PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MIGHT NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: July 23, 2021
Last updated: July 23, 2021
Welcome to shopTabbboo.com (the “Website”), which is operated by Tabboo LLC. Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services and the smartphone and tablet applications available via the Apple, Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at customerservice@box2514.temp.domains.
Tabboo LLC (“Tabboo,” “we” and “us”) is a limited liability company, registered in Massachusetts. Our registered office is at 16 Donovan St., Pittsfield, MA 24592.
These Terms of Service (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Services.
You represent and warrant that you are over the age of 18. Tabboo does not permit those under 18 to use the Services.
Your access to and use of the Services is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use an Application or the Services and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using the Services.
These Terms or the Services Might Change
We are constantly trying to improve our Services, so these Terms might need to change along with the Services over time. We might suspend or discontinue any part of the Services, or we might introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.
We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through your account page or through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
We might, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Tabboo is committed to making corrections or clarifications to our original content when deemed necessary. We take prompt action to edit even minor errors like spelling, grammar, or stylistic changes. Because style changes do not change the meaning of the content, those kinds of "style" changes will be updated on our site without notice.
Research changes quickly and overall assessments evolve with new data and publications. Our readers can view the latest updates and changes in detail at the top of every page, underneath the title.
However, if we need to make a significant correction or clarification that is material to either our original content, we will note this at the bottom of the corresponding page for sixty (60) days after the correction. This corrections policy only applies to Tabboo original content; any corrections to licensed or third party content are the responsibility of the publisher.
If you believe you have found an error in our content, let us know by sending an email to: customerservice@box2514.temp.domains.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Disclaimers and Agreement
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
The Company reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
By using the Services, you affirm and agree that you understand that you should not rely on this information as a substitute for – and that it does not replace – professional medical advice, diagnosis, or treatment. If you have any concerns about your health or the content of this site, you should always consult with a physician or other healthcare professional. You agree not to disregard, avoid, or delay obtaining appropriate medical care from a healthcare professional based solely on the content on the site. You agree that the use of any information provided on the site is solely at your own risk. We disclaim all responsibility, and you explicitly agree that Tabboo LLC shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any instruction, information or guidance we provide you with.
Nothing stated or posted on the Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling, or providing health care treatment, instructions, diagnosis, prognosis, or advice. Your agree that your access or use of the Services does not create in any way a physician/patient, confidential, or privileged relationship.
Developments in medical research might impact the health topics discussed on the Services. Although we make every effort, we cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness, or completeness of any information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information on this site. We also reserve the right to change or make corrections to any of the information (including pricing) at any time.
We do not expressly recommend or endorse any organizations, physicians, medications, procedures, tests, opinions, or products that might appear on the Services, and are only included as possible options to discuss with a healthcare professional. If you rely on any of the information provided by this Site, our employees, or guests or visitors to the Site, you agree to do so solely at your own risk.
If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911.
This educational content on shopTabbboo.com is for informational purposes only and is not medical or diagnostic advice. Use of this site is subject to these Terms of Service and our Privacy Policy.
The Services might offer health information, fitness information, and/or nutritional information without limitation, advice and recommendations that are provided solely as general education and informational purposes. The Services might offer personal care products.
You expressly agree that the use of the advice, Information, and products included in the Services is at your sole choice and risk. You should not rely on this information or the products as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If you choose to use any such information or the products without prior consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold Tabboo harmless.
The Services might contain views and opinions, which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including Tabboo.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. Tabboo is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.
The information on the Services is provided with the understanding that Tabboo is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional medical, accounting, tax, legal or other competent advisers.
In no event shall Tabboo or its affiliated companies be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. Tabboo makes no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. To the maximum extent permitted under applicable law, Tabboo, on its own behalf and on behalf of any affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that might arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Tabboo provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Tabboo nor any of Tabboo's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Services, servers, content, or e-mails sent from or on behalf of Tabboo are free of viruses, scripts, Trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations might not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Privacy Statement
Tabboo takes the privacy of its users very seriously, which is more fully set forth in its Privacy Policy.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13 (or 16 where applicable), please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 (or 16 where applicable), we will delete that information as quickly as possible. If you believe that a child under 13 (or 16 where applicable) might have provided us personal information, please contact us at customerservice@box2514.temp.domains.
The Basics of Using shopTabbboo.com
You can sign up for an account, and select a password and user name (the “User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You might not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You might not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You further represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us is accurate and complete; (c) you will not use share your user name or password with any other third party; and (d) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You agree that you must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Tabboo);
violates any law or regulation, including any applicable export control laws;
is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account with Tabboo or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
bypasses the measures we might use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
monetizes the Content through advertising, subscriptions or other means.
A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.
You agree to fully reimburse Tabboo for all fees, fines, losses, claims, and any other costs we might incur that arise from your violation of the restrictions of these Terms of Service.
Your Rights as to shopTabbboo.com
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Tabboo’s) rights.
You acknowledge that Tabboo and its licensors own the content of the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of or otherwise exploit any of the Services.
The Services might allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
You are granted a nonexclusive and nontransferable license to electronically access and use the Services only in the manner described in these Terms of Service. Tabboo does not sell to you, and you do not have the right to sublicense any license granted to you by Tabboo. We might make updates to the Website or new Services available to you automatically as electronically published by Tabboo. Tabboo might revoke or terminate this license at any time if you use Tabboo content in a manner prohibited by this Agreement.
You might not: (i) claim or register ownership of Tabboo’s rights on your behalf or on behalf of others; (ii) sublicense any rights in Tabboo content granted by us; (iii) import or export any Tabboo content to a person or country in violation of any country’s export control laws; (iv) use Tabboo content in a manner that violates these Terms of Service or any laws; or (v) attempt to do any of the foregoing.
All Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.
By using the Website and making submissions, you agree to grant Tabboo a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license for any and all submissions.
I hereby grant permission to Tabboo for the use of my submitted experience and associated media on all social media and website platforms.
I hereby grant permission to Tabboo for the unrestricted use of my submitted images, videos, or other media.
If you have an idea on how to improve our Services, Email us at: info@box2514.temp.domains.
If you submit an Idea to us, you agree that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Tabboo has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use any such ideas without any attribution or compensation to you.
For all User Submissions, you hereby grant Tabboo a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Tabboo account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Tabboo the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
Finally, you acknowledge and agree that Tabboo, in performing the required technical steps to provide the Services to our users (including you), might need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You might have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Tabboo, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, contact us at customerservice@box2514.temp.domains. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you might interpret and use the any such content or what actions you might take as a result of having been exposed to any such content, and you hereby release us from all liability for you having acquired or not acquired any Services content. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained on the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services might contain links or connections to third party websites or services that are not owned or controlled by Tabboo. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Tabboo is not responsible for such risks. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Tabboo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Tabboo will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Tabboo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Tabboo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Tabboo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Security and Fraud Controls
No security system is impenetrable and we cannot guarantee that unauthorized parties will never be able to defeat our security measures or misuse any data in our possession. You provide user data and personal data to our vendor Stripe with the understanding that any security measures we or they (Stripe) provide might not be appropriate or adequate to safe guard your user data and personal data or otherwise submitted/provided data. In our sole discretion, we might take any action, including suspension of your account, to maintain the integrity and security of the services or data, or to prevent harm to you, our customers, vendors, third-party services, others, or us. You waive any right to make a claim against us for losses you incur that might result from such actions.
While we might provide or suggest security controls, we cannot guarantee that you or others that interact with this site will never become victims of fraud. Any security controls we provide or suggest might include processes or payment services by Stripe, its affiliates, or other companies. You are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your username or password, changes to your payment method, and any other unauthorized use or modification of your account. Tabboo is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your account, unless such losses result from Tabboo’s willful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
Orders for Products and Services. We make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Tabboo. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Billing. We might use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and might be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we might suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.
Reaffirmation of Authorization. Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We might submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges might be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms might be amended thereafter).
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) of if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we might continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.
Promotional Discounts and Free Trials. Tabboo might offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Unless otherwise noted, the promotional Subscription Fee pricing is available for the first year, after which regular Subscription Fee pricing will apply. Any free trial or other promotion that provides access to Subscription must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at customerservice@box2514.temp.domains.
What if I want to stop using Tabboo?
You’re free to do that at any time, by contacting us at customerservice@box2514.temp.domains; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Tabboo is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:
you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
Tabboo has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we might take such action as we deem appropriate. Such a breach by you might result in our taking, with or without notice, all or any of the following actions:
issue a warning to you;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we might take any other action we deem appropriate.
Account termination might also result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):
all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.
Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use Tabboo App available via the Apple App Store or Google Play – should I know anything about that?
These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:
Apple
If the Application that you download, access and/or use is downloaded from the Apple App Store:
Both you and Tabboo acknowledge that the Terms are concluded between you and Tabboo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you might notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Tabboo, and not Apple, is responsible for addressing any claims you or any third party might have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Tabboo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Tabboo acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which might affect or be affected by such use; and
Both you and Tabboo acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Term and Termination
This Agreement is effective upon the date you first access or use the Services (as a paid customer/subscriber and/or unpaid guest visitor) and continues until terminated by you or Tabboo. You might terminate your agreement with these Terms of Service by closing your Tabboo Account at any time and ceasing to use the Services. If you use the Services again (as a paid customer/subscriber and/or unpaid guest visitor) or register another person/persons or legal entities(’) Paid customer/subscriber and/or unpaid guest visitor Account, you are consenting to these Terms of Service. We might terminate or close your Tabboo Account at any time for any reason (including, without limitation, for any activity that might create harm or loss) by providing you notice. We might suspend your Tabboo Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or any other risks associated with your Tabboo Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any law, payment method provider or payment method acquirer requires us to do so; or (iv) we are otherwise have a basis to do so.
We might terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you might simply discontinue using the services.
Termination does not immediately relieve you of obligations incurred by you under these Terms of Service. In addition, upon termination you understand and agree that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any fees or fines, or other financial obligation incurred by you or through our vendors or other third party-services.
If the Application that you download, access and/or use is downloaded from Google Play:
You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You might also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The “User” means you and might also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.
What else do I need to know?
Warranty Disclaimer. Neither Tabboo nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses and/or other code that might have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY TABBOO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM USE OF THE SERVICES. NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.
Limitation of Liability. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF TABBOO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICES OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TABBOO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TABBOO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MIGHT NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Tabboo, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Your Use of Services. You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services. As applicable, this might include compliance with domestic and international laws. You might not use the Services to facilitate any illegal transactions or to permit others to use the Services for personal, family or household purposes. In addition, you might not allow, and might not allow others to: (i) access or attempt to access non-public Tabboo systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, documentation, or the Website except as expressly permitted by applicable laws; (iii) act as service bureau or pass-through agent for the Services to or for your business or personal needs; (iv) transfer any rights granted to you under these Terms of Service; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Services.
5. Force Majeure. You agree that Tabboo will not be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which Tabboo has no reasonable control.
Suspicion of Unauthorized or Illegal Use. We might refuse, condition, or suspend any accounts that we believe: (i) might violate these Terms of Service or other agreements you might have with Tabboo; (ii) are unauthorized, fraudulent or illegal; or (iii) expose Tabboo, or others to risks unacceptable to Tabboo. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we might share any information related to such activity with our vendors, the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information might include information about you, and your Tabboo account.
Assignment. You might not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Tabboo’s prior written consent. We might transfer, assign, or delegate these Terms and our rights and obligations without consent.
Severability. If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation. These Terms of Service might have been translated if we have made them available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.
Responding to Legal Process. Tabboo might respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. Tabboo is not responsible for any losses, whether direct or indirect, that you might incur as a result of our response or compliance with a Legal Process.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Washington, DC, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator might be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Delaware. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TABBOO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
If you are a consumer outside of the United States, you might benefit from any mandatory provisions of the law of the country in which you reside.
By use of the Services, you represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Tabboo might, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Tabboo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Tabboo, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Tabboo, and you do not have any authority of any kind to bind Tabboo in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and Tabboo agree there are no third party beneficiaries intended under these Terms.
Contact Us. We will provide you with support to resolve general issues relating to your Tabboo Account and your use of the Services. This support includes resources and documentation that we make available to you through the Website. If you have any questions about these Terms and Conditions or the Services, You can contact us via email at customerservice@box2514.temp.domains.
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