a financial institution and does not provide banking or payment processing services;
no consideration or other value is or has been given in exchange for SP;
the Company is not a party to your Linked Card transactions; and
the Company is not responsible, and has no liability for, any products or services that are paid for with your Linked Card. You must resolve all disputes related to any products or services that are paid for with your Linked Card directly with the applicable merchant and/or the financial institution that issued your Linked Card.

You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute SP, except as expressly permitted by the Software and subject to applicable law. Any disposition or attempted disposition of SP in violation of these Terms will be void and will result in immediate termination of your Account. We do not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of SP, and we do not assume any responsibility for, and will not support, such transactions.

In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem SP on the Software, you may be required to provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your Linked Card and redemption Account information.

11.SP Bonus, Limited Time Promotion(s). Users may receive an SP bonus on sign up, eligible card link, transaction data and interactions on mytaprewards.com, or other SP-Qualified Action, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion(s). Additionally, any SP bonuses shall be awarded in accordance with timelines defined by the Company at the time of such promotion, and, in certain cases, Users will maintain a pending points balance which shall officially vest to the User after a certain period of time or after a specific occurrence, as defined by the Company in its sole discretion.^[a]^[b]

12. Referral SP Bonus, Limited Time Promotion. Users may receive SP per eligible and completed referral sign up, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion.

Marketing

1. By signing up for the Service, you agree to receive marketing emails or text messages regarding the Service from Company or its affiliated partners. Users may opt-out of these communications at any time by unchecking the opt-in during sign up, by selecting “unsubscribe” within an email, replying “stop” within an SMS message, or by emailing support@myTAPrewards.com. Messaging and data rates apply and are the sole responsibility of the user.

Ownership and Proprietary Rights in the Services

1. All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to the Company and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.

2. You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of the Company and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or the Company.

Acknowledgment of Proprietary Rights.
By using our Software and Services, you acknowledge that all information, content and materials contained within our Software and Services (in any form or media, the "Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our content suppliers or licensors, or by other individuals whose content have been submitted to the Software and/or the Services. Except for Third-Party Content which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Materials, except as expressly set forth in these Terms. The trademarks, logos, and service marks (whether or not registered, collectively the "Trademarks") displayed from the Software and/or through the Services (including Third-Party Content), are Trademarks of TAP and/or third parties. Except in connection with Badges as licensed hereunder, you have no right to use the Trademarks in any way and nothing contained on the Software should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark. You are hereby advised that TAP is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. TAP will also reasonably cooperate with any third party alleging that any Material is infringing such party's intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.

3. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to):

gain unauthorized access to the Services’ or Software’s systems;
use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services or Software;
take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services, Software or our infrastructure;
utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services or Software;
rent, lease, copy, provide access to or sublicense any portion of the Services or Software to a third party;
use any portion of the Services or Software to provide, or incorporate any portion of the Services or Software into, any product or service provided to a third party;
remove or obscure any proprietary or other notices contained in the Services or Software; or
use the Services or Software for any illegal or unauthorized purpose.

Marketplace Transactions.

Accounts. In order to be eligible to conduct transactions on the Marketplace, Users must register and create a personal account associated with the Marketplace (“Marketplace Account”). Registration and creation of a Marketplace Account are both accomplished directly on the Site. You must provide accurate and complete registration information when you create a Marketplace Account. By creating a Marketplace Account, you agree to provide accurate, current and complete account information about yourself, maintain and promptly update your account information as necessary and keep and maintain the security of your account information. Company reserves the right to reclaim usernames without liability to you. You are responsible for the security of the username and password associated with your Marketplace Account. You accept all liability and risks regarding any unauthorized access to your Marketplace Account.
Payment Method. Upon establishing their Marketplace Account, Users can participate in Marketplace offerings subject to having a valid payment method for the particular Marketplace Badge offering. A valid payment method may include (i) a credit or debit card linked to the User’s Marketplace Account and/or (ii) other means which the Site may make available.
Taxes. In no event shall the Company be responsible for determining the tax implications of your transactions on the Marketplace. You are solely responsible for determining what, if any, taxes apply to your Marketplace Badge transactions.
Prohibited Persons. No Prohibited Person may register and create a Marketplace Account or otherwise make use of the Site. “Prohibited Person” shall mean: (i) any resident, the government or a government official of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation); (ii) any person or entity controlled by a person listed on the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including the Sectoral Sanctions Identifications List, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party; or, (iii) any person that Company, it is sole discretion, deems to have violated any of these Terms.

Company’s Management of Marketplace. Company reserves the right, but does not undertake the obligation to: (i) monitor or review the Marketplace for violations of the Terms and for compliance with Company’s policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates the Terms; (iii) manage the Marketplace in a manner designed to protect Company’s and third parties’ rights and property or to facilitate the proper functioning of the Marketplace; (iv) screen Users, or attempt to verify the statements of Users; (v) monitor disputes between you and other Users or to terminate or block you and other Users for violating the Terms; and/or (vi) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Marketplace Assets or any portion thereof. “Marketplace Assets” means all legal right, title, and interest in and/or to the Marketplace, its content, components, elements, the compilation and collection thereof, and all intellectual property rights associated with any of the foregoing.

WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS, COMPANY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MARKETPLACE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN the Terms, OR violation OF ANY APPLICABLE LAW OR REGULATION.

Assumption of Risk. You assume any and all risk arising out of your use of the Marketplace. Those risks may include, but are not limited to, the following:

Liquidity Risk. SP may be illiquid. There is no guarantee that the market for any SP will be active and liquid or able to be liquidated when desired or at favorable prices.
Risks of Prepayment. The fiat and cryptocurrency prepaid into your Marketplace Account for prepayment purposes in order to be eligible to bid on certain Marketplace auctions will be considered sales proceeds of the Company and its affiliates at the time of prepayment. The Company and its affiliates are permitted to use any fiat and cryptocurrency received for their own benefit, investment, and use while accounting for them in your Marketplace Account for purpose of bidding or providing full refund to you in the original fiat or cryptocurrency used, less any 3rd party processing fees, if you do not win a bid. Prepayment of fiat or cryptocurrency exposes your fiat and cryptocurrency to risks of total loss from, among others things, security breaches from cyber-attacks that hack and steal fiat or cryptocurrency, electronic or technological failures that impede or prevent market access and market performance, and any insolvency, bankruptcy, or material financial losses of or incurred by the Company or any of its affiliates.
Risk of Account Freeze. The Company may freeze your Marketplace Account, including any Badges, in the event that you are believed to be engaged in suspicious activity or to be in breach of any of the Terms. If your Marketplace Account is frozen, you will not be able to make Acquisitions or Transfers to or from your Marketplace Account. This may result in the closure of your open orders.

Cancellation and Termination

1. Term. This Agreement is effective and you will continue to be a member until we terminate your Account or you properly cancel your Account in accordance with this Agreement (“Term”).

2. Termination. You are solely responsible for properly canceling your Account. You may cancel your Account at any time by sending us an email at support@myTAPrewards.com. All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation. We reserve the right to in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of our network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement.

3. Effect of Termination. Upon termination of this Agreement or cancellation of your Account, all licenses and other rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service (including all rewards and/or discounts offered through the Service). For avoidance of doubt, you understand and agree that any rewards that you obtained through the Service during the Term may not be used beyond the termination of this Agreement or cancellation of your Account.

Third Party Linked Service and Content

1. The Software and Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Software and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. All rewards and offers that you pursue or other transactions you engage in using the Service are between you and the transacting party. The Company is not an agent of any such transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.

Proprietary Rights

1. Our Proprietary Rights. As between you and us, we and our ESPs and licensors own and reserve all right, title and interest in and to the Service and our Site, including all intellectual property rights therein. You hereby grant to us and our contractors the right to use, modify, adapt, reproduce, distribute, display and disclose any information or data you transmit to the Service solely to the extent necessary to provide you with the Service or as otherwise permitted by this Agreement and the Privacy Policy.

2. Trademarks. The Software and/or Service contain valuable trademarks owned and used by us to distinguish the Software and Service from those of others. The Software and/or Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Software and/or Service. You agree not to use or display, except as expressly permitted hereby, any trademarks you do not own without our prior written consent or the consent of the owner of such mark.

Confidentiality

1. In connection with this Agreement, you may receive or have access to Confidential Information of the Company. For purposes of this Agreement, “Confidential Information” means the terms of this Agreement, and all technical and non-technical information concerning or related to the Company’s or its affiliates’ respective products, services, and general business operations, information of or concerning the Company’s or its affiliates’ users or employees, and any and all data, information and materials related to any of the foregoing. You agree that you shall not disclose Confidential Information to any third party, except to your employees who have a need to know and are bound by written confidentiality obligations no less restrictive than these. Confidential Information remains the sole and exclusive property of the Company.

Electronic Communications

1. By registering for the Service, you understand that we may send you or your Users communications or data regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. You may unsubscribe your members from such communications by contacting us at support@myTAPrewards.com anytime.

Disclaimer of Warranties

1. WE PROVIDE OUR SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE MERCHANT OR ADVERTISERS LISTED ON THE SOFTWARE. ACCORDINGLY, NEITHER THE COMPANY NOR TAP SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF THE PERKS, DISCOUNTS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.

Indemnification

1. You agree to indemnify, defend, and hold harmless TAP, its subsidiaries, ESPs, and affiliates, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms, or (b) your violation of applicable laws, rules, or regulations in connection with the Service.

Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TAP, ESPS, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, PRINCIPALS, DIRECTORS, MEMBERS, AGENTS, CONSULTANTS, SUBSIDIARIES, PARENT COMPANY OR AFFILIATES (TOGETHER THE “RELATED PARTIES”) BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY DAMAGES OR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, SITE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

3. Damage Caused by Third Parties. You agree that TAP and Related Parties are not responsible for, and TAP and Related Parties expressly disclaim any liability for, any damage, loss, or injury you may incur as a result of actions taken by other parties who access or use the Software and/or Services, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Software and/or Services.

Miscellaneous

1. Removal. If you do not agree to accept and comply with any provision of this Agreement, or any amendment made by the Company to this Agreement, you must immediately stop using any Services.

2. Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on the Software or any of our Services, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

3. Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section describes how both of us will proceed.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TAP AND ITS RELATED COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Any claim or dispute between you and TAP or Related Parties arising out of or relating in any way to the Software, Services, this Agreement, marketing by TAP or Network Content, including claims that arise after the termination of this Agreement, shall be resolved through final, binding arbitration.

The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory. We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

A party who intends to proceed with a claim or dispute must first send to the other a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to TAP shall be sent via registered mail at the address provided at the end of this Agreement. We will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, either party may commence an arbitration proceeding if the claim has not been fully satisfied.

The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.

If any aspect or portion of this “Dispute Resolution By Binding Arbitration” Section is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of this Section remaining in full force and effect.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE SOFTWARE BY SENDING A REQUEST THROUGH REGISTERED MAIL TO US. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SOFTWARE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

4. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).

5. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.

6. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.

7. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., without regard to its principles regarding conflicts of law. You agree that, as provided in the “Dispute Resolution By Binding Arbitration” Section above, disputes shall be resolved by binding arbitration. You also agree that if you or the Company should nonetheless file a lawsuit against the other or any Related Parties, regardless of the validity of the suit or whether it can be maintained or is prohibited by the “Dispute Resolution By Binding Arbitration” Section above, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in New York, New York and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.

8. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

9. Survival of Terms. After your subscription to the Service has terminated, any and all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Contacting Us

Please also feel free to contact us if you have any questions about our Terms of Use or practices. You may contact us at support@myTAPrewards.com, or at the following address:

MyTapRewards

2045 Biscayne Blvd., #333

Miami, FL 33137