TermsMYTAB TERMS OF SERVICE
Last Updated: March 21 2011
myTab, Inc. (“myTab” or “we”) provides travel planning and booking services in connection with which users can purchase myTab Cash (defined below) to use towards their own travel plans or to help their friends and family save towards travel. Our services are made available via our website located at www.mytab.co (“Site”), our software applications (including any updates, new versions or new releases thereof) for use on mobile devices (collectively, the “Application”), and any other services offered by myTab via the Site and Application (any and all of the foregoing, the “Services”).
As used herein, “Member” means an individual that has registered with myTab and has set up a myTab Account as further described below; “myTab Cash” are credits that Members can accrue via purchase or the receipt of gifts which may only be applied towards future purchases of travel-related products and services offered by Third Party Merchants via the Site and Services; “Reservation” means one of several types of travel-related products or services offered by a Third Party Merchant, including, but not limited to, hotel stays, flights and car rentals; and “Third Party Merchant” means a third-party travel-related product or service supplier, including, without limitation, travel goods aggregators, airlines, hotels, car rental companies and any other seller and/or provider of travel-related products.
AS FURTHER DESCRIBED IN THESE TERMS OF SERVICE PLEASE NOTE:
• You must be a U.S. resident to receive and accrue myTab Cash.
• myTab Cash is only redeemable towards the travel-related products and services offered via the Site and Services.
• Flights booked via the Site and Services are non-changeable, non-refundable and non-transferable. Other restrictions may apply to your Reservations.
Certain areas of the Site (and your access to, or use of, certain Services or Content) may have different terms and conditions posted, or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of, or access to, that area of the Site, Services or Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” BUTTON, ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. Acknowledgment of Limitations of Beta Release/Test Version
You acknowledge that: (a) the Site and Services are not an official product and have not been thoroughly tested; (b) the Site and Services may not operate properly, be in final form or fully functional; (c) the Site and Services may contain errors, design flaws or other problems; (d) it may not be possible to make the Site and Services fully functional; (e) use of the Site and Services may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; and (f) myTab has no obligation to release a fully functional commercial version of the Site and Services. Without limiting the terms of Section 16 below, you assume all risk arising from use of the Site and Services.
myTab reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services.
3. Eligibility and myTab Account Registration
• The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
• In order to access certain features of the Site and Services, you must register to create an account (“myTab Account”) and become a “Member.” myTab Cash can only be received and accrued by Members that (i) are U.S. residents; and (ii) have a valid U.S. billing address. Otherwise, as a Member that is not a U.S. resident you can purchase myTab Cash and gift myTab Cash to another Member, but you are not currently eligible to use the accrual (e.g., “saving”) functionality of the Services.
• The Member that is the holder of a myTab Account is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address, which e-mail address has been provided to myTab upon registration by the user with myTab.
• You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your myTab Account, whether or not you have authorized such activities or actions. You will immediately notify myTab of any unauthorized use of your myTab Account.
4. myTab Cash
(a) Payment. You agree to pay myTab for the purchase of myTab Cash initiated by you (or your agents) via the Site or Services and you hereby authorize myTab (and our designated payment processor) to charge the full amount to your chosen payment method. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. The purchase of myTab Cash is non-refundable. All myTab Cash is valued in USD currency. Previously purchased myTab Cash cannot be used to purchase additional myTab Cash.
(b) Accrual of myTab Cash.
• Subject to Section 3(a), you may accrue myTab Cash either as a result of your own purchase of the credits or as a result of your receipt of myTab Cash from another Member. (See Section 4(c) for further information regarding gifting).
• myTab Cash does not have an expiration date. Your myTab Cash balance will be displayed on your myTab Account profile page. myTab Cash can be accrued solely by you, and you may not earn myTab Cash by permitting another individual to use your myTab Account. myTab Cash accrued in multiple myTab Accounts may not be combined into one myTab Account.
• Except as explicitly provided herein, myTab Cash is non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, or applied to any other myTab Account.
• Members are responsible for keeping track of the myTab Cash in their myTab Accounts. If for some reason there is a discrepancy concerning your balance of myTab Cash, please contact us at email@example.com. myTab may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at myTab’s sole discretion. Notwithstanding, myTab is not responsible if your myTab Account or your myTab Cash are used without your permission.
• You are responsible for any tax consequences, if any, that may result from your accrual or use of myTab Cash.
(c) Gifting myTab Cash.
• Upon purchasing myTab Cash, you will have the option to give myTab Cash to another Member via the Services (a.k.a. “gifting”). You are solely responsible for ensuring the accuracy of all information provided regarding the intended recipient Member, and myTab is not responsible for myTab Cash that is undeliverable or not received. See our FAQs for further information with respect to gifting.
• Gifts of myTab Cash will usually be reflected in the recipient Member’s myTab Account shortly after completion of the purchase transaction.
• myTab Cash may only be redeemed towards the purchase of travel-related products and services offered by Third Party Merchants (including, without limitation, Reservations) via the Site and Service, and you may only redeem myTab Cash after the credits are reflected in your myTab Account as set forth herein. The scope, variety, and type of products and services for which you may redeem myTab Cash via the Site and Services can change at any time.
• Once you submit your order via the Site or Services for a product or service offered by a Third Party Merchant (including any change or cancellation fees that may apply to certain Reservations as described in Section 6), the corresponding amount of myTab Cash (“Total Fee”) will be deducted from your myTab Account and you authorize myTab to deduct such amount from your myTab Account balance. For Reservations, the Total Fee may include the rate displayed on the Site, plus any tax or tax reimbursement charges, as applicable.
• Except as set forth herein, all orders placed using myTab Cash are non-refundable unless otherwise stated in the Merchant Terms (defined below) or required by law. If the Total Fee is greater than your myTab Cash balance at the time you wish to engage in the transaction, you will not be able to complete your transaction and will need to purchase additional myTab Cash to make up the difference.
5. Third Party Merchants
(a) Your Agreement with Third Party Merchants. All products and goods offered by Third Party Merchants via the Site and Services, including Reservations, are subject to these Terms of Service and the separate terms and conditions imposed by the participating Third Party Merchant (“Merchant Terms”) with whom you elect to deal. Please read the Merchant Terms carefully. You agree to abide by such Merchant Terms, including, but not limited to, terms and conditions regarding availability, minimum age, maximum occupancy, pet policies, child policies, and use of fares, products, or services. You will be completely responsible for all charges, fees, duties and taxes arising out of your use of any Third Party Merchant’s products and services.
(b) Disclaimer. Without limiting any other terms of these Terms of Service, (i) myTab is not responsible for any Third Party Merchant’s breach of warranty, or for any Third Party Merchant’s failure to comply with these Terms of Service, their agreements with you, or applicable law with respect to their fulfillment of Reservations or otherwise; and (ii) your interaction with any Third Party Merchant is at your own risk, and myTab will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Third Party Merchants or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with Third Party Merchants, and you agree that your sole recourse will be with such Third Party Merchant with respect to such liability, if any.
6. Additional Terms and Conditions for Reservations
(a) General. You acknowledge and agree that through your use of the Site and Services, myTab facilitates the booking of Reservations on your behalf and you authorize myTab to do so. You agree that any violation of the Merchant Terms applicable to your Reservation may result in: (i) cancellation of your Reservation without refund of the Total Fee, in whole or in part; and (ii) denial of access to, or removal from, the Third Party Merchant’s property.
(b) Changes and Cancellations. As stated above, the Merchant Terms will apply to your Reservations and such terms will be made available to you at the time you book your Reservation. Further, you agree to the following:
• Flights. All flight Reservations are final, non-changeable, non-refundable and non-transferable. You will not receive any credits of myTab Cash or any other form of refund for unused flight Reservations.
• Hotel Rooms. Some hotels do not permit changes to or cancellations of Reservations after they are made and unless otherwise stated in the Merchant Terms, your Reservation may be non-changeable, non-cancellable and non-transferable. Please see the Merchant Terms for your Reservation for details. Your hotel Reservation may also be subject to change and cancellation fees that the Third Party Merchant imposes, as indicated in the Merchant Terms. Change and cancellation requirements and penalties vary by Merchant. For example, hotels, vacation properties, condominiums, bed and breakfast and other suppliers may impose their own change and/or cancellation fees. You agree to pay any Third Party Merchant required change and/or cancellation fees that you incur and myTab will collect such fees in the form of MyTab Cash on behalf of such Third Party Merchant. In the event that the Merchant Terms applicable to your room Reservation, permit changes and cancellations, you may email firstname.lastname@example.org or call us on 1-800-528-4605 with your requests for assistance in modifying your Reservation and we will attempt to accommodate your request. You authorize myTab to facilitate any changes to or cancellations of your Reservation on your behalf. Our ability to address your request is dependent on the information and systems of the applicable Third Party Merchant and the Merchant Terms, and for these reasons we cannot guarantee your request will be satisfied in the timeframe or manner you wish.
(c) Travelscape, LLC. For EU Net Rate Rooms accommodation services supplied by Travelscape, LLC and you acknowledge and agree Travelscape, LLC is the supplier for EU Net Rate Rooms. As used herein “EU Net Rate Rooms” means rooms located in European Union member states for which the rental rate is contracted in advance by a corporate affiliate of IAN.com, LP on a net rate basis.
7. Inactive Accounts; Termination and myTab Account Cancellation
(a) Inactive Accounts. As used herein an “Inactive Account” is a limited form of myTab Account where the myTab Cash balance may still be redeemed by the Member account holder, but the account is restricted and can no longer be used for any other aspect of the Services as of the effective date of such designation. For example, once a myTab Account is designated as an Inactive Account, the Member may no longer purchase or accrue myTab Cash.
(b) By Us. If you breach any of these Terms of Service or if we suspect fraudulent, abusive, or unlawful activity with regard to your use or accrual of myTab Cash, myTab will have the right to designate your myTab Account as an Inactive Account, suspend, or disable your access to your myTab Account, or terminate these Terms of Service, at its sole discretion, and without prior notice to you subject to applicable law. myTab reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event myTab terminates these Terms of Service for your breach, disables or suspends your myTab Account, or designates your myTab Account as an Inactive Account, you will remain liable for all amounts due hereunder.
(c) By You. You may designate your myTab Account as an Inactive Account or terminate your myTab Account at any time by sending an email to email@example.com. In either event, we will honor your request in a commercially reasonable amount of time from the date of receipt of your request. If you choose to terminate your myTab Account, your myTab Cash balance will be forfeited and will no longer be available for use. myTab will not be responsible for designation of your myTab Account as an Inactive Account or your termination of your myTab Account, and will have no liability to you or any third party as a result thereof.
(d) Survival. Any designation, suspension, termination or cancellation will not affect your obligations to myTab under the Terms of Service (including, without limitation, terms and conditions applicable to proprietary rights and ownership, indemnification and limitation of liability), which by their nature are intended to survive such suspension, termination or cancellation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of myTab and that you hereby irrevocably assign to myTab, and agree to irrevocably assign to myTab all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At myTab’s request and expense, you will execute documents and take such further acts as myTab may reasonably requests to assist myTab in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.
The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, myTab and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights’ notices incorporated in or accompanying the Site, Services or Content.
10. Content License
Subject to your compliance with the terms and conditions of these Terms of Service, myTab grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any Content solely for your personal use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by myTab or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
11. Member Content
Members may post, upload, publish, submit or transmit text, graphics, images, audio, video, information or other materials to be made available through the Site and Services (“Member Content”). By making available any Member Content through the Site and Services, you hereby grant to myTab a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and Services. myTab does not claim any ownership rights in any such Member Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services, or you have all rights, licenses, consents and releases that are necessary to grant to myTab the rights in such Member Content, as contemplated under these Terms of Service; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or myTab’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12. General Prohibitions
In connection with your use of the Site or Services, you agree not to do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, myTab’s name, any myTab trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without myTab’s express written consent;
• Access, tamper with, or use non-public areas of the Site, myTab’s computer systems, or the technical delivery systems of myTab’s providers;
• Attempt to probe, scan, or test the vulnerability of any myTab system or network, or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by myTab or any of myTab’s providers, or any other third party (including another user) to protect the Site, Services or Content;
• Attempt to access or search the Site, Services or Content, or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by myTab or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing any myTab trademark, logo URL or product name without myTab’s express written consent;
• Use the Site, Services or Content for any commercial purpose, or the benefit of any third party, or in any manner not permitted by these Terms of Service;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity; or submit false or fraudulent requests for services, including Reservations, via the Site or Services;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
myTab will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. myTab may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that myTab has no obligation to monitor your access to, or use of, the Site, Services or Content, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. myTab reserves the right, at any time, and without prior notice, to remove or disable access to any Content, including, any Member Content, that myTab, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services. Further, myTab reserves the right to cancel, or to assist any Third Party Merchant with the cancellation of, any Reservation, as applicable, in the event that myTab reasonably believes such Reservation to have been made fraudulently or in violation of these Terms of Service.
13. Application License.
(a) License Grant. Subject to your compliance with the terms and conditions of these Terms of Service, myTab grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Application onto a single mobile device that you own and control, and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. myTab reserves all rights in the Application not expressly granted to you in these Terms of Service.
(b) Restrictions. Except as expressly specified in these Terms of Service, you may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application; (iv) make the functionality of the Application available to multiple users through any means; or (v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service.
(c) Updates and Upgrades; No Obligation. myTab is not obligated to maintain or support the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that myTab may from time to time in its sole discretion, issue updates or upgrades to the Application, and may automatically update or upgrade the version of the Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.
(d) Term and Termination. The license to the Application granted under these Terms of Service remains in effect for a period of 75 years, unless earlier terminated by you or myTab in accordance with this provision. You may terminate the license at any time by destroying all copies of the Application in your possession or control. Without limiting any other terms of these Terms of Service, the license will automatically terminate without notice from myTab if you breach any terms of these Terms of Service. Upon any termination of these Terms of Service you must cease all use of the Application and promptly delete and destroy all copies, full or partial, of the Application.
(e) Proprietary Rights. The copy of the Application is licensed, not sold, to you. You agree that myTab and its licensors own all right, title and interest in and to the Application, including all intellectual property rights therein, and that myTab retains ownership of all copies of the Application even after installation on your mobile device. The Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you.
(f) U.S. Government End Users. The Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Application and related documentation are being acquired by, or on behalf of, the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Application and related documentation will be only those specified in these Terms of Service.
(g) Export Control. You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable Laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
(h) Application from Apple App Store. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
• You acknowledge and agree that: (i) these Terms of Service are concluded between you and myTab only, and not Apple, and (ii) myTab, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be myTab’s sole responsibility.
• You and myTab acknowledge that, as between myTab and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application, or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and myTab acknowledge that, in the event of any third-party claim that the App Store Sourced Application. or your possession and use of that App Store Sourced Application, infringes that third party’s intellectual property rights, as between myTab and Apple, myTab, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
• You and myTab acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
• Without limiting any other terms of these Terms of Service, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
• If you have any questions, complaints or claims with respect to any App Store Sourced Application, you may contact myTab by emailing email@example.com or calling our Customer Services Phone Number available on our FAQs page.
14. Sweepstakes and Contests
myTab may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and the Services, as they may contain additional important information about myTab’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
The Site may contain links to third-party websites or resources. You acknowledge and agree that myTab is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by myTab of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYTAB EXPLICITLY DISCLAIMS ANY WARRANTIES OF THIRD PARTY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYTAB MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT OR YOUR BOOKING OF RESERVATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYTAB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH OR THROUGH YOUR USE OF THE SITE AND SERVICES, YOUR USE OF MYTAB CASH, OR RESERVATIONS, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES. MYTAB DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYTAB OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTY MERCHANTS AND ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT MYTAB DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES OR THE THIRD PARTY MERCHANTS, NOR DOES MYTAB MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR THE THIRD PARTY MERCHANTS. MYTAB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THE THIRD PARTY MERCHANTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Indemnity & Release
You agree to release, defend, indemnify, and hold myTab, its affiliates, partners, licensors and Third Party Merchants and their respective officers, directors, employees and/or agents (collectively, the “Covered Entities”), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with (a) your access to, or use of, the Site, Services or Content, your use of myTab Cash, or your violation of these Terms of Service; and (b) your booking and/or use of a Reservation, including, without limitation, (i) any condition caused by events beyond myTab’s control that may cause the Reservation to be void or unusable, including any action or omission of a Third Party Merchant; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Reservation.
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE SITE, SERVICES AND CONTENT, AND YOUR USE OF MYTAB CASH AND ANY RESERVATION, IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL MYTAB OR THE COVERED ENTITIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL, BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, CONTENT OR ANY RESERVATION WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYTAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MYTAB’S AGGREGATE LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED (A) THE AMOUNTS YOU HAVE PAID TO MYTAB DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO MYTAB, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO MYTAB. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYTAB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
19. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of myTab used herein are trademarks or registered trademarks of myTab. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
20. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
21. Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between myTab and you regarding the Site, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between myTab and you regarding the Site, Services and Content.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without myTab’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. myTab may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
23. Notices; Consent to Electronic Notice
You consent to use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service (including notices regarding the security of your data); and (b) any electronic records to store information related to these Terms of Service and your use of the Site and Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by myTab via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of myTab to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of myTab. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
25. Contacting myTab
If you have any questions about these Terms of Service, please contact myTab at firstname.lastname@example.org. Mailing address: myTab, Inc., 580 8th Avenue, San Francisco, California 94118.