GrabTap User Terms of Service

Thank you for using GrabTap (our website GrabTap together with its subdomains and Content, the "Site"). Please read the following GrabTap User Terms of Service (the "Terms") carefully before installing, downloading and/or using the GrabTap mobile, web, or desktop application (the "App") or plug-in (the "Plug-In") or using this Site or the Services provided by Momentum Entertainment LLC (collectively with its parent, subsidiaries, affiliates,"Grabtap", "we", "our" or "us"). Anyone who accesses, signs up or creates an account, and/or uses our Services is herein referred to as a “User”. The Site, together with the Marks, App, Plug-In and the features or services provided therein are collectively referred to as the "Services".

By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms and the Privacy Policy (the "Privacy Policy") incorporated herein. Your acceptance of these Terms means that you agree that your personal information and any data associated with your use of our Services will be used in accordance with our Privacy Policy. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, except to the extent prohibited under applicable law. If you do not agree to be bound by these Terms and those of the Privacy Policy, please do not access or use the Services. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Services provided that you comply with these Terms and applicable law.

1. MODIFICATION

These Terms will be readily accessible and will remain in effect at all times while you use the Services. We reserve the right to modify, change, alter, or delete these Terms at any time. Such change(s) will be effective immediately following the posting of the revised Terms on the Site, and any continued use of the Services thereafter means that you accept those changes. If we make significant or material changes to these Terms, we will use best efforts to notify you via the contact information you've provided to us. If you do not agree to an updated version of these Terms, please stop using the Services.

2. ELIGIBILITY

• Your ability to use the Services is conditioned upon the following representations and warranties: (i) you are at least eighteen (18) years old; (ii) you have and will continue to have the full right, power, and authority to enter into these Terms; (iii) all information you are proving to us is true and accurate; (iv) you are a human and are not accessing the Services to engage in fraudulent or similarly damaging activities; (v) to the best of your knowledge, the Services are available in your country or your use of them does not violate any applicable law or regulation; (vi) you will not use a VPN or other location-modification service or device to access the Services; and (vii) you are not a Sanctioned Person. "Sanctioned Person" means any entity or individual that is, or is owned or controlled by persons that are, (1) the subject of any sanctions administered or enforced by the United States Department of the Treasury Office of Foreign Assets Control, the United States Department of State, or other relevant sanctions authority; (2) included in the "Entity List" or the list of "Denied Persons" administered by the United States Department of Commerce, Bureau of Industry and Security; (3) located, organized, or resident in any country or territory that is, or whose government is, subject to a general prohibition on imports, exports or financial transactions under the economic sanctions laws of the United States (as of the Effective Date, Cuba, Iran, North Korea, Sudan, Syria, and Crimea (including Sevastopol)); or (4) otherwise the subject of blocking of assets or other restrictions on transacting business with United States persons under any economic sanctions laws of the United States.
• To gain full access to the Services, you must go to our Site GrabTap or App and create an account ("Account"). You may create an Account by (i) signing in via a linked third-party website (e.g., Twitch.tv), and (ii) providing a valid email address, valid phone number, or any additional information we deem necessary to create an account. All information you provide to us shall be true and accurate. You agree not to create an Account for anyone else or use the account of another without their permission.
• You are solely responsible for the activity that occurs in your Account, and you are solely responsible for keeping your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and GrabTap, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may do so from the account page on the dashboard or send an email request to GrabTap at: [email protected]. We will deal with your request in accordance with applicable law.
• Certain features and functions of the Services may be available to you without creating an account. If you choose to use the Services without creating an account, you acknowledge and agree that your progress, rewards, and other key features of the Services may not be available and/or may be lost.

3. GRABTAP SERVICES

• Partners: We partner with video game publishers (each and collectively, "GrabTap Partner(s)") to provide you with opportunities to play certain game titles (each, and collectively, "GrabTap Game(s)").
  1. Although we offer download links to and promotion of GrabTap Games, we have no control over the operations, features, data collection, terms, privacy policies, or content offered through any GrabTap Game. You understand and agree that by (1) downloading, creating an account, playing or otherwise using the GrabTap Games, you are entering into a separate contractual relationship with the applicable GrabTap Partner; (2) the privacy practices and terms of use that govern your use of and access to the GrabTap Games are solely between you and the applicable GrabTap Partners; and (3) it is your responsibility to read and comply with all terms and policies set by the GrabTap Partners.
  2. Certain GrabTap Games in our App may be offered and controlled by third-party service providers
• Games: All GrabTap Games will be located on the GrabTap Site or App. We reserve the right to add, remove, or limit the GrabTap Games we offer at any time. We make no guarantee that you will have access to every GrabTap Game available through our Services.
  1. In providing the Services, we may link to, promote, or advertise GrabTap Games and/or GrabTap Partners, however, the foregoing shall not constitute our approval or endorsement of any content or material contained within the Games.
  2. If you encounter problems with the GrabTap Games, including game content, in-game advertisements, in-game purchases, or your communications and transactions within the game, you should contact the GrabTap Partner directly to resolve those concerns.
  3. We disclaim any and all liability arising from or related to your use and play of the GrabTap Games, including, without limitation, for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from or related thereto. These limitations shall apply even if we have been advised of the possibility of such damages.
  4. Community Leaders: By Users can elect to become a Community Leader (“Community Leader”) at any time. When a User becomes a Community Leader, they may build their Leader”) at any time. When a User becomes a Community Leader, they may build their community by sharing their unique URL/traceable links and/or QR Codes (each created by GrabTap) (each, a “Community”), which allows new Users to sign up for GrabTap and current Users to begin supporting their designated Community Leader (each a “Community Member”) via certain milestones and activities on Grabtap. Community Leaders earn Points Member”) via certain milestones and activities on Grabtap. Community Leaders earn Points by their Community Members participating in the GrabTap Games, earning Points, and completing Missions. All Users understand that Community Leaders are incentivized as an affiliate of GrabTap

4. POINTS PROGRAM

• You and members of your Community (if applicable) can earn redeemable points ("Points") for completing unique events including, but not limited to, achievements, in-game purchases, milestones, or goals (each and collectively, "Mission(s)") within GrabTap Games.
• We reserve the right to determine how many Points you are eligible to earn for any GrabTap Game and Mission, and to add, remove, or modify Missions or redeemable Points pertaining to such Missions at any time. The availability of certain Points and/or Missions may vary based on the user, GrabTap Game, region, device, and other factors, even for identical activities.
• Your Points can be earned and aggregated across multiple GrabTap Games, but each GrabTap Game will have a maximum number of Points you will be able to earn.
• We rely on the data Grabtap Partners provide to us in order to verify your progress and completion of the Missions. This means from time to time we may experience delays in data required to verify completion of Missions and game progress. If the GrabTap Partner stops providing the necessary data to us, we will not be able to credit you with the applicable Points for your Mission.
• Certain GrabTap Games may require you to be a new user. If you have previously installed or played a GrabTap Game that requires you to be a new user, you may not be eligible to earn any Points related to that specific GrabTap Game.
• There may be certain Community-level challenges, Missions, Points, and other incentives offered. We reserve the right to determine how many Points you and other Community Members and/or Community Leaders are eligible to earn. The associated Points and/or Missions applicable to Communities may be modified at any time.

5. FRAUDULENT ACTIVITY

• If you use our Services, participate in any GrabTap Games, or act as a Community Leader, we expect an honest effort. Activities that are fraudulent, misappropriating, or which are otherwise unfair, nefarious, or unjustly opportunistic will not be tolerated. In response, we may suspend, deactivate, terminate, and/or revoke access to your account if we believe you’ve engaged in such activities with no requirement to notify you. Similarly, we may require you relinquish or return any rewards, Points, or other consideration gained at any time as a result of such activities at our sole discretion. Any of the following actions could result in the foregoing: (i) downloads, sign-ups, game progress, Missions, Points, Rewards, etc. (“Qualifying Event(s)”) created, generated, or garnered in bad faith, through alternative incentives, by deceitful, fraudulent or misappropriated means, and/or using the same unique device ID; (ii) impersonating, duplicating, or falsifying users, including, without limitation, fake accounts, accounts generated by non-human users such as devices, programs, or robots, or created using stolen credit cards or false personal information; and (iii) abnormal game progress. Qualifying Events will be disqualified if (a) we learn or have reason to believe that there is any violation of these Terms by you, on your behalf, or by Community Members, (b) if a Qualifying Event occurs after the user has removed the designated Community Leader, and (c) a Qualifying Event occurs after you’ve removed yourself as a Community Leader
• Determinations of fraudulent activity shall be made at our sole discretion. Additionally, we reserve the right to delay or withhold payment for such activity.
• We, along with our GrabTap Partners, use industry standard systems and processes to identify fraudulent activity.

6. POINT REDEMPTION

• Points may be redeemed for gift cards or other rewards ("Reward(s)") via the Rewards page. We may use certain Third Parties to manage Rewards, verify your eligibility for certain Rewards, populate the Rewards page with Rewards available to you and to carry out the redemption process. We are not a party to any transaction that takes place with such Third Parties and thus we are not responsible for (i) the improper fulfillment of Rewards or any other obligations by the GrabTap Partner or any Third Parties, including gift card merchants, (ii) the activity of the GrabTap Partners or the merchants of gift cards, (iii) any lost, stolen or malfunctioning Rewards, except to the extent caused by gross negligence or willful misconduct by us.
• Community Leaders may accrue GrabTap Points for certain Qualifying Events by Community Members and/or the Community wholistically that occur (“GrabTap Commissions”). In order to earn GrabTap Commissions, a user must sign up for GrabTap using a Community Leader’s designated code and/or link, and choose the Community Leader to support when they play a GrabTap Game. As that user reaches certain Qualifying Events, the Community Leader will earn GrabTap Commissions. Community Leaders can view their accrued GrabTap Commissions in the App.
• Points earned via fraudulent or misappropriated actions (as further outlined in Section 5) shall be deemed invalid, and we retain the right to withhold or deny Point redemption, penalize or deactivate the associated account and all future accounts pertaining to such user, and take all other actions we deem necessary.
• Rewards may expire within a particular time period, and there may be limitations to their use or redemption. You should carefully read any terms and policies that may apply to the Rewards, as they are separate from these Terms.
• The representative value of Points will be applied against the pre-tax purchase amount (i.e. excluding taxes, fees, and shipping and handling charges) for each Reward. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
• Points and Rewards are non-transferable, non-sellable, non-exchangeable, and cannot be resold, exchanged, or returned in any way. Points are promotional only, and have no cash or other value.
• We may limit the amount of Points and Rewards for which you are eligible to comply with our legal and business obligations.
• We reserve the right to modify the minimum amount of Points necessary to redeem Rewards, the Points allocation and/or conversion, the GrabTap Commissions and/or affiliate earnings for Community Leaders, and other similar activities and/or redemption processes at any time.
• The maximum amount in the aggregate is $500 USD (or local currency equivalent) worth of gift cards in a calendar year.
• To the extent permissible by applicable laws, Points may expire if you do not access your GrabTap account or earn Rewards for 180 consecutive days.

7. SERVICES ACCESS

• We reserve the right, at any time and for any reason (including, without limitation, for violations of these Terms or any other agreement you may have with us, actions or behavior taking place using our tools and Services, or on other platforms where our tools and Services may be made available), at our sole discretion, to: (i) temporarily revoke your access to visit and use the Services; (ii) permanently revoke your access to visit and use the Services; and/or (iii) limit you access to visit and use the Services.
• You shall not: (i) copy, distribute or modify any part of the Services without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose c (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Services; (iv) use or launch any automated system (including without limitation, 'robots' and 'spiders') to access the Services; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services. We may use artificial intelligence and machine learning tools to analyze behavior, detect fraudulent or unusual activity, and we may take remedial action as we deem necessary.

8. RESTRICTIONS

You shall not: (a) copy, distribute or modify any part of the Services without our prior written authorization; (b) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (c) disrupt servers or networks connected to the Services; (d) use or launch any automated system (including without limitation, 'robots' and 'spiders') to access the Services; and/or (e) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.

9. INTELLECTUAL PROPERTY RIGHTS

• End User License. Subject to the terms and conditions of these Terms, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (i) download, install and use the Site, App and/or Plug-In (as applicable) on a computer, mobile telephone or any other device you are using to access the Services (the "Device"); and (ii) access and use the Services on that Device in accordance with these Terms.
• Content and Marks. The (i) content on the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of GrabTap and/or its parent, subsidiaries, affiliates, and/or licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "GrabTap", the GrabTap logo, and other marks are Marks of GrabTap, its parent, subsidiaries, affiliates, and/or licensors. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
• License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the GrabTap name, logo or trademarks without our prior written consent; and/or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

10. USER SUBMISSIONS

• Responsibility. The Services may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Services (including User Submissions) at any time and for any reason.
• Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize GrabTap to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Services and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
• License to User Submissions. By submitting the User Submissions to us, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Services and GrabTap's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Services or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
• Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
• Exposure. You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that GrabTap is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against GrabTap with respect to (i) and (ii) herein.

11. INFORMATION DESCRIPTION

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

12. LINKS

• The Services may contain links, and may enable you to post content, to third party websites that are not owned or controlled by GrabTap. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release GrabTap from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
• GrabTap permits you to link to the Site provided that: (i) you link to but do not replicate any page on the Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with GrabTap or present any false information about GrabTap and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (1) is offensive or controversial (both at our discretion), or (2) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (3) you, and your website, comply with these Terms and applicable law.

13. PRIVACY

We will use any personal information that we may collect or obtain in connection with the Services in accordance with our Privacy Policy and Cookie Policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

14. WARRANTY DISCLAIMERS

• This section applies whether or not the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
• THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GRABTAP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. GRABTAP DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT GRABTAP WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
• GRABTAP DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
• YOU SPECIFICALLY ACKNOWLEDGE THAT GRABTAP SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
• YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT GRABTAP IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. GRABTAP RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
• EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, GRABTAP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.

15. LIMITATION OF LIABILITY

• TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GRABTAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF GRABTAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
• IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRABTAP FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT PAID TO YOU, IF ANY, PAID BY YOU TO GRABTAP FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

16. INDEMNITY

You agree to defend, indemnify and hold harmless GrabTap and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (a) your use of, or inability to use, the Services; (b) your User Submissions; (c) your interaction with any Services user; or (d) your violation of these Terms.

17. UPDATES AND UPGRADES

We may from time to time provide updates or upgrades to the App or Plug-In (each a 'Revision'), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Site, App, or Plug-In. All references herein to the Site, App and Plug-In shall include Revisions thereto. This Agreement shall govern any Revisions that replace or supplement the original Site, App, or Plug-In, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

18. THIRD PARTY OPEN-SOURCE SOFTWARE

Portions of the Services may include third party or open-source software that is subject to third party terms and conditions ("Third Party Terms"). We are not responsible for any such software. If there is a conflict between any Third Party Terms and the terms of this Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.

19. TERM AND TERMINATION

These Terms are effective until terminated by GrabTap or you. GrabTap, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). GrabTap shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services.

20. INDEPENDENT CONTRACTORS

You and GrabTap are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and GrabTap. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of GrabTap.

21. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by GrabTap without restriction or notification to you. Any prohibited assignment shall be null and void.

22. GOVERNING LAW

GrabTap reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and GrabTap shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. Subject to the foregoing, you agree to submit to the personal and exclusive jurisdiction of the courts located in New-York, USA and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that (i) GrabTap may seek injunctive relief in any court of competent jurisdiction and (ii) in the event of any dispute relating to Tips processed by StreamElements GmbH, such dispute shall be heard in the courts of Germany.

23. TWITCH

GrabTap uses the Twitch API. By using GrabTap, you are agreeing to be bound by the Twitch Terms of Service.

24. GENERAL

These Terms shall constitute the entire agreement between you and GrabTap concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.