Fingertapps Website Terms of Service

These Terms of Service apply to Fingertapps’s website. Please read them carefully. Your use of fingertapps.com constitutes your acceptance of these Terms of Service. Fingertapps may modify these Terms of Service from time to time in its sole discretion. Your use of the site following the publication of such changes constitutes your acceptance of the revised Terms of Service.

Ownership and Use

Unless otherwise specified, all intellectual property rights in any content, text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations contained on fingertapps.com and the software (collectively the “Materials”) are owned by Unlimited Realities, or their suppliers, and is protected by United States and international copyright laws. You may access and use fingertapps.com and the Materials only for your personal and non-commercial use unless otherwise agreed. You may not modify or use the Materials for any other purpose, except with the express written consent of Unlimited Realities.

Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on fingertapps.com.

Any Materials made available for download from fingertapps.com or on the software which is supplied with some devices, are licensed for use subject to the terms of the applicable end user licence agreement, if any, which accompanies or is included with the Materials.

If the Materials are not accompanied by an end user licence agreement, the following terms shall apply: Unlimited Realities hereby grants to you a personal, limited, revocable, non-transferable licence to use a single copy of the Materials on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the Materials or create derivative works from the Materials.

You may not use any meta tags or any other “hidden text” utilizing Fingertapps’s name or trademarks without the express written consent of Unlimited Realities. Any unauthorized use terminates the permission or licence granted by Unlimited Realities.

Privacy Policy

Your use of fingertapps.com and software is subject to our Privacy Policy, which can be viewed at www.fingertapps.com/privacy. We reserve the right to make changes to fingertapps.com, the Privacy Policy, and these Terms of Service at any time.

Links to Other Sites

Other websites linked from fingertapps.com and the software are not under Unlimited Realities’ control and Unlimited Realities does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and Unlimited Realities does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Unlimited Realities shall not be responsible or liable for any part of any such interactions.

Electronic Communications

When you visit fingertapps.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

All trademarks, service marks and trade names of Unlimited Realities used in the site and software (including FingertappsTM) are owned by Unlimited Realities.
Other company and product names appearing on this website may be trademarks of their respective
owners and are used for the benefit of those owners.

Warranty Disclaimer

This site and software are provided “as is” and without warranties of any kind, whether express or implied as to the operation of fingertapps.com or the information, content, materials, or product included on or downloaded from the site or the software. You expressly agree that your use of fingertapps.com and the software is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, materials or products.

To the full extent permissible by applicable law, Unlimited Realities disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Unlimited Realities does not warrant that fingertapps.com, the software, its servers, email sent from us to you or information, content, materials or products accessed or downloaded from fingertapps.com are free of viruses or other harmful components.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Unlimited Realities shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

Indemnification

You agree to indemnify, defend, and hold harmless Unlimited Realities, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, or your violation of applicable law, rule, regulation or third party right.

General

No delay or failure to take action under these Terms of Service shall constitute any waiver by Unlimited Realities of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.

Applicable Law

These Terms of Service are governed by and shall be interpreted in accordance with the laws of New Zealand. By using this site, you submit to the non-exclusive jurisdiction of the New Zealand courts.

Last updated: December 5 2011