Terms And Conditions
  1. Introduction

Welcome to TaTaTu, the first social entertainment platform that rewards you to watch and post!

TaTaTu rewards users to watch movies, television episodes and other forms of content. Users receive additional rewards from their friends’ viewing by offering digital Coins for views generated both by themselves and from their friends. The Coin will reward users and allow advertisers to pay for advertising on the TaTaTu Site (as defined below).

These Terms of Use govern your use of TaTaTu and provide information about how TaTaTu works, as further outlined below. The platform is operated by Tatatu S.p.A. (registered address at Via Barberini, 29 – 00187 Rome (RM). The virtual wallet is provided by TaTaTu S.p.A. Via Barberini, 29

00187 – Rome (RM)

All references to “TaTaTu”, “our”, “us”, “we”, or “Company” within these Terms of Use are deemed to refer individually and collectively to TaTaTu S.p.A. These Terms of Use (“Use Agreement” or “Agreement” or “Terms of Use” or “Terms”) are a contract between you and TaTaTu. By registering to use an account (“TaTaTu Account”) through our websites, APIs, television, or mobile applications (collectively the “TaTaTu Site”), you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement. You also agree and acknowledge that you have read and understood our Privacy Notice which explains the collection, use, disclosure and processing of your personal data by TaTaTu and your rights regarding your personal information.

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY PLEASE LEAVE THE TATATU SITE NOW.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

  1. How Do I Use TaTaTu?

2.1 Who Can Use TaTaTu?

  • To be eligible to use the TaTaTu Site, you must be at least 18 years old.
  • You cannot use the TaTaTu Site if your TaTaTu Account, or a TaTaTu Account for which you had access, has previously been disabled for violation of law or any of our terms, conditions or policies.
  • You must not be prohibited under applicable laws from receiving any aspect 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 engaging in payments related to TaTaTu Services under applicable laws, and you must not be on any applicable denied party listing.
  • You must not be a convicted sex offender.

2.2 TTU Coins

TaTaTu rewards its users for advertising revenue that TaTaTu determines is generated from the user watching, posting and commenting on photo and video content on the TaTaTu Site by issuing a specially designed Coin (the “TTU Coin” or the “Coin”). Users will also be rewarded for advertising revenue that TaTaTu determines is generated from users they invite to the TaTaTu Site that become users as a direct result of that invitation in accordance with these Terms of Use.  The number of TTU Coins you may be awarded shall be based on TaTaTu’s internal determination of advertising revenue associated with the specific photo or video content on the TaTaTu Site that you watched, posted or commented on.  We do not disclose to users our formula for determining the number of TTU Coins to be awarded. We award TTU Coins to our users on the 15th of each month.  If the amount of TTU Coins earned by the user is less than a minimum number of TTU Coins (as determined by TaTaTu, from time to time, in its sole discretion) at the end of a particular awarding period, then we may withhold such TTU Coins to be awarded until the next awarding period in which the amount of TTU Coins awardable to the user is equal to or greater than such minimum number of TTU Coins.

The TaTaTu rewards program and TTU Coin is subject to modification or limitation at any time, with or without notice, in TaTaTu’s sole discretion, including, without limitation, the right to establish additional means of accruing TTU Coins, and the right to modify and delete any or all of the recognized means of accruing TTU Coins existing at any time, the right to change the TTU Coins available and its value and type, and the right to exclude specific activities from TTU Coin eligibility.

The Coins have not been registered with or approved or disapproved by the United States Securities and Exchange Commission (the “SEC”), the regulatory authority of any State of the United States, or the regulatory authority of any other country, in particular in Italy or in the European Union, nor has the SEC or any other such regulatory authority passed upon or endorsed the merits of the Coins.

The user is receiving the Coins for his or her own account and not with a view toward the distribution thereof. You agree not to accept any payment, other compensation, or anything of value of any kind, in return for any TTU Coins. TTU Coins are not transferable. You may not sell, transfer, gift, assign, or share TTU Coins. TTU Coins have no equivalent value in real or fiat currency and may not be returned, exchanged or refunded for currency, whether virtual, real or fiat.

Your receipt of the Coins may have material tax consequences. You are urged to consult with tax counsel and other tax and financial advisors concerning the tax aspects of the receipt of the Coins.

2.3 TaTaTu Virtual Wallet

By clicking “I Agree” or by accessing our Virtual Wallet Site or using the TaTaTu Services, you will create a TaTaTu Virtual Wallet. Your Virtual Wallet is provided to you exclusively by TaTaTu. You can access your Virtual Wallet through the TaTaTu Site or through the Virtual Wallet Site. The Virtual Wallet Site is considered part of the TaTaTu Site, whenever the phrase “TaTaTu Site” is used elsewhere in these Terms of Use.

TTU Coins that you earn will be deposited into your Virtual Wallet. You may track and manage your TTU Coins using your Virtual Wallet. The Virtual Wallet is user-specific. No other user will be able to view your Virtual Wallet or the number of TTU Coins in your Virtual Wallet.

The Virtual Wallet is only capable of supporting TTU Coins. The Virtual Wallet Services include only the following:

  • Receive TTU Coins;
  • Check your TTU Coin balance;
  • Redeem the TTU Coins from TaTaTu for merchandise, services and/or discount coupons that TaTaTu may, in in its sole discretion, offer from time to time;
  • Review your transactions.

You may not transfer your TTU Coins to an exchange, a third-party wallet, or to some other third-party that operates outside of the Virtual Wallet Services. Currently, ownership of TTU Coins is recorded on a Hyperledger blockchain managed by TaTaTu. This means that while the TTU Coins may be accessed using information stored in your Virtual Wallet, the TTU Coins are registered on the Hyperledger blockchain. This Hyperledger blockchain is used solely for the creation of, and registration of transactions concerning, TTU Coins. All of your TTU Coins will be securely stored in your Virtual Wallet. TTU Coins may be used and redeemed as provided in these Terms of Use and on the TaTaTu Site.

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 the Virtual Wallet

We reserve the right to change the structure of TTU Coins, including to have them stored on a separate or different blockchain, which may require different private keys. If we make such a change, we will notify users by email or on the TaTaTu website and we will provide a certain period of time for you to transfer existing TTU Coins to the new TTU Coins. If we make such a change, and you do not transfer existing TTU Coins to new TTU Coins within the time period specified on the TaTaTu website, it is possible that you may lose the ability to use your existing TTU Coins within your Virtual Wallet.

TaTaTu may at any time, and in its sole discretion and without notice, add additional functionality to the Virtual Wallet, eliminate functionality in the Virtual Wallet, and add or eliminate features of, or uses for, the TaTaTu Coins. By accessing your Virtual Wallet after we make such changes, you are agreeing to those changes. Except as otherwise required by law, any change to the Virtual Wallet or the TaTaTu Coins applies only to transactions that occur, or claims that arise, after the amendment becomes effective.

2.5 Finality of Transactions; Suspension and/or Cancellation of Transactions

You cannot cancel, reverse, or modify pending or completed transactions to redeem TTU Coins. TaTaTu has no ability to cancel, reverse or modify any transaction recorded on the Hyperledger blockchain. TaTaTu will not initiate a transaction on your behalf. If a pending transaction cannot be completed for whatever reason, the TTU Coins will be returned to your Virtual Wallet. At all times, you will be able to review your pending and completed transactions within your Virtual Wallet.

Because all transactions are final, and you cannot modify pending or completed transaction, 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 with respect to your TTU Coins in compliance with the established Security Procedures will be deemed authorized by you. There are no limits on the number of your TTU Coins that may be redeemed by any person accessing your Virtual Wallet using the Security Procedures, and no limit to the number of TTU Coins you may lose 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 to cancel any pending transaction for any reason, including without limitation as required by law or in response to a subpoena, court order, or order of other competent governmental authority.

2.6 Fees and Expiration of TTU Coins

There are no fees charged by TaTaTu for the issuance or use of the TTU Coins. This means that there are no fees for:

  • maintenance of the Virtual Wallet;
  • redemption of TTU Coins;
  • receiving or otherwise using TTU Coins
  • customer service; or
  • inactivity or dormancy.

The Virtual Wallet and TTU Coins may not be accessed through any third party or automated teller machine. The TTU Coins do not have an expiration date.

2.7 Suspension and/or Revocation of Virtual Wallet Access

We may, in our sole and absolute discretion and for any reason, without liability to you or any third party, refuse to let you open a Virtual Wallet, suspend your access to your Virtual Wallet or the Virtual Wallet Site, or terminate your Virtual Wallet. We may take such actions if you violate these Terms of Use. We also reserve the right to suspend or terminate your access to your Virtual Wallet or the Virtual Wallet Site if we, in our sole discretion (i) have reasonable suspicions that you are using your Virtual Wallet in a fraudulent manner, (ii) have security concerns regarding your Virtual Wallet, or (iii) we implement additional security procedures and you fail to complete them. If we do so, you will not have access to the private encryption keys for the TTU Coins stored in your Virtual Wallet, and we are not liable for any losses that you incur.

2.8 Redemption of TTU Coins from TaTaTu

The TaTaTu redemption program, which allows redemptions of TTU Coins from TaTaTu for merchandise, services and/or discount coupons, is subject to modification or limitation at any time, with or without notice, in TaTaTus sole discretion.

Merchandise and services purchased from third party stores and websites (“Affiliate Stores”) with the redemption of discount coupons acquired through the redemption of TTU Coins are governed by and subject to the applicable Affiliate Stores policies, including applicable exchange and shipping policies. We are not agents of Affiliate Stores, and Affiliate Stores operate independently and are not under our control. We are not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Stores withdrawal from our redemption program. The coupons have no equivalent value in virtual, real or fiat currency and may not be redeemed, returned, exchanged or refunded for currency, whether virtual, real or fiat.

  1. Additional TaTaTu Services

3.1 Video: Watch, Post or Share Audio-Visual Content

From time to time, users may have the ability to watch, post and share audio-visual content on the TaTaTu Site.

3.2 Music: Watch, Listen, Post or Share Music

From time to time, users may have the ability to watch, listen, post or share music on the TaTaTu Site.

3.3 Games: Play Games, Post Games or Find Players

From time to time, users may have the ability to play and post games, and find players for those games, on the TaTaTu Site.

3.4 Sports: Watch, Post or Share Sports

From time to time, users may have the ability to watch, post and share sports-related content on the TaTaTu Site.

3.5 Auctions

Users will be able to take part in the auctions that will be promoted by Tatatu on its site, which will have the following characteristics:

Tatatu will present a product of its own unquestionable choice, to which auction participants will be able to win, over the duration of the auction by offering a bid in Tatatu Coins.

Tatatu will inform on the platform about the day and time when the auction will take place as well as its duration.

The starting price will be 1 TTU (Tatatu Coin) and subsequent bids up to 100 will be 1 TTU at a time, once the value of 100 is reached 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, a term that will be identified by Tatatu, whose evaluation will be final and unquestionable.

Tatatu will have absolute control over the evaluation of the moment of presentation of the individual offers and will be able to proceed with the exclusion of those offers that possibly exceed the availability of Coins for the specific user, as well as those offers that come from a user who uses TTU Coins illegally earned and held by the user. At the end of each auctions Tatatu reserves in fact all rights to suspend any account whenever Tatatu spot any suspicious activity or anything compromising the Tatatu system or taking advantage of it.

A user can only win one auction per month, and in case he participates and wins another auction within the same time range, Tatatu is going to assign the prize to the next highest bidder.

 

For the avoidance of doubt , the winner of the Auction will not able to win other auctions for a 30 days period, this also includes using another account under a different name and transferring TTU Coins into a new account.

For reasons relating to respect for privacy, Tatatu is not required to declare the details of the auction winner, being able to simply indicate his nickname with which he participated in the auction itself.

The auctions organized by Tatatu will not require any payment in cash, of any currency, but exclusively in Tatatu Coin.

 

 

YOUR COMMITMENTS

In return for our commitment to provide the Service, we require you to make the below 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 in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the TATATU community.
You must be at least 18 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.

How You Cant Use TATATU.

Providing a safe and open Service for a broad community requires that we all do our part.
You cant impersonate others or provide inaccurate information.
You dont have to disclose your identity on TATATU, but you must provide us with accurate and up to date information (including registration information).
Also, you may not impersonate someone you arent, and you cant create an account for someone else unless you have their express permission.
You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

You can’t violate (or help or encourage others to violate) these Terms or our policies

You can’t do anything to interfere with or impair the intended operation of the Service.
You can’t attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission.
You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
You can’t post private or confidential information or do anything that violates someone elses rights, including intellectual property.

You can’t use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it.

Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.

Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to 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 may show that you liked a sponsored post created by a brand that has 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 be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more in the setting section of your profile about your ad settings.
You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someones intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks as expressly permitted by our brand Guidelines or with our prior written permission.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our TATATU Community Guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately if you: clearly, seriously or repeatedly violate these Terms of Use, our policies (including our TATATU Community Guidelines), if you repeatedly infringe other people intellectual property rights, or where we are required to do so by law. If we take action to remove your content for violating our Community Guidelines, or disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.
Content you delete may persist for a limited period of 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 if We Disagree,” will still apply even after your account is terminated or deleted.

Who Has Rights Under this Agreement.
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned 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 will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control.
The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.
How We Will Handle Disputes.
If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in in Rome – Italy and Italian law will govern these Terms and any claim, without regard to conflict of law provisions.
Unsolicited Material.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.

3.5 Privacy Notice

TaTaTu’s Privacy Notice explains how we collect, use, process and share personal data and, your rights regarding your personal data, your choices regarding your personal data, including those available in the TaTaTu Privacy and Security Settings.

 

  1. General Use

4.1 Limited License

We grant you a limited, nonexclusive, nontransferable license, subject to the terms of these Terms of Use, to access and use the TaTaTu Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by TaTaTu in these Terms of Use and from time to time. If you use Content covered by intellectual property rights that we have and make available on the TaTaTu Site (including, but not limited to, text, images, video, web pages, sounds, software, trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property and video, and the look and feel, design, and compilation thereof) we retain all rights to our Content (but not your user generated content addressed below).

You agree that you are permitted to use our Content only as set forth in and to the extent permitted by these Terms of Use. Any other use of the TaTaTu Site or Content is expressly prohibited and all other right, title, and interest in the TaTaTu Site or Content is exclusively the property of TaTaTu and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. TaTaTu and all logos related to the TaTaTu Site or displayed on the TaTaTu Site are either trademarks or registered marks of TaTaTu or its licensors. You may not copy, imitate or use them without TaTaTu’s prior written consent.

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by these Terms of Use. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by TaTaTu in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by TaTaTu. You may not build a business utilizing the Content, whether or not for profit.  The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.

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 that is compatible with the mobile service. The Company does not warrant that the Mobile Application will be compatible with your mobile device. The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (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 accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that the Company may from time-to-time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant 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 carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).
  • Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • The Company, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that the Company, and not Apple, are responsible for addressing any claims 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 fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and 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 parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and the Company only, and not with Google, Inc. (“Google”).
  • Your use of the Companys Android App must comply with Googles then-current Google Play Terms of Service.
  • Google is only a provider of the Google Play where you obtained the Android App. the Company, and not Google, is solely responsible for the Companys Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Companys Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Companys Android App.

4.3 Usage Rules and Limitations

Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and TaTaTu does not guarantee that you will agree with them.  You acknowledge these risks.

TaTaTu uses various technologies to provide you with an optimal viewing experience. That said, quality of 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 used, among other factors.  The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, TaTaTu is unable to make any warranties about the Content in these respects.

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the TaTaTu 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, reverse engineering, modifying, interfering with or otherwise circumventing the video player in any manner that enables users to view the Content without: (i) displaying visibly of both the video player and all surrounding 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 functionality of the video player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

4.4 User Generated Content

You retain all of your ownership rights in the content you create (user generated content or “UGC”). However, by submitting UGC to TaTaTu, you hereby grant TaTaTu a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the TaTaTu Site and TaTaTu’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the TaTaTu Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TaTaTu Site a non-exclusive license to access your UGC through the TaTaTu Site, and to use, reproduce, distribute, display and perform such UGC as permitted through the functionality of the TaTaTu Site and under these Terms of Use. The above licenses granted by you in UGC you submit to the TaTaTu Site terminate within a commercially reasonable time after you remove or delete your videos from the TaTaTu Site. You understand and agree, however, that TaTaTu  may retain, but not display, distribute, or perform, server copies of your UGC that have been removed or deleted. Notwithstanding the foregoing, the above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that UGC you submit to the TaTaTu Site will not contain 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 you are otherwise legally entitled to post the material and to grant TaTaTu all of the license rights granted herein.

You further agree that you will not 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 & 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 give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with 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 that you change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).

4.6 Updates to the TaTaTu Site

You agree that we may update the TaTaTu Site from time to time and that updates may change the way your TaTaTu Account looks or features that exist on the TaTaTu Site.

4.7 Website Accuracy

Although we intend to provide accurate and timely information on the TaTaTu Site, the TaTaTu Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, 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 shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the TaTaTu Site.

4.8 Third Party Applications

If, to the extent permitted by TaTaTu from time to time, you grant express permission to a third party to access or connect to your TaTaTu Account, either through the third party’s product or service or through the TaTaTu Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Use. You are fully responsible for all acts or omissions of any third party with access to your TaTaTu Account. Further, you acknowledge and agree that you will not hold TaTaTu responsible for, and will indemnify TaTaTu from, any liability arising out of or related to any act or omission of any third party with access to your TaTaTu Account. You may change or remove permissions granted by you to third parties with respect to your TaTaTu Account at any time through the Account Settings (Integrations) page on the TaTaTu Site.

4.9 Third Party Destinations

If we provide links or pointers to other websites or destinations, you should not infer or assume that TaTaTu operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the TaTaTu Services, we will not warn you that you have left the TaTaTu Services and are subject to the terms and conditions (including privacy policy) of another website or destination.In some cases, it may be less obvious than others that you have left the TaTaTu Services and reached another website or destination.  Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions.  These Terms of Use do not govern your use of another website or destination.  TaTaTu is not responsible for the content or practices of any website or destination other than the TaTaTu Site, even if it links to the TaTaTu Site and even if the website or destination is operated by a company affiliated or otherwise connected with TaTaTu. By using the TaTaTu Services, you acknowledge and agree that TaTaTu is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the TaTaTu Site.

4.10 Third Party Advertisements and Services

TaTaTu takes no responsibility for and does not endorse any third party advertisements or any third party material available on the TaTaTu Sites, nor do we take any responsibility for the products or services provided by advertisers.  Any dealings you have with advertisers while using the TaTaTu Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that TaTaTu is not liable for any loss or claim that you may have against an advertiser.  If you provide any confidential or personal information or engage in any transaction through an advertisement, TaTaTu is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

4.11 Relationship of the Parties

TaTaTu is an independent contractor for all purposes. Nothing in these Terms of Use shall be deemed or is intended to be deemed, nor shall it cause, you and TaTaTu to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or TaTaTu to be treated as the agent of the other. Further, your use of the TaTaTa Services is not a performance and is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle you to wages, salary, corporate benefits, unemployment or workers compensation benefits, or other compensation under any such collective bargaining agreement or otherwise. The TTU Coins which may be awarded to you in accordance with these Terms of Use are not compensation.

4.12 Password Security & Contact Information

You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the TaTaTu Site. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your TaTaTu Account by third-parties and the loss or theft of any TTU Coins held in your TaTaTu Virtual Wallet and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of TaTaTu and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your TaTaTu Account information has been compromised, contact us immediately at support@tatatu.com.

4.13 Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the TaTaTu Site or to TTU Coins you receive through the TaTaTu Site, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your TaTaTu Account.

  1. Prohibited Use or Activity

Providing a safe, open and effective TaTaTu Site for a broad community requires that we all do our part.

  • You can’t impersonate others or provide inaccurate information.
  • You don’t have to disclose your identity on the TaTaTu Site, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an TaTaTu Account for someone else unless you have their express permission.
  • You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can’t violate (or help or encourage others to violate) these Terms of Use or our policies. Learn how to report conduct or content in our Help Center.
  • You can’t do anything to interfere with or impair the intended operation of the TaTaTu Site.
  • You can’t attempt to create TaTaTu Accounts or access or collect information in unauthorized ways.
  • This includes creating TaTaTu Accounts or collecting information in an automated way without our express permission.
  • You can’t attempt to buy, sell, or transfer any aspect of your TaTaTu Account (including your username) or solicit, collect, or use login credentials or badges of other users.
  • You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
  • You can’t use a domain name or URL in your username without our prior written consent.
  • TaTaTu’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Using technologies to access the Content from territories where TaTaTu does not have rights or that are not permitted by these Terms of Use is prohibited.
  1. Termination, Restriction and/or Suspension

We may terminate, restrict or suspend your access to the TaTaTu Site and/or your ability to avail of any of the services on the TaTaTu Site, including interactive services, at any time if we believe that you have breached these Terms of Use. We have the right to revoke, transfer and/or remove some or all of the TTU Coins available in your TaTaTu Virtual Wallet in the event of such termination, restriction or suspension, as further outlined in Section 2.7 above.

TaTaTu will terminate your TaTaTu Account if, under appropriate circumstances, you are determined to be a repeat infringer (as discussed further below). TaTaTu reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. TaTaTu may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s TaTaTu Account for submitting such material in violation of these Terms of Use.

TaTaTu may also terminate your TaTaTu Account if you take any action that TaTaTu deems as circumventing TaTaTu controls, including, but not limited to, opening multiple TaTaTu Accounts or abusing promotions which TaTaTu may offer from time to time.

Any such termination, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms of Use. We may also remove the TaTaTu Site as a whole or any sections or features of the TaTaTu Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms of Use.

  1. Digital Millennium Copyright Act (“DMCA”)

7.1 DMCA Claim

The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate 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 the subject of copyright infringement and/or trademark infringement and appears on the TaTaTu Site, please provide the Company’s designated agent the following information:

  • A physical or electronic signature of a person authorized 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 such works at that site.
  • Identification of the material that is claimed 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 at the TaTaTu Site, and information reasonably sufficient to permit the Company to locate the material.
  • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s agent for notice of claims of copyright or trademark infringement on the TaTaTu Site can be reached as follows:

TaTaTu S.p.A.

Via Barberini, 29

00187 Rome (RM)

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

7.2 Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company 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 at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

7.3 Termination of Repeat Infringers

The Company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA Digital Millenium Copyright Act e normative dell’Unione Europea in materia di diritto d’autore e diritti connessi (direttive 96/6/9/CE e 2001/29/CE nonché direttiva 790/2019) nonché equivalente normative italiana tra cui L 633/41 e successive modificazioni or other infringement notifications.

  1. Customer Feedback, Queries, Complaints and Dispute Resolution

8.1 Contact TaTaTu

If you have any feedback, questions, or complaints, or you believe your TaTaTu Account has been compromised, you may email us at support@tatatu.com

8.2 Who Has Rights Under this Agreement

You cannot transfer your rights or obligations under this Agreement without our consent. Our rights and obligations can be assigned 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 “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our TaTaTu Services.

Our responsibility for anything that happens on the TaTaTu Site (also called “liability”) is limited as much as the law will allow and you expressly release TaTaTu and agree to indemnify TaTaTu as set forth in this Section 8.3 and above in Section 4.8.

Generally speaking, and as addressed in the indemnification section of our Agreement, if there is an issue with our platform, we can’t know what all the possible impacts might be. YOU AGREE THAT WE WON’T BE RESPONSIBLE (“LIABLE”) FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, EVEN IF WE KNOW THEY ARE POSSIBLE. THIS INCLUDES WHEN WE DELETE YOUR CONTENT, INFORMATION, OR TATATUACCOUNT. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms of Use or your use of the TaTaTu Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

8.4 Arbitration

Most user concerns can be resolved quickly and to a user satisfaction by contacting us at support@tatatu.com. 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, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, the “Company” means the Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Tatatu S.p.A. Via Barberini, 29 – 00187 Rome. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF USE (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to TaTaTu S.p.A., Via Barberini, 29 – 00187 Rome (RM). Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings according to the rules of article 806 and following of the Italian Code of Civil Procedure

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or the Company may initiate arbitration in Rome – Italy

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of 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 can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into these Terms of Use, you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Continuation

This Provision shall survive the termination of your service with the Company or its affiliates. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the notice address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute between us arises.

  1. Computer Viruses

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from TaTaTu. Always log into your TaTaTu Account through the TaTaTu Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

  1. Limitation of Liability and Warranty Disclaimer

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 IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE TATATU SITE OR THE TATATU SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TATATU HAS BEEN ADVISED OF OR KNEW 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.

THE TATATU SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TATATU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TATATU DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE TATATU SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

TATATU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AMOUNT OF ADVERTISING REVENUE, IF ANY, TO BE GENERATED FROM EXPLOITATION OF THE CONTENT ON THE TATATU SITE.

TATATU’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

  1. Updating these Terms of Use

We may amend or modify this Agreement by posting on the TaTaTu Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the TaTaTu Services and close your TaTaTu Account. You agree that we shall not be liable to you or any third party for any modification or termination of the TaTaTu Site, including the Virtual Wallet Site, or suspension or termination of your access to the TaTaTu Site, including the Virtual Wallet Site, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective. Except as otherwise required by law, any change to these Terms of Use applies only to transactions that occur, or claims that arise, after the change becomes effective.

  1. Assignment

You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any TaTaTu affiliates or subsidiaries, or to any successor in interest of any business associated with the TaTaTu Sits. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

  1. Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, TaTaTu Account cancellation, general use of the TaTaTu Site, disputes with TaTaTu, and general provisions, shall survive the termination or expiration of this Agreement.

  1. Governing Law

You agree that the Italian law, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and TaTaTu, except to the extent governed by US federal law.  Except for Disputes subject to arbitration as described above, any disputes relating to this Agreement or the TaTaTu Site will be heard in the courts located in New York in the State of New York.

  1. Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

  1. English Language Controls

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

  1. Non-Waiver of Rights

This Agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

  1. Notices

All notices required under these Terms of Use and other information we provide to you (“Communications”) will be delivered to you electronically in the manner described in this Section. Communications may be sent to you electronically (i) by transmitting the Communication to the email address you have provided to us or to any other email address you may provide to us from time to time, (ii) by posting the Communication on a website and sending you a notice to your email address telling you that the Communication has been posted, its location, and providing instructions on how to view it, or (iii) to the extent allowed by applicable law, by posting it to our website. Communications sent electronically to you will be effective when the Communication, or a notice advising of its posting to a website, is sent to your electronic address, or, to the extent permitted, when posted to our website.