These Website Terms of Use (hereinafter “TOU”) apply to each visitor of our websites, such as www.TapNative.com or any other Tap Native website, partner or affiliate displaying these TOU (collectively, the "Sites") operated by Tap Native, LLC. with registered office at 2093 Philadelphia Pike #8370, Claymont, DE 19703 USA its parent, affiliates, or subsidiaries (“Tap Native,” “we,” “us,” or “our”).

Your use of the Sites which means the website, any dashboard which you may login to in order to access your account, ads, widgets, ad units or any other electronic product associated with the Service is subject to these TOU and all applicable laws, rules, and regulations. Please read these TOU carefully and contact us with any questions.

By accessing and/or using the Sites and the functionalities offered on it, you agree that you have read, understand, and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access or use the Sites or Services. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these TOU. You can review the most current version of these TOU at any time on www.TapNative.com. These TOU may be modified by us at any time.

1. Right to access and use the Sites

Tap Native grants you a limited right to access and use the Sites under the conditions as set out in the TOU. As between Tap Native and you, title, ownership rights, and intellectual property rights in and to the Sites and any derivatives or modifications thereof, in whole or in part, remain with Tap Native. You understand that Tap Native may modify or discontinue the Sites or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Sites except in our sole discretion. You do not acquire any right, title, or interest in any content on the Sites by virtue of accessing the Sites or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Sites is granted to you by these TOU or otherwise. The trademarks, logos, service marks, and business names displayed on the Sites are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Sites and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe our or third parties’ copyrights, trademarks, privacy, publicity, or other rights. This includes, without limitation, the use of automated systems or software to extract data from the Sites for commercial purposes (also known as screen scraping), unless where you have a written agreement with us particularly to this extent.



2. Privacy and use of cookies

Any information you provide during access to and use of the Sites is governed by Tap Native’s Privacy Policy. By using the Sites, you agree to the collection, use, and sharing, if any, of your information as set forth in our Privacy Policy. Any dispute over privacy is subject to the TOU and the Privacy Policy.

In addition, we use cookies and other automated means of data collection on our Sites. Please read our Cookie Policy to understand how we use cookies and such other automated means on the Sites.



3. Limitations

In connection with your use of the Sites, you will not, and will not allow any third party to:

a) Link to or use the Sites in connection with any material that contains:

  • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
  • Obscene, defamatory, libelous, slanderous and/or unlawful content;
  • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
  • Inflammatory religious content;
  • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
  • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.

b)Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Sites;

c) Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Sites or any content contained therein;

d) Use the Sites in any manner that could damage, disable, overburden, or impair the Sites, Tap Native, the third-party site, website, or application on which the Services are available, or any other person or entity; or

e)Collect any information (including, without limitation, email addresses) about other visitors of the Sites; create or transmit unwanted electronic communications to other visitors of the Sites; or otherwise interfere with such visitors' enjoyment of the Sites.

Unless otherwise expressly authorized in these TOU or on the Sites, you may not take any action to interfere with the Sites or any other visitor's use of the Sites. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from the Sites without our prior written consent. You agree not to bypass any measures we may use to prevent or restrict access to the Sites.

You agree not to use the Sites for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes). You agree that you will comply with all laws related to your use of the Sites.

Where appropriate, for example in our contact form, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.



4. Digital Millennium Copyright Act (“DMCA”) Notice.

We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, our users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: contact@TapNative.com

If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


5. Limitation on Liability Disclaimers

ALL PROVISIONS SET OUT BELOW IN THIS SECTION 5 WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

THE SITES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITES AT YOUR OWN RISK. TAP NATIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TAP NATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TAP NATIVE DOES NOT WARRANT THAT THE SITES OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TAP NATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.

TAP NATIVE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITES. IN NO EVENT SHALL TAP NATIVE, ITS PARENT, ITS SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITES, OR (VI) OTHERWISE RESULTING FROM THE USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE US DOLLARS (US $5.00).



6. Indemnity

To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless Tap Native, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Sites in violation of these TOU, including without limitation (i) all matters related to your access to and use of any Tap Native online services, including, without limitation, your use of the Sites, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Sites caused damage to a third party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.



7. Links to Other Sites

The Sites, including content therein, may contain links to third-party sites, websites, or applications. These links are provided as a convenience to you. Tap Native does not control and is not responsible for the content of such third-party sites, websites, or applications or the conduct of the operators of such third-party sites, websites, or applications, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party sites, websites, or applications. Tap Native encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party sites, websites, or applications, you do so at your own risk. Your use of all third-party sites, websites, or applications are subject to the applicable policies of those third parties.



8. Termination, Advertiser Charges and Publisher Earnings

Self-Serve publishers without a signed agreement shall receive a fifty percent (50%) share of the Gross Revenue. “Gross Revenue” means total revenue generated by ads paid for by advertisers and generated by the publisher’s Tap Native ad units minus 1.9% for credit cards, charge backs, payment adjustments based on 3rd party software and any relevant sales commissions to 3rd party companies including data fees paid by Tap Native. For sake of clarity, this means that Tap Native shares revenue with publishers after removing those 3rd party fees. Tap Native reserves the right, at any time and in its sole discretion, to terminate and discontinue the service of any publisher that has a registered account or utilizes its ad units or any parts of its Sites, in whole or in part, and we may prevent any person or entity from access to the ad units and Sites with or without notice for any reason or no reason. Tap Native Pays publisher’s net30 at the end of every calendar month. January earning are paid at the end of February, February earnings are paid at the end of March etcetera. To be eligible for payment, all publishers must set their payment preference and upload their organization’s W9 or W8 form in the publisher finance section of the Tap Native dashboard. Tap Native typically discontinues service to a publisher when it has determined that the publisher’s web traffic is partially or fully automated or fraudulent. No payments for traffic determined to be automated or fraudulent will be paid to the publisher. All charges in the advertiser dashboard and earnings displayed in the publisher’s dashboard are estimates only and do not become official until the 10th day of the calendar month following the month for which those earnings took place. Upon termination for any reason, Sections 5 (Limitation on Liability and Disclaimers), 6 (Indemnity) and 11 (General) will survive.



9. Advertiser Billing, charges and Recurring Payment

As an advertising user you understand that you are solely responsible for charges that will accumulate when ads are set to play in your account. Ads typically begin playing once they are approved unless you have paused the ad in your dashboard. You are responsible for pausing ads when they are set to play and you are responsible for setting daily or monthly spending caps on ads, campaigns or at the account level.

Auto bill and Recurring Payments. In order to utilize some Tap Native Services or product offerings, you may elect to opt in for auto billing which are recurring credit card charges set by you, the advertiser, in the Tap Native dashboard. These auto bill settings control if, when and how additional amounts should be charged to the credit card you have input into the Tap Native dashboard. You may elect to set recurring charges when the Tap Native account balance reaches specific levels. As an advertising user you understand that you are solely responsible for auto bill settings and charges that accumulate while ads are playing in your account. As part of signing up for this service you authorize Tap Native, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the settings in the auto bill feature described in the Tap Native dashboard. Tap Native reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other services or product offerings we may offer for a non-recurring fee, you authorize Tap Native to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Tap Native already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services or products you purchase.



10. Refund Policy

Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for ads that have run as well as auto bill charges made on or through the Site or Services are non-refundable. If there is an unused balance in your account, Tap Native will refund that unused portion as long as no additional charges from auto bill or ads that have not yet been accounted for are playing.



11. General

The TOU and your use of the Sites shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, unless otherwise stated by mandatory laws. Any action shall be brought exclusively in the courts located in the county of Mercer, New Jersey and you hereby consent to such jurisdiction and venue to the extent permitted by applicable law. In no event shall any claim, action, or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose. If any provision of the TOU (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. The failure of Tap Native to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Tap Native's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term. These TOU, the Privacy Policy, and the Cookie Policy constitute the entire agreement between you and Tap Native with respect to the offering of our Sites to you.



12. Questions

Should you have any questions regarding these TOU you may contact us at contact@TapNative.com or via the address as indicated in the header of these TOU.