Welcome to TaTaTu, the first social entertainment platform that rewards you for watching and posting!
TaTaTu rewards users for watching films, TV episodes and other forms of content. Users receive additional rewards from viewing their friends by offering digital Coins for views generated by themselves and their friends. The Coins will reward users and allow advertisers to pay for advertising on the TaTaTu Site (as defined below).
Registering to use an account ("TaTaTu Account")
NOTE: THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, AFFECTING YOUR RIGHTS UNDER THESE TERMS AND IN CONNECTION WITH ANY DISPUTES YOU MAY HAVE WITH THE COMPANY. IT IS POSSIBLE TO ABANDON BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVERS AS PROVIDED FOR BELOW.
2. How do I use TaTaTu?
2.1 Who can use TaTaTu?
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure and legally compliant. Therefore, the user is required to comply with certain legal restrictions in order to be part of the Tatatu community.
• To use the TaTaTu site, you must be at least 14 years old.
• You may not use the TaTaTu Site if your TaTaTu Account, or a TaTaTu Account to which you had access, has previously been disabled for violation of laws or any of our terms, conditions or rules.
• You must not have been prohibited by applicable law from receiving any part of the services available through the TaTaTu Site ("TaTaTu Services"), including receiving TTU Coins, storing and managing TTU Coins in the TaTaTu Virtual Wallet ("Virtual Wallet") and accessing your Virtual Wallet through our website located at MyTaTaTuWallet.com ("Virtual Wallet Site").
You must not be prohibited from making payments in connection with TaTaTu Services under applicable laws and you must not be placed on any applicable list of excluded persons.
• You must not have been convicted of sexual offences.
2.2 TTU Coins
TaTaTu rewards its users when they watch movies and documentaries, when they chat, post and comment on photo and video content on the TaTaTu Site by issuing a specially designed Coin (the "TTU Coins" or the "Coins"). The number of TTU Coins one might receive is based on TaTaTu's internal determination directly available to users.
The TaTaTu Rewards Program and TTU Coins are subject to change or limitation at any time, with or without notice, at the sole discretion of TaTaTu, including, without limitation, the right to establish additional means of accumulating TTU Coins and the right to modify and eliminate any or all recognized means of accumulating existing TTU Coins at any time, the right to modify the available TTU Coins and their value and type, and the right to exclude specific activities from TTU Coins eligibility requirements.
The Coins have not been registered with or approved or disapproved by the Securities and Exchange Commission of the United States (the "SEC"), the regulatory authority of any state in the United States, or the regulatory authority of any other country, particularly in Italy or the European Union, nor has the SEC or any other similar regulatory authority endorsed or approved the value of the Coins.
You accumulate TTU Coins on your wallet directly viewable from your account. You agree not to accept any payment, other compensation, or anything with any kind of value, in exchange for TTU Coins. You may not sell, give away, assign or share TTU Coins. You may transfer TTU Coins to friends or family members on the TaTaTu platform as long as the profiles are real and not fictitious. TTU Coins have no equivalent value in real or fiat currency and cannot be returned, exchanged or redeemed for virtual, real or fiat currency.
2.3 TaTaTu Virtual Wallet
The TTU Coins you earn are deposited in your Virtual Wallet. You can monitor and manage your TTU Coins using your Virtual Wallet. The Virtual Wallet is user-specific. No other user is able to view your Virtual Wallet or the number of TTU Coins in your Virtual Wallet.
The Virtual Wallet can only support TTU Coins. Virtual Wallet services exclusively include the following:
• Receiving TTU Coins;
• Checking the balance of your TTU Coins;
• Exchanging TaTaTu's TTU Coins for goods, services and/or vouchers that TaTaTu may, at its sole discretion, offer from time to time;
• Reviewing your transactions.
You may not be able to access TTU Coins in the event that we discontinue or no longer offer some or all of the Virtual Wallet services.
2.4 Changes to TTU Coins and/or Virtual Wallet
We reserve the right to change the structure of TTU Coins, including storing them on a separate or different blockchain, which may require different private keys. Should we make such a change, we will inform users by email or on the TaTaTu website and allow a certain period of time to transfer existing TTU Coins to new TTU Coins. If we make such a change and you do not transfer your existing TTU Coins to the new TTU Coins within the time period specified on the TaTaTu website, you may lose the opportunity to use your existing TTU Coins within your Virtual Wallet.
TaTaTu may at any time, at its sole discretion and without prior notice, add additional features to the Virtual Wallet, delete features in the Virtual Wallet and add or delete services of TaTaTu Coins or uses for TaTaTu Coins. By accessing your Virtual Wallet after such changes are made, you accept those changes. Unless otherwise required by law, any change made to the Virtual Wallet or TaTaTu Coins will only apply to transactions that occur, or claims that may arise, after the change becomes effective.
2.5 Purposes of transactions; Suspension and/or cancellation of transactions
It is not possible to cancel, reverse or modify pending or completed transactions to save TTU Coins. TaTaTu does not have the ability to cancel, reverse or modify any transactions recorded on the Hyperledger's blockchain. TaTaTu will not initiate a transaction on your behalf. If a pending transaction cannot be completed for any reason, TTU Coins are returned to your Virtual Wallet. At any time, you are able to review your pending and completed transactions within your Virtual Wallet.
As all transactions are final and you cannot change pending or completed transactions, you are solely responsible for maintaining the security of your passwords and any other security devices required to access your Virtual Wallet ("Security Procedures"). Any transaction initiated in respect of TTU Coins, in accordance with established Security Procedures, will be deemed to have been authorised by you. There is no limit to the number of your TTUs.
Coins that can be redeemed by any person accessing your Virtual Wallet using the Security Procedures and without any limit on the number of TTU Coins, may be lost as a result. You are solely responsible for the security of any backups or copies you make of the private keys for TTU Coins.
We reserve the right to refuse to process or cancel any pending transaction for any reason, including, without limitation, as required by law or in response to a summons, court order or order of another competent government authority.
2.6 Commissions and expiry of TTU Coins
There are no fees charged by TaTaTu for the issuance or use of TTU Coins. This means that there are no fees for the following:
• maintenance of the Virtual Portfolio;
• redemption of TTU Coins;
• receiving or otherwise using TTU Coins
• customer service; or
• inactivity or dormancy.
It is not possible to access the Virtual Wallet and TTU Coins via third parties or an automated teller machine (Atm). TTU Coins do not have an expiry date.
2.7 Suspension and/or revocation of access to the Virtual Wallet
2.8 Redeeming TTU Coins from TaTaTu
TaTaTu's redemption program, which allows for the exchange of TTU Coins from TaTaTu for merchandise, services and/or coupons, is subject to changes or limitations at any time, with or without notice, at TaTaTu's sole discretion. Goods and services purchased from third parties, such as stores and websites ("Affiliated Stores"), with the redemption of coupons acquired through the conversion of TTU Coins, are governed by and subject to the guidelines dictated by the Affiliated Stores, including applicable exchange criteria. We are not agents of Affiliate Stores and Affiliate Stores operate independently and are not under our control. We are not responsible for any changes or interruptions of any Affiliate Store or for any withdrawal from our redemption programme by any Affiliate Store. Coupons have no equivalent value in virtual, real or fiat currency and cannot be redeemed, returned, exchanged or reimbursed for virtual, real or fiat currency.
3. Additional TaTaTu services
3.1 Video: watch, publish or share audiovisual content
From time to time, users may have the opportunity to watch, publish and share audiovisual content on the TaTaTu site.
3.2 Music: watch, listen, publish or share music
From time to time, users may be able to watch, listen to, publish or share music on the TaTaTu Site.
3.3 Games: play, publish games or find players
From time to time, users may have the opportunity to play and publish games, and find players for those games, on the TaTaTu Site.
3.4 Sport: watching, publishing or sharing sport
From time to time, users may have the opportunity to watch, post and share sports-related content on the TaTaTu Site.
3.5: Auctions and prizes
Users will be able to take part in auctions that will be promoted by Tatatu on its website, which will have the following features:
Tatatu will present a product of its own choice, which the
participants in the auction will be able to win, during the
duration of the auction, by offering a payment in Tatatu Coins.
Tatatu will inform users on the site about the day and time the auction will take place, as well as its duration.
The base bid will be 1 TTU (Tatatu Coins) and subsequent bids up to 100 will be 1 TTU at a time, after 100 the minimum bid will be 10 TTU.
The product will be awarded to the user who has made the highest bid at the end of the auction, which will be determined by Tatatu, whose assessment will be final.
Tatatu will have absolute control over the evaluation of the time of submission of individual offers and may exclude offers that exceed the availability of Coins of the specific user, as well as offers that come from a user using TTU Coins that are unlawfully earned and held by that user. Tatatu reserves the unquestionable right to suspend any account if, following an audit, it discovers any irregularities in the way TTU Coins are earned.
In order to verify and ascertain the existence and legitimacy of the winner, an identification document or the winner's tax code will be requested.
The winner of the auction will receive a notification on the email address provided at the time of registration on TaTaTu and will be required to accept the prize by responding to the communication, no later than 7 days after winning.
Failure to respond to the email within the above terms will result in the cancellation of the winning.
A user can only win one auction per month, and if they participate and win another auction in the same time frame, Tatatu will award the prize to the next highest bidder who participated in the auction.
The winner of the auction will not be able to win auctions for a period of 30 days even using another account with a different name if in any case attributable to the same account of origin.
The winner of the auction cannot participate in subsequent auctions for the period of thirty days from the auction won even if the prize is waived.
The user who wins one or more prizes at the auction, in a single or cumulative amount of TTU 30,000 cannot participate in other auctions in the 12 months following the said auction.
For privacy reasons, Tatatu is not obliged to declare the identity of the winner of the auction but can simply indicate the nickname under which he or she participated in the auction.
Auctions organised by Tatatu will not require any cash payment, in any currency, but exclusively in Tatatu Coins.
In return for our commitment to provide the Service, we ask you to make the following commitments to us.
Who can use TATATU
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure and compliant with the law. Therefore, we need you to respect some restrictions to be part of the TATU community.
You must be at least 14 years old.
You must not have been prohibited from using any part of our Service under applicable laws or from engaging in related Payment Services if you are on a valid list of rejected third parties.
We must not have previously deactivated your account for violation of the law or our rules.
You must not have been convicted of sexual offences.
How you can't use TATATU
Providing a safe and open Service to a wide community requires that we all play our part.
You cannot pretend to be someone else or provide inaccurate information. You do not have to reveal your identity on TATATU, but you must provide us with accurate and up-to-date information (including registration information).
In addition, you may not falsify the identity of anyone else and you may not create an account for someone else unless you have their explicit permission.
You may not do anything illegal, misleading or fraudulent for an illegal or unauthorised purpose.
You must not violate (or help or encourage others to violate) these Terms or our provisions.
You may not do anything to interfere with or impair the intended operation of the Service.
You may not attempt to create accounts or access or collect information in unauthorised ways.
This includes creating accounts or collecting information in an automated manner without our express consent.
You cannot create multiple personal accounts or fictitious accounts that exclude the desire to share moods, hobbies or moments of personal life.
We believe in the community and the value generated by each individual member.
The time you spend must be positive, stimulating and able to generate interaction, excluding automated systems with purposes other than social media activities aimed at receiving likes, comments or shares from other personal or fictitious accounts.
You cannot publish posts, pictures and videos, interact with likes and comments except to generate interactions between people. We want to provide a safe service and disseminate positive messages with the intention of allowing healthy interaction between users and excluding illegitimate, deceptive or fraudulent behaviour or other purposes contrary to our Service.
Posts must only concern personal moments and not infringe on the personal sphere of other users.
It is not compulsory to use your real name on Tatatu, but we do require Tatatu users to provide us with accurate and up-to-date information. Do not use the identity of others and do not create accounts for the purpose of violating our guidelines or misleading other people.
It is forbidden to misrepresent one's identity. You may not attempt to buy, sell or transfer any item of your account (including your username) or solicit, collect or use the login credentials or badges of other users.
You may not use Tatatu in an unlawful, deceptive or fraudulent manner or for an unlawful or unauthorised purpose.
You may not use your personal account on Tatatu to promote/publicise through post activities, apps and other platforms.
You may not publish private or confidential information or do anything that infringes the rights of third parties, including intellectual property (e.g. copyright infringement, trademark infringement, sale of counterfeit or pirated goods). You may use the works of another person subject to exceptions or limitations to copyright and other related rights under applicable law. The user declares that he/she owns or has obtained all necessary rights in relation to the content he publishes or shares.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent your person or affiliation with any person or entity, including by suggesting that your content that you upload, post, transmit, distribute or otherwise make accessible is part of the Services.
You may not intimidate or harass others, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
You may not use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make accessible any material that violates or may violate any applicable laws.
You may not use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make accessible any virus, trojan horse, worm, logic bomb or other damaging or technologically harmful material.
You may not use the Services to intentionally, recklessly, or negligently upload, transmit, distribute, store, or otherwise make accessible unwanted or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other prohibited forms of solicitation.
You may not use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make accessible any material that is defamatory of third parties, obscene, offensive, pornographic, derogatory or inflammatory, material that would constitute, encourage or provide instructions to commit a criminal offence, dangerous activity or self-harming act.
You may not use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make accessible any material that is deliberately designed to provoke or generate hostility between people, including through trolling and bullying, or which is intended to harass, harm, hurt, frighten, torment, embarrass or upset people, or any material that contains threats of any kind, including threats of sexual violence.
You may not use a domain name or URL with your user name without our prior written consent.
Violation of any of the above points is the direct responsibility of the user and will result in the suspension or permanent deletion of the Account in order to protect our community and services.
Authorisations you grant us.
As part of our agreement, you also give us the permissions we need to provide the Service.
We do not claim ownership of your content, but you give us permission to use it.
Nothing changes about the rights to your content. We do not claim ownership of the content you post on or through the Service. Instead, when you share, post or upload copyrighted materials (such as photos or videos) on or in connection with our Service, you hereby grant us a worldwide licence to host, use, distribute, modify, perform, copy, present or publicly display, translate and create derivative works from your content (consistent with your privacy and application settings). You can withdraw this authorisation at any time by deleting the contents of your activities or your account. However, content will continue to be displayed if you have shared it with others and they have not deleted it.
Authorisation to use user name, profile picture and information about reports and actions on accounts, ads and sponsored content.
You authorise us to display your user name, profile picture and information about your actions (such as likes) or relationships (such as follows) near or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on TATATU products, without any compensation to you. For example, we can show that you liked a sponsored post created by a brand, which paid us to display its ads on TATATU. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can only be viewed by people who have permission to view that content or follow them. We also respect the settings related to ads. You can find out more in the settings section of your profile about ad settings.
You agree that we may download and install updates to the Service on your device.
Other rights we reserve for ourselves
If you select a username or similar identifier for your account, we may change it if we think it is appropriate or necessary (for example, if it infringes someone's intellectual property or pretends to be another user). If you use content covered by intellectual property rights that we have and make available on our Service (for example, images, designs, videos or sounds that we provide and that you add to the content you create or share), we retain all rights to our content (but not yours).
You may only use our intellectual property and our trademarks or similar marks as expressly permitted by our Trademark Guidelines or with our prior written permission.
You must obtain our written permission, or have an "open source" licence ("free software licence"), to modify, create derivative works from, decompile or otherwise attempt to derive source code from us.
Removing content and disabling or closing the account
Deleted content may persist for a limited time in backup copies and will still be visible where others have shared it. This paragraph and the section below called "Our agreement and what happens in case of disagreement" continue to apply even after your account is closed or deleted.
Who has rights under this Agreement
This agreement does not confer any rights on third parties.
You may not transfer your rights or obligations under this agreement without our consent.
Our rights and obligations may be transferred to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.
Who is responsible if something happens
We use reasonable skill and care in providing our Service to you and in maintaining a safe, secure and error-free environment, but we cannot guarantee that our Service will always operate without interruptions, delays or imperfections. Provided that you have acted with reasonable skill and care, we do not accept liability for: losses not caused by our breach of these Terms or otherwise by our actions; losses that were not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, illegal or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
The foregoing does not exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence. Furthermore, it does not exclude or limit our liability for anything else we are not permitted by law to do.
How we will handle disputes
If you are a consumer and are ordinarily resident in a Member State of the European Union, the laws of that Member State shall apply to any claim, cause of legal action or dispute you may have against us arising out of or in connection with these Terms ("claim") and you may resolve your claim in any court having jurisdiction over the claim in that Member State. In all other cases, you agree that the claim must be resolved in a court of competent jurisdiction in Rome, Italy, and Italian law will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but we may use them without any limitation or obligation to pay and we have no duty to keep them confidential.
Updates to these Terms
We may change our Service and our rules and we may need to make changes to these Terms so that they accurately reflect our Service and our rules. Unless otherwise required by law, we will inform you (for example, through our Service) at least 30 days before making any changes to these Terms, and we will give you
the opportunity to examine them before they come into force. Therefore, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to accept these or any updated Terms, you can delete your account here.
4. General use
4.1 Limited licence
4.2 Mobile Application
The Company makes available mobile applications ("Mobile Applications") to access the TaTaTu Site via a mobile device. To use the Mobile Application, you must have a mobile device compatible with the mobile service. The Company does not guarantee that the Mobile Application is compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable and revocable licence to use one copy of the object code of the Mobile Application, for an account registered on a mobile device owned or leased exclusively by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Application, except to the extent such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, license, distribute, or otherwise transfer the Mobile Application to third parties or use the Mobile Application to provide time sharing or similar services to third parties; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessed through the Mobile Application, or features that impose limitations on use of the Mobile Application; or (v) remove copyright and other proprietary notices on the Mobile Application. You acknowledge that the Company may from time to time issue updated versions of the Mobile Application and may electronically and automatically update the version of the Mobile Application that you are using on your mobile device. You consent to such automatic updates on your mobile device and agree that these Terms shall apply to all such updates. The foregoing licence granting is not a sale of the Mobile Application or any copy thereof, and the Company and its third party licensors or suppliers retain all right, title and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard operator data charges may apply for the use of the Mobile Application.
The following additional terms and conditions apply in relation to any Mobile Application provided by the Company designed for use on an Apple iOS mobile device (an "iOS App"):
- You acknowledge that these Terms are between you and Company only and do not include Apple, Inc. ("Apple").
- Use of the Company's iOS App must be in accordance with Apple's App Store Terms of Service in effect at the time.
- The Company, and not Apple, is solely responsible for our iOS App and the services and content available on it. You acknowledge that Apple has no obligation to provide maintenance and support services in connection with our iOS App. To the fullest extent permitted by applicable law, Apple shall have no warranty obligation with respect to our iOS App.
- You agree that the Company, and not Apple, is responsible for addressing any claims made by you or any third party relating to
our iOS App or your possession and/or use of our iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the iOS App does not comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws, and all such claims are governed exclusively by these Terms and any laws applicable to us as provider of the iOS App.
• You agree that we, and not Apple, will be responsible, to the extent required by these Terms, for investigating, defending, resolving, and indemnifying you against any third party intellectual property infringement claims related to our iOS App or your possession and use of our iOS App.
• You warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted contracting parties.
• You agree to comply with all applicable terms of the third party agreement when using our iOS App (for example, you must not violate the terms of the wireless data service agreement when using the iOS App).
• The parties agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, as they relate to the licensing of the Company's iOS App. Upon acceptance of these Terms, Apple shall be entitled (and shall be deemed to have accepted the right) to enforce these Terms against you as they relate to your licence of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply in relation to any Mobile Application that the Company provides to you that is designed for use on an Android mobile device (an "Android App"):
• You acknowledge that these Terms are only between you and the Company and not with Google Inc. ("Google").
• Use of the Company's Android App must comply with the Google Play Terms of Service in effect at the time.
• Google is only a supplier of Google Play from which you got the Android App. The Company, and not Google, is solely responsible for the Company's Android App and the services and content available therein. Google has no obligation or liability to you with respect to the Company's Android App or these Terms.
• You acknowledge and agree that Google is a third party beneficiary of the Terms as they relate to the Company's Android App.
4.3 Rules and restrictions of use
Contents tend to elicit different reactions from different people. You may come across Content that you find offensive, indecent, explicit or objectionable. In addition, content types, genres, categories and descriptions are provided as suggestions to facilitate navigation and TaTaTu does not guarantee that you agree with them. You accept these risks.
TaTaTu uses various technologies to provide you with an optimal viewing experience. That said, the quality of the Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your Internet service and the devices you use, among other factors. The time it takes to start playing Content varies depending on a number of factors, including location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content selected and the configuration of the device being used. Accordingly, TaTaTu is unable to provide any warranty concerning the Content in this respect.
You may not modify, enhance, remove, interfere with or otherwise alter in any way any part of TaTaTu's video player, its underlying technology, any digital rights management mechanism, device or other content protection or access control measure incorporated into the video player. This restriction includes, without limitation, disabling, decoding, modifying, interfering with, or otherwise bypassing the video player in any way that allows users to watch the Content without: (i) clearly viewing both the video player and all related elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the TaTaTu Site where the video player is located; and (ii) having full access to all features of the video player, including, without limitation, all display and video quality features and all interactive, optional, or "click-through" advertising features.
4.4 User-generated content
You further agree that the UGC you submit to the TaTaTu Site will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or are legally authorised to post the material and to grant TaTaTu all of the license rights granted herein.
You also agree not to submit to the TaTaTu Site any UGC or other material that is contrary to applicable local, national and international laws and regulations.
4.5 TaTaTu's use of your profile and other rights
You grant us permission to use your username, profile picture and information about your relationships and actions with accounts, ads and sponsored content.
You authorise us to display your username, profile picture and information about your actions (such as "likes") or relationships (such as "follows") near or in connection with accounts, ads, offers and other sponsored content that you follow or engage with and that are displayed on third party products or social media sites.
If you select a username or similar identifier for your TaTaTu Account, we may reject it or require you to change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or represents another user).
4.6 Updates to the TaTaTu website
You agree that from time to time we may update the TaTaTu Site and that such updates may change the appearance or features of your TaTaTu Account on the TaTaTu Site.
4.7 Website accuracy
While we aim at providing accurate and timely information on the TaTaTu Site, the TaTaTu Site (including, without limitation, the Content) may not always be entirely accurate, complete or up-to-date and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with the most complete and accurate information possible, information may be changed or updated from time to time without notice, including, without limitation, information relating to our arrangements, products and services.
Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the TaTaTu Site are your sole responsibility and we have no liability for such decisions. Links to third party materials (including websites, without limitation) may be provided as a convenience, but are not controlled by us. You acknowledge and agree that we are not responsible or liable in any respect for the information, content or services contained in any third party material or any third party site accessible from or linked to the TaTaTu Site.
4.8 Requests from third parties
4.9 Third party destinations
4.10 Advertisements and Services of Third Parties
4.11 Relationship between the Parties
4.12 Password Protection and Contact Information
You are responsible for maintaining adequate security and control of all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes you use to access the TaTaTu Site. Any loss or endangerment of the above information and/or your personal data may result in unauthorised access to your TaTaTu account by a third party and the loss or theft of any TTU Coins held in your TaTaTu Virtual Wallet and any linked accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number updated in your account profile in order to receive any notices or announcements we may send you. We accept no responsibility for any loss you may suffer as a result of your account access credentials being put at risk through no fault of TaTaTu and/or your failure to comply with or act upon any notice or communication we may send you. If you believe that your TaTaTu account information has been compromised, please contact us immediately at firstname.lastname@example.org.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transaction you conduct through the TaTaTu Site or to TTU Coins you receive through the TaTaTu Site, and to withhold, collect, report and pay the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available via your TaTaTu Account.
5. Prohibited use or activities
Providing a secure, open and effective TaTaTu Site for a wide community requires that we all play our part.
• You may not pretend to be someone else or provide inaccurate information.
• You do not have to reveal your identity on the TaTaTu website, but you must provide us with accurate and up-to-date information (including your registration information). Also, you cannot pretend to be someone other than yourself and you cannot create a TaTaTu account for someone else unless you have their explicit permission.
• You may not do anything illegal, misleading or fraudulent or for an unlawful or unauthorised purpose.
• Nothing may be done to interfere with or impair the intended operation of the TaTaTu Site.
• You may not attempt to create TaTaTu accounts or access or collect information in unauthorised ways.
• This includes creating TaTaTu accounts or collecting information in an automated manner without our express permission.
• You may not attempt to buy, sell or transfer any TaTaTu account items (including your username) or request, collect or use any other user's login credentials or badges.
• You may not publish private or confidential information or do anything that violates someone else's rights, including intellectual property.
• You may not use a domain name or URL with your user name without our prior written consent.
6. Termination, Restriction and/or Suspension
TaTaTu may also terminate your TaTaTu Account if you take any action that TaTaTu believes circumvents TaTaTu's controls, including, but not limited to, opening multiple TaTaTu Accounts or abusing any promotion that TaTaTu may offer from time to time.
7. Digital Millennium Copyright Act ("DMCA") (US copyright law)
7.1 Complaint under the DMCA
The Company respects the intellectual property rights of others and we ask you to do the same. The Company may, where necessary and at our discretion, terminate the service and/or access to the TaTaTu Site for users who infringe the intellectual property rights of others. If you believe that your work is subject to copyright and/or trademark infringement and appears on the TaTaTu Site, please provide the Company's designated agent with the following information:
• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed or, if multiple works at a single online site are covered by a single notification, a representative list of those works at that site.
• Identification of material that is alleged to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the TaTaTu Site and information reasonably sufficient to allow the Company to locate the material.
• Information reasonably sufficient to enable the Company to contact you as the complaining party, such as an address, telephone number and, if available, an email address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the complained manner is not authorised by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's agent for reporting claims of copyright or trademark infringement on the TaTaTu Site can be reached as follows:
Via Barberini 29
00187 Rome (RM) - Italy
Note also that for copyright infringement under Section 512(f) of the Copyright Act, any person who knowingly and materially misrepresents the fact that the activity or material are infringing may be subject to liability.
7.2 Submission of a Counter-Notification under the DMCA
You will be notified by us that we have removed or disabled access to the copyrighted material you have provided, if such removal is in accordance with a valid DMCA removal notice received by us. If you receive such notification from us, you may provide us with a counter-notification in writing directed to the Company's designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared, before being removed, or access to it was disabled;
3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disabled;
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court in the judicial district in which your physical address is located, or if your physical address is outside the United States, any district in which the Company may be located, and that you accept the notification of the procedure from the person who provided the notification of the allegedly infringing material, or an agent of such person.
7.3 Removal of repeat offenders
The Company reserves the right, at its sole discretion, to terminate the account or access of any user of our website and/or service who is a repeat infringer under the DMCA Digital Millenium Copyright Act
and European Union legislation on copyright and related rights (Directives 96/6/9/EC and 2001/29/EC as well as Directive 790/2019) as well as equivalent Italian legislation including L 633/41 and subsequent amendments or other reports of infringement.
8. Customer feedback, questions, complaints and dispute resolution
8.1 Contact TaTaTu
If you have any comments, questions or complaints, or you feel that your TaTaTu Account has been jeopardised, you can send us an email to email@example.com
8.2 Who has rights under this Agreement
You may not transfer your rights or obligations under this Agreement without our consent. Our rights and obligations may be transferred to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.
8.3 Who is responsible if something happens
Our TaTatu Services are provided on an "as is" basis and we cannot guarantee that they are safe and secure or work perfectly all the time.
Furthermore, we do not control what people and others do or say and are not responsible for their (or your) actions or behaviour (online or offline) or content (including illegal or objectionable content). Furthermore, we are not responsible for services and functionalities offered by other persons or companies, even if you access such services through our TaTaTu Services.
Our liability for anything that happens on the TaTaTu Site (also referred to as "liability") is limited to the extent permitted by law and you expressly release TaTaTu and agree to indemnify TaTaTu as set out in this Section 8.3 and above in Section 4.8.
Most user concerns can be resolved quickly and to the user's satisfaction by contacting us at firstname.lastname@example.org. This Section 8.4 (this "Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, proceed to court and a jury trial, and instead submit their disputes to a neutral third party (or arbitrator) for a binding decision. You have the right to waive this provision (as explained below), which means that you retain your right to deal with your disputes in a court of law, before a judge or jury.
For the purposes of this provision, the "Company" means the Company and its parent, subsidiary and affiliated companies and each of their respective officers, directors, employees and agents. "Dispute" means any controversy, claim or dispute between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based on contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent misrepresentation, fraudulent inducement or negligence), or on any other legal or equitable cause of action or claim, and includes the validity or enforceability or scope of this provision (except for the enforceability of the Class Action Waiver set forth below). "Dispute" shall have the broadest possible meaning that applies and shall include any claim against any other party in relation to services or products supplied or invoiced to you (such as the Company's licensors, suppliers, resellers or third party vendors), whenever you also raise claims against us in the same proceedings.
EACH OF US AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER CURRENTLY EXISTING OR BASED ON PAST OR FUTURE ACTS OR OMISSIONS, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN A COURT OF LAW IN ACCORDANCE WITH THIS PROVISION.
Pre-arbitration complaint resolution
For all Disputes, whether raised in court or in arbitration, you must first give the Company an opportunity to resolve the Dispute. It is necessary to initiate this procedure by sending a written notification to Tatatu S.p.A. Via Barberini 29 - 00187, Rome - Italy. Such written notification must include (1) your name, (2) your address, (3) a written description of your complaint and (4) a description of the specific solution you seek. If the Company does not resolve the Dispute within 45 days after receipt of your written notice, you may continue the Dispute in arbitration. It is only possible to take the dispute to court in the circumstances described below.
Exclusions from Arbitration / Right of Waiver
If this Provision applies and the dispute is not resolved as set out above (resolution of the pre-arbitration claim), you or the Company may initiate arbitration proceedings in accordance with the provisions of article 806 et seq. of the Italian Code of Civil Procedure.
Arbitration Award - The arbitrator may decide on an individual basis any remedy that would be available under applicable law and shall not have the power to render a decision against or for the benefit of any person who is not a party to the proceedings. The arbitrator issues any award in writing, but is not required to provide a statement of reasons unless required by a party or by applicable law. Such award shall be final and binding on the parties, except for the right to appeal under the FAA or other applicable law, and may be filed in any court having jurisdiction over the parties for the purpose of enforcement.
Place of Arbitration - You or the Company may commence arbitration in Rome, Italy.
Waiver of Class Action
Except as otherwise provided herein, the arbitrator may not consolidate more than one claim per person and may not otherwise preside over any form of collective or representative proceeding or claim (such as class action, consolidated action, representative action or attorney's action) unless you and the Company expressly agree to do so in writing after the commencement of arbitration. If you choose to litigate in court by waiving the arbitration provision, as specified above, this Class Action Waiver will not apply to you. Neither you nor any other user of the TaTaTu Site may be a collective representative, a member of a class or otherwise participate in a collective, joined or representative proceeding without complying with the foregoing waiver requirements.
Waiving the jury
This Provision shall survive the termination of service with the Company or its affiliates.
9. Computer viruses
We accept no liability, of any kind, for any damage or disruption caused by computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment or any phishing, spoofing or other attacks. Regular use of reliable and readily available virus prevention and screening software is recommended. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and care should be taken when reviewing messages you think are from TaTaTu. Always access your TaTaTu Account via the TaTaTu Site, to review any transactions or actions requested, if you are unsure of the authenticity of any communication or notice.
10. Limitation of liability and exclusion of warranty
IN NO EVENT SHALL TATATU, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AUTHORISED OR UNAUTHORISED USE OF THE TATATU SITE OR THE TATATU SERVICES OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TATATU HAS BEEN ADVISED OR KNOWS OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TATATU'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TATATU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TATATU MAKES NO REPRESENTATIONS NOR PROVIDES ANY WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE TATATU SERVICES, OR ANY MATERIAL ON THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
TATATU MAKES NO REPRESENTATIONS NOR PROVIDES ANY WARRANTIES AS TO THE AMOUNT OF ADVERTISING REVENUE, IF ANY, TO BE GENERATED THROUGH THE USE OF CONTENT ON THE TATATU SITE.
We may amend or modify this Agreement by posting it on the TaTaTu Site or by sending you an email about the revised Agreement and the revised Agreement will become effective at that time.
12. Transfer of rights
No rights and/or licences granted under this Agreement may be transferred. We reserve the right to assign our rights without restriction, including, without limitation, to any affiliate or subsidiary of TaTaTu or any successor in the interest of any business associated with the TaTaTu Site.
Any attempted transfer or assignment in breach of this document shall be null and void. Notwithstanding the above, this
Agreement shall be binding upon and will operate to the benefit of the Parties, their successors and authorised assignors.
13. Severability clause (partial invalidity)
Should any provision of this Agreement be held to be invalid or unenforceable under any rule, law or regulation or any governmental, local, state or federal agency, such provision shall be modified and interpreted to accomplish the objectives of the provision to the fullest extent possible under any applicable law, and the validity or enforceability of any other provision of this Agreement shall not be affected thereby.
All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, cancellation of the TaTaTu Account, general use of the
TaTaTu Site, disputes with TaTaTu and general provisions, shall remain in effect upon termination or expiration of this Agreement.
15. Current legislation
You agree that the laws of Italy, without regard to principles concerning conflict of laws, shall govern this Agreement and any claim or dispute that arises or may arise between you and TaTaTu, except to the extent governed by United States federal law. Except for Disputes subject to arbitration as described above, any dispute relating to this Agreement or the TaTaTu Site shall be heard in the courts of New York, New York State.
16. Force majeure
We shall not be liable for any delays, failure to perform or interruptions of service arising directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, delays or failures due to force majeure, acts of civil or military authorities, acts of terrorism, civil commotion, war, strikes or other labour disputes, fire, interruptions in telecommunications or internet services or network provider services, equipment and/or software failures, other catastrophes or any other event beyond our reasonable control, and this shall not affect the validity and enforceability of the remaining provisions.
17. English language
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of the terms, conditions and representations in this deed are subject to English definitions and interpretations. Any translation provided may not accurately represent the information in the English original.
18. Exclusion of Waiver of Rights
This Agreement shall not be construed to waive any rights that cannot be waived under the state laws on money transmission applicable in the state in which you are located.