Terms of Service

1. Introduction

Welcome to Taptu, a mobile information aggregator [and search engine] that helps you find information and share it with your friends. Taptu can be accessed from your mobile phone, tablet or PC. The Taptu service is operated by Taptu Limited (“Taptu”) and consists of the Taptu website, information aggregator and other related features and services offered by Taptu, such as the information aggregator, search engine and discussion forum within which search results and other content can be shared (collectively, the “Taptu Service”).

By accessing or using the Taptu Service, you agree to be bound by the following terms and conditions (the “Terms of Service”), whether or not you register as a user with Taptu. It is important that you take time to read these Terms of Service carefully because they form a legally binding agreement between you and Taptu in relation to your use of the Taptu Service.

Unless explicitly stated otherwise, any new features which may be added to the Taptu Service, including the release of new Taptu services and software, are subject to these Terms of Service.

2. Changes to these Terms of Service

Taptu may, in its sole discretion, make changes to these Terms of Service at any time. If changes are made, Taptu will either post them on this page or publish them on your tablet or mobile phone. You should check this page from time to time to take notice of any changes. If you do not accept any changes to these Terms of Service, you should stop using the Taptu Service immediately. If you continue to use the Taptu Service after changes have been posted on this page or on your mobile phone or tablet, you will be deemed to have accepted the new Terms of Service.

3. Accessing the Taptu Service

Taptu may be accessed through the Internet, through WAP services provided by certain mobile network providers and via Taptu’s own proprietary applications from time to time. You are responsible for making all arrangements necessary to access the Taptu Service, including any charges associated with such access. Taptu is not responsible for any reduced functionality resulting from, or in connection with, your use of the Taptu Service through the internet or via WAP.

Taptu reserves the right to withdraw or amend the Taptu Service without notice. Taptu will not be liable if, for any reason, the Taptu Service is unavailable for any period of time.

Taptu is constantly finding ways to improve the Taptu Service. In order to provide a better service to you, Taptu may stop, either temporarily or permanently, providing the Taptu Service to you or to users generally. You acknowledge and agree that this shall be at Taptu’s sole discretion, without prior notice to you.

Registration may be required for the use of certain features of the Taptu Service. By registering as a user of the Taptu Service, you represent and warrant that you understand and agree to these Terms of Service. As part of the registration process, you may be asked to select a username and password. You will be responsible for keeping your password secure and for all activities that occur under your username. Taptu may refuse to register you or grant you a user name where it is already used by someone else or for any other reason, as determined by Taptu in its sole discretion. Taptu is not liable for any harm caused by, or related to, the theft or misappropriation of your user name and password, disclosure of your user name or password, or your authorisation of anyone else to use your user name or password. You agree to immediately notify Taptu if you become aware of, or believe there is or may have been, any unauthorized use of your user name or password and/or any activity using your username and password or if there is any other need to deactivate your user name or password due to security concerns.

Taptu reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.

BY POSTING CONTENT OR AGREEING TO RECEIVE MESSAGES AS DESCRIBED IN THESE TERMS OF SERVICE, YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY BE CHARGED BY YOUR WIRELESS OR MOBILE CARRIER FOR THESE POSTS AND/OR MESSAGES AND THAT THEIR STANDARD MESSAGING RATES APPLY UNLESS TAPTU OR YOUR WIRELESS OR MOBILE CARRIER EXPRESSLY TELL YOU OTHERWISE. UNDER NO CIRCUMSTANCES WILL TAPTU BE RESPONSIBLE FOR ANY WIRELESS OR MOBILE CARRIER CHARGES (EMAIL, POSTING, SMS, TEXT OR OTHER MESSAGING, OR OTHERWISE).

4. Privacy Policy

Taptu processes information about you in accordance with its Privacy Policy. Please make sure you read our Privacy Policy. By using the Taptu Service, you will be deemed to have accepted the Privacy Policy.

Member Conduct and Content in the Taptu Service

The Taptu Service is made available for your personal, non-commercial use only. You may not use the Taptu Service for any illegal or unauthorized purpose.

The Taptu Service is designed to help you navigate to content that is relevant to you. You understand that all information (such as data, text, computer software, music, audio files, graphics, photographs, video, messages and other materials) (“Content”), which you may access as part of, or through your use of, the Taptu Service, are the sole responsibility of the person or company from which such Content originated. This means that you, and not Taptu, are entirely responsible for all Content that you view, upload, post, display or otherwise transmit while using the Taptu Service and for the consequences of your actions (including any loss that Taptu may suffer) by doing so.

Taptu does not exercise any editorial control over Content submitted or posted by users on or through the Taptu Service and Taptu has no obligation to check the accuracy of any Content available through the Taptu Service, nor to monitor any Taptu user’s use of the Taptu Service. Without prejudice to the previous sentence, Taptu may, but shall have no obligation to, remove or limit access to Content originating from any Taptu user or otherwise that it determines in its sole discretion to be unlawful, threatening, fraudulent, libellous, defamatory, obscene or otherwise objectionable, or which infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.

Taptu does not control Content posted or accessed via the Taptu Service and does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Taptu Service, you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Taptu Service at your own risk.

You acknowledge that the technical processing and transmission of the Taptu Service, including your Content, may involve transmissions over various networks. Content may be changed to conform and adapt to the technical requirements of connecting networks or receiving devices.

5. Conditions For Use

You must not:

  • Share, upload or submit any Content that is defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable or which otherwise violates the rights (such as the rights of privacy and publicity) of others.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others or use the Taptu Service in any similar manner.
  • Impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users (for example, when participating in discussion forums on the Taptu Service).
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Taptu Service.
  • Share, upload, post or disseminate Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law or regulation. You also agree not to remove any copyright, trademark or any other proprietary rights notices contained in or on the Taptu Service.
  • Copy, adapt, alter or create a derivative work from, communicate to the public or otherwise exploit any Content accessed through the Taptu Service.
  • Upload or submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment.
  • Attempt to gain unauthorized access to the Taptu Service, other accounts, computer systems or networks connected to the Taptu Service, through password mining or any other means. You also agree not to access the Taptu Service by any means other than through the interface that is provided by Taptu for use in accessing the Taptu Service.
  • Modify, adapt, translate, or reverse engineer any portion of the Taptu Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Taptu Service, except as expressly authorized by Taptu.
  • Use the Taptu Service for any unlawful purposes and intentionally or unintentionally violate any applicable law or regulation.
  • Solicit or collect personal data (including names, addresses, telephone numbers, email addresses), or any other kind of information about users of the Taptu Service, or any other means of automatically accessing, signing-in or registering with the Taptu Service or for any services or features offered on or through the Taptu Service.
  • Undertake any commercial activity or purpose without the prior written consent of Taptu, including, inserting your own or a third party’s advertising, branding or promotional content into any of the Taptu Service’s content, materials or services.

6. Content Licence from You

As a registered user, Taptu may now or in the future give you the ability to upload or submit Content to the Taptu Service. Whenever you make use of a feature that allows you to upload Content to the Taptu Service, or to make contact with other users of the Taptu Service, you must comply with the conditions set out in Section 6 above.

Taptu does not claim any ownership rights in any Content that you submit, post or display on or through the Taptu Service. By submitting, posting or displaying any Content on or through the Taptu Service, you irrevocably and unconditionally grant Taptu a non-exclusive, perpetual, worldwide, unrestricted, irrevocable royalty-free and fully transferable, assignable and sub licensable license to use the Content in any way, including (without limitation) the right to copy, edit, adapt, reformat, translate, create derivative works from, incorporate into other works in any form, media, software or technology currently available or made available in the future, distribute, perform, play, broadcast, commercialise for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes, such as developing, manufacturing and marketing products and targeted advertisements using such Content.

You hereby agree to waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of your Content, even if such material is modified or changed in a manner which is not agreeable to you. You agree and understand that Taptu, its parent, subsidiaries, affiliates, and partners are not obligated to use Content submitted through the Taptu Service, and may alternatively choose, in its sole discretion, to discard, refuse to post, limit or block access to your Content without incurring any liability whatsoever.

You will remain the owner of the copyright in any original Content that you submit or upload and you continue to have the right to use your Content in any way you choose, provided such use does not interfere with or impair the rights you have granted to Taptu.

You represent and warrant that: (i) you own the Content posted by you on or through the Taptu Service or otherwise have the right to grant the licence set forth in this section; and (ii) the posting of your Content on or through the Taptu Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Taptu Service.

7. Licence from Taptu

Taptu owns and retains all legal right, title and interest in and to the Taptu website and the Taptu Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including all: (i) text; (ii) software; (iii) photographs; (iv) graphics; (v) page layout; and (vi) design presented through and as part of the Taptu Service by Taptu. You further acknowledge that content contained in sponsor advertisements or information presented to you through the Taptu Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Taptu, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Taptu’s proprietary information. Taptu Limited is the owner of the ‘Taptu’ and ‘Taptu.com’ marks, among others.

Taptu grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive right and licence to use the software provided to you by Taptu as part of the Taptu Service (the “Software”). This licence is for the sole purpose of enabling you to use and enjoy the benefits of the Taptu Service in the manner permitted by these Terms of Service.

You must not (nor must you allow a third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise exploit or transfer any right in the Software, unless this is expressly permitted or required by law, or unless specifically permitted by Taptu in writing.

8. Third Party Content

Taptu sometimes aggregates content and data from different sources as part of the Taptu Service. This content and data are provided by third parties and any comments or views expressed within them are not the views of Taptu and are not endorsed or shared by Taptu. This content and date is provided by the Taptu Service for convenience and should be used by users at their own risk. Any information contained in the content and data may be inaccurate or misleading and should not be relied upon. This content and data may become temporarily, or permanently unavailable and/or may be subject to change without notice.

Taptu will endeavour to provide users with content and data which may be of interest to them. Taptu shall not be held responsible if any content or data is no longer available or, is changed or, if the content or data is no longer aggregated as part of the Taptu Service. Taptu excludes liability to the maximum extent permitted by law for any loss or damage however arising as a result of or in connection with any content or data no longer being aggregated by the Taptu Service or, any reliance on any statement, view or comment expressed within this content or data, or for any copyright infringed by the content or data provider.

9. Software Updates

The software may automatically download and install updates from time to time from Taptu. These updates are designed to improve and enhance the Taptu Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Taptu to deliver these to you as part of the Taptu Service. Taptu excludes liability for any damage or loss of functionality caused to you mobile phone, tablet or PC as a result of downloading and/or installing software updates of the Taptu Service.

10. Termination of the Taptu Service

Taptu, in its sole discretion and at any time, may temporarily or permanently stop providing the Taptu Service, or any part of it, without liability and with or without notice. Any termination of access to the Taptu Service under these Terms of Service may cause your user account to be immediately deactivated or deleted and/or all related information and files in your user account and/or bar any further access to such files or the Taptu Service. Where possible, Taptu will try to give its users fair notice of termination or suspension of their access to the Taptu Service. However, Taptu shall not be liable to you or any third party for any termination or suspension of, and/or modification to the Taptu Service.

You can terminate your account at any time by visiting our settings pages, This will remove your profile and other personal information (if any) from view and prohibit you from accessing the Taptu Service as a registered user, Once your registration is terminated, Taptu will have the right to delete your account and any related Content that you have submitted or uploaded. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your user account.

11. Copyright Policy

Although Taptu has no responsibility for Content that is displayed through the use of the Taptu Service, Taptu operates a ‘notice and takedown’ policy as set out below.

Taptu aims to respond to notices of alleged copyright infringement (“Notice”) that comply with applicable international laws (including, in the United States, the Digital Millenium Copyright Act 2000 and, at Taptu’s sole discretion, to terminate the accounts of repeat infringers. This Section describes the information that should be included in Notices to Taptu. Taptu’s response to these Notices may include disabling and/or terminating the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of Taptu and/or others. Taptu may also remove or disable access to Content which is claimed to be the subject of infringing or illegal activity. Upon receipt of a Notice, Taptu will attempt to contact the owner or administrator of the affected site or Content so that he/she may respond to the Notice (a “Counter-Notice”).

If you believe that your Content (or the Content of a third party on whose behalf you are entitled to act) has been copied or used in a way that constitutes infringement or illegal activity, please provide us with a written Notice including the information set out below (in the same order as set out below):

  • A statement that you have identified material on the Taptu Service which infringes your intellectual property rights (or infringes the intellectual property rights of a third party on whose behalf you are entitled to act, if applicable).
  • A description of the Content that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable).
  • The country or countries in which you have rights in the Content.
  • A description of the way in which your rights in the Content have been infringed.
  • Information reasonably sufficient to enable Taptu to locate the Content in question on the Taptu Service (including a URL and/or screen shot). Information that will enable Taptu to contact you, such as your name, a postal address, telephone number and, if available, an email address. Note that these will also be the contact details that Taptu will provide to the alleged infringer so that they may contact you directly to attempt to resolve the complaint.
  • A statement by you stating that acting in good faith you believe that the disputed use of the Content is not authorized by the owner of such Content (or by a third party who is legally entitled to do so on behalf of the Content owner) and is not otherwise permitted by law.
  • A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the Content owner or authorized to act on the Content owner’s behalf.
  • An electronic or physical signature (which may be a scanned copy) of the Content owner.

Completed Notices, which include all of the information set out above, should then be sent to:
Attn: Taptu Copyright Infringement Notice
Taptu Limited.
Unit 30, St John’s Innovation Centre,
Cowley Road,
Cambridge CB4 0WS
Email: [email protected]
Fax: +44 (0)3300 881558

This ‘notice and takedown’ process is regulated by statute in certain circumstances. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Taptu in bad faith, It Is advisable to take legal advice before sending a Notice to Taptu if you are unsure about your rights in the Content, or whether there has been an infringement of your rights,

If you believe that Taptu has removed Content that you have uploaded or submitted to the Taptu Service in error, you may send Taptu a written Counter-Notice including the information set out below (In the same order as set out below):

Taptu has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Taptu Service constitutes a violation of their rights, or any other law.

Taptu has a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings of Content for which Taptu receives a Notice under these Terms of Service. Each user agrees that if his or her account is terminated pursuant to these Terms of Service, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to these Terms of Service, the user shall indemnify and hold Taptu harmless for any and all liability that Taptu may incur as a result of a user breaching this clause 12.7.

12. Links to Third Party Sites

The Taptu Service includes links to third party websites, content or resources, including links provided as automated search results (“third party sites”). If you use the links to access third party sites, you may leave the Taptu Service and your browser may be directed to the third party sites. Third party sites may have their own terms of use and privacy policy and those third party sites may have different practices and requirements. Taptu may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any third party site which you use at your own risk. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The display of links to third party sites or accessing such sites through the embedded browser does not constitute an endorsement by Taptu of any of the third party sites or resources, or their content, information, services or products. The Taptu Service is only providing these links and an embedded browser to you as a convenience. The terms of use and privacy policy of the third party sites shall apply to your access and use of them. You acknowledge and agree that Taptu is not responsible for the availability of any third party sites, and does not endorse any advertising, products or other materials on or available from such websites or resources. Taptu is not responsible and shall not be liable for any Content available on these third party sites.

13. Advertisers/Taptu Promotions

You agree that in return for your use of the Taptu Service, Taptu may display advertisements and promotions on the Taptu Service and these advertisements may be targeted to the content of information stored on the Taptu Service, queries made through the Taptu Service or other information.

Once you register and begin to use Taptu Services, Taptu may use information gathered from your use of the Taptu Service to create a user profile. In addition, your user profile will be altered by other actions you take, such as sending an a search result to another user or publishing or sharing any other Content on the Taptu Service. All of the information that is generated by your activity on the Tatptu Serivce is used to further alter your profile so that Taptu can tailor its service to provide you with more content which may be of interest to you. Taptu also maintains a central database of information collected by your use of the Taptu Service (which may include your personal information). Taptu may offer some of this information to third parties who may develop new products and services to be offered via the Taptu Services. Taptu does not process any personally identifiable information related to your use of the Taptu Service and/or profile in any manner other than as set out in these Terms of Service.

Third party advertisement companies may serve targeted advertisements to you based on information they collect (which is generally not personally identifiable) from you via cookies or based on the user profiles created by Taptu . We encourage you to read these businesses’ privacy policies if you are concerned about how they will handle your information. For more information about how your personal information will be handled by us, please see our privacy policy.

The manner, mode and extent of advertising by Taptu on the Taptu Service are subject to change without specific notice to you.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Taptu Service, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by law, Taptu shall not be responsible for any loss or damage of any kind incurred as a result of the presence of advertisers or the serving of advertising on the Taptu Service.

[Taptu may deliver or make available to users, certain promotions, newsletters, alerts, services, news, programming, messages and information delivered via text messaging, email, through wireless or mobile devices or otherwise (individually and collectively, “Messages”) and In some cases, your input of information into the Taptu Service will simultaneously enrol you in these services to receive such Messages. Taptu will always disclose these enrolments to you at the time you submit the information that is associated with the Messages involved, and unless you opt-out at that time or at any time in the future (which Taptu will always give you the right and opportunity to do) you will be deemed to have given Taptu your consent to receive such Messages.]

14. Disclaimer of Warranties

Taptu and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, “Taptu and its Affiliates”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or Content displayed on the Taptu Service.

Taptu and its Affiliates further expressly disclaim that: (i) the Taptu Service will meet your requirements and will be uninterrupted, timely, secure or error-free; (ii) defects or errors will be corrected; (iii) the results obtained from the use of the Taptu Service will be accurate or reliable; and (iv) the Taptu Service or the server that makes it available is free of software viruses and/or any other harmful components.

Taptu and its Affiliates expressly disclaim to the fullest extent permitted by applicable law any and all responsibility and/or liability for the conduct of any user of the Taptu Service.

TAPTU, ON BEHALF OF ITSELF AND ITS LICENSEES, PROVIDES THE TAPTU SERVICE, AND ALL CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE TAPTU SERVICE), PRODUCTS AND SERVICES INCLUDED ‘AS IS,’ WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. TAPTU EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES TO THE EXTENT ABOVE, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT YOUR USE OF THE TAPTU SERVICE IS ENTIRELY AT YOUR OWN RISK.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL TAPTU AND ITS AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE TAPTU SERVICE, WHETHER OR NOT TAPTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY: (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TAPTU SERVICE, FROM AN INABILITY TO USE THE TAPTU SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TAPTU SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE TAPTU SERVICE OR ANY PART OF THE TAPTU SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TAPTU SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL TAPTU BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIFTY DOLLARS ($50.00).

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (1) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TAPTU OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

16. Indemnity

You agree to hold harmless and indemnify and keep fully and effectively indemnified, and at Taptu’s request defend, Taptu, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Taptu Service, or your Content, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and legal fees, of every kind and nature. In such a case, Taptu will provide you with written notice of such claim, suit or action.

17. General

These Terms of Service constitute the entire agreement between you and Taptu and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by Taptu will only be effective if it is in writing.

If, for any reason, any of these terms are determined to be illegal, invalid or otherwise unenforceable by a court or competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable or as a result of a future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Service.

No failure or delay by Taptu in exercising any right, power or privilege under these Terms of Service shall operate as a waiver of such right or acceptance of any variation of these Terms of Service and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in these Terms of Service are intended to confer on any third party (whether referred to in the Terms of Service by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.

You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

These Terms of Service, and any non-contractual obligations or liabilities arising out of or in connection with these Terms of Service, shall be governed by, enforced and construed in accordance with English law. You and Taptu agree to submit to the non-exclusive jurisdiction of the courts of England to resolve any dispute or legal matter arising out of or in connection with the Terms of Service.

18. About Us

www.taptu.com is a site owned and operated by Taptu Limited.

Taptu Limited is registered in England and Wales under company number 05514819.

Its registered office is at Unit 140 Cambridge Science Park, Milton Road, Cambridge, Cambridgeshire, CB4 0GF.

Its main trading address is Unit 140 Cambridge Science Park, Milton Road, Cambridge, Cambridgeshire, CB4 0GF

Its VAT number is 895 928 057.

Effective Date: 1st November 2010