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).
00187 – Rome (RM)
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.
2.1 Who Can Use TaTaTu?
2.2 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
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:
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:
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
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.
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.
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.
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
(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
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
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.
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.
4.1 Limited License
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”):
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”):
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 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
4.9 Third Party Destinations
4.10 Third Party Advertisements and Services
4.11 Relationship of the Parties
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 email@example.com.
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.
Providing a safe, open and effective TaTaTu Site for a broad community requires that we all do our part.
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.
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:
The Company’s agent for notice of claims of copyright or trademark infringement on the TaTaTu Site can be reached as follows:
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:
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.
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 firstname.lastname@example.org
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.
Most user concerns can be resolved quickly and to a user satisfaction by contacting us at email@example.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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.