HOOCH, INC. dba TAP NETWORK TERMS OF USE

 

Updated: February 20, 2020

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY HOOCH INC. D.B.A. TAP NETWORK (“TAP”) TO BRAVE SOFTWARE (“BRAVE”) USERS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE REWARDS MARKET FOR BRAVE AND GIFT CARD MARKET FOR BRAVE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES OR APPLICATIONS OFFERED FROM TIME TO TIME BY TAP AND BRAVE IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

HOOCH INC. D.B.A. TAP NETWORK (the “Company” or “Companies”, “we,” “our,” “us”), the exclusive operator of Rewards Market For Brave and Gift Card Market For Brave (together, the “TAP Platforms”) and its various digital products and extensions including but not limited to tapbravestage.wpengine.com, TAPnetwork.io, and partners’ sites Brave.com, Uphold.com (together “the Site” or “the Sites”) providing service as defined below (“Service” or “Services”) to you (“you” or “your”) subject to these Terms of Use (“Agreement”).

  1. Acceptance of Terms

1.1 This Agreement constitutes a binding legal contract that governs the purchase and ongoing use and access of the Service. You must complete the registration form and accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by either: (a) clicking to accept or agree where such option is made available to you; or (b) actually using or accessing the Service. In addition, you will need to have a valid account and registration as required by Uphold and Brave to login into the Service.

1.2 By accepting this Agreement, or by accessing or using the Service or the Site, you represent and warrant the following:

(a) You are at least 18 years old and have the legal capacity to be bound by this Agreement;

(b) All registration information you submit is truthful and accurate; and

(c) In addition to this agreement, you have read and agreed to the privacy policies and terms of use/service for both BRAVE and Uphold HQ Inc. (“UPHOLD”) respectively at https://brave.com/terms-of-use/, https://brave.com/privacy/, and https://uphold.com/en/legal

(d) If you are accepting this Agreement on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to the entity.

1.3 Access and use of the Service is subject to the Company’s Privacy Policy available at https://tapbravestage.wpengine.com/privacy-policy and such policy is incorporated herein by this reference.

1.4 We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at https://tapbravestage.wpengine.com/terms-of-service with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any Incentives offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.

  1. The Service

2.1 Our service consists of access to the Site contained therein in which we make certain rewards and gift card redemptions available to you on the platform. Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, non-sublicensable, limited right, during the Term to access and use the Service.

  1. Use of the Service

3.1 Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:

(a) Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;

(b) Use the Service in violation of any federal, state, local, or international laws or regulations;

(c) Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent;

(d) Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Site, Service, and/or our computer systems;

(e) Attempt to gain unauthorized access to the Service or to another User’s account or any related systems or networks;

(f) Take screenshots or videos of the Site and/or Service in order to share the information with any person or a company seeking to violate or circumvent applicable trademark, patent, or copyrights, or reverse engineer software or product similar to the Service;

3.2 Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use.

  1. Changes and Updates to the Service

4.1 You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, including any and all gift card exchanges, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. The Company does not guarantee the availability of the Service and/or any of the incentives or rewards contained therein, and they are all subject to change at any time without notice.

  1. Confidential BETA Test

5.1 From time to time, we may conduct a limited confidential beta test to allow selected users to test new features, capabilities, and performance of the Services (the “Beta Test”).

5.2 Beta Test Obligations. If selected, you hereby agree to test, evaluate, and analyze the Services and provide feedback, suggestions, and comments about the Website, the Application, and the Services as reasonably requested by us (“Feedback”). You may also voluntarily provide Feedback to us. You agree that Feedback is deemed User Content (as defined below).

5.3 Confidentiality Obligations. YOU MAY NOT DISCLOSE THE EXISTENCE OF, OR YOUR PARTICIPATION IN, THE BETA TEST, AND YOU MAY NOT PUBLISH, DISCLOSE, DISTRIBUTE, TRANSMIT, POST, OR OTHERWISE MAKE AVAILABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY, ANY CONFIDENTIAL INFORMATION (AS DEFINED BELOW), EXCEPT AS REQUIRED BY APPLICABLE LAW OR OTHERWISE EXPRESSLY PERMITTED BY US IN WRITING. You will use Confidential Information solely for the purpose of testing the Services as contemplated by, and pursuant to, these Terms and for no other purpose whatsoever. For purposes of these Terms, “Confidential Information” means any and all information relating to, contained in, or relayed through the Website or the Application or otherwise provided by us in connection with the Beta Test, including, but not limited to, information relating to the performance, capabilities, and contents of the Website, the Application, or the Services and Feedback provided by you or other Beta Test participants.

  1. User Account(s)

6.1 Account Registration. To obtain access to the Service as a User, you are required to complete an application with UPHOLD and providing certain information and create an UPHOLD login. When registering as a User you must meet the conditions set forth in Section 1.2 above, in addition to any UPHOLD terms and conditions. You agree that certain UPHOLD registration information is necessary for authentication and providing customer support to the TAP Platforms, including your email and name, which may be transmitted by UPHOLD to TAP. In order to reduce fraudulent activities, certain advanced features on the TAP Platform may require verification of additional information, such as age, zip, and/or phone number. Your understand that your UPHOLD user account (“Account”) login is personal to you and may not be shared or used by anyone else.

  1. Gift Card Redemption Terms

7.1 Redemption Fees. While TAP does not charge fees, we reserve the right to charge fees in the future. UPHOLD does charge a small fees for each redemption transaction. If so, fees will be displayed within your transaction before final redemption. You will be notified before being charged any fees for the Services electronically, by posting such fees on the exchange Site, as applicable, or by any other method permitted by applicable law.

  1. Digital Tokens

8.1       Terms, Representations, and Requirements. You may only access and use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. You may not use TAP Platforms to make purchases, to transfer funds to third parties, or for any other purpose, except as expressly permitted by us. You acknowledge and agree that:

 

(i)      Any digital tokens held or earned by you in your UPHOLD account are NOT issued by TAP and are not underwritten, funded, sponsored, or otherwise provided by TAP, including, but not limited to our gift card merchant and brands, rewards partners, or other clients or business partners not listed in these Terms. TAP is NOT responsible and do NOT have access to maintain your digital token balance; and

 

(ii)     Any digital tokens redeemed by you into the TAP Platform for rewards or gift cards are treated as redemption of rewards loyalty points, and have no cash or other monetary value and do not act as a substitute for real currency;

 

(iii)    Digital tokens are not redeemable or exchangeable for real currency or other monetary value from TAP or TAP Platforms, except as expressly provided in these Terms or otherwise required by applicable law.

 

You further acknowledge and agree that:

 

  1. the Company, in its sole discretion, may impose limits, terms, and conditions on redemotion limits, including, but not limited to, limits on the amount of digital tokens that may be redeemed daily, and may adjust or suspend your access to the TAP Platforms if we suspect fraudulent activities or detect irregularities;

 

  1. the Company is not financial institutions and do not provide banking or payment processing services;

 

  1. no consideration or other value is or has been given in exchange for your digital tokens;

 

  1. the Company is not a party to your UPHOLD account; and your digital tokens are NOT transferred to the Company in any redemption;

 

  1. the Company is not responsible, and has no liability for, any digital tokens that are held in your UPHOLD account. You must resolve all disputes related to any digital tokens held or transferred directly with UPHOLD.

 

In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem digital tokens on the TAP Platform, you may be required provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your redemption account information.

 

8.2       Account and Authorized Use. You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify UPHOLD immediately.

 

8.3       Accuracy and Limits. You are solely responsible for verifying the accuracy and completeness of any redemptions performed by the TAP Platforms hereunder. You must notify us of any errors within 10 Business Days of such information being made available to you. If you do not notify us of any such errors within such 10 Business Days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.

 

Certain limits may apply to your redemption on the TAP Platforms. For example, unless otherwise permitted on the Site, you may only redeem up to a certain limit in any day unless otherwise permitted on the Site. Without limiting any of the other conditions of these Terms, we may modify the redemption terms at any time in our sole discretion.

 

8.8       Taxes. All digital tokens used by you for redemptions on the TAP Platforms hereunder are exclusive of any applicable withholding, sales, use, excise, value-added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these Services.

 

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  1. Ownership and Proprietary Rights in the Services

9.1 All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to the Company and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.

9.2 You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of the Company and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or the Company.

Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to):

(a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services;

(b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure;

(c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;

(d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party;

(e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party;

(f) remove or obscure any proprietary or other notices contained in the Services; or

(g) use the Services for any illegal or unauthorized purpose.

  1. Cancellation and Termination

10.1 Term. This Agreement is effective and you will continue to be a member until we terminate your account or you properly cancel your account in accordance with this Agreement (“Term”).

10.2 Termination. You are solely responsible for properly canceling your Account. You may cancel your Account at any time by directly contacting UPHOLD. We reserve the right to in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of our network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement.

10.3 Effect of Termination. Upon termination of this Agreement or cancellation of your account, all licenses and other rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service (including all Incentives and or discounts offered through the Service). For avoidance of doubt, you understand and agree that any Incentives that you obtained through the Service during the Term may not be used beyond the termination of this agreement or cancellation of your account.

  1. Third Party Linked Service and Content

11.1 The Site, APIs, and Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Site and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. All Incentives that you pursue or other transactions you engage in using the Service are between you and the transacting party. The Company is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. 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 are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.

  1. Proprietary Rights

12.1 Our Proprietary Rights. As between you and us, we and our licensors own and reserve all right, title and interest in and to the Service and our Site, including all intellectual property rights therein. You hereby grant to us and our contractors the right to use, modify, adapt, reproduce, distribute, display and disclose any information or data you transmit to the Service solely to the extent necessary to provide you with the Service or as otherwise permitted by this Agreement and the Privacy Policy.

12.2 Trademarks. The Site and/or Service contain valuable trademarks owned and used by us to distinguish the Site and Service from those of others. The Site and/or Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site and/or Service. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.

  1. Confidentiality

13.1 In connection with this Agreement, you may receive or have access to Confidential Information of the Company. For purposes of this Agreement, “Confidential Information” means the terms of this Agreement, and all technical and non-technical information concerning or related to the Company’s or its affiliates’ respective products, services, and general business operations, information of or concerning the Company’s or its affiliates’ users or employees, and any and all data, information and materials related to any of the foregoing. You agree that you shall not disclose Confidential Information to any third party, except to your employees who have a need to know and are bound by written confidentiality obligations no less restrictive than these. Confidential Information remains the sole and exclusive property of the Company.

  1. Electronic Communications

14.1 By registering for the Service, you understand that we may send you Users communications regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. You may unsubscribe your members from such communications by contacting us at bravesupport@tapnetwork.io anytime.

  1. Disclaimer of Warranties

15.1 WE PROVIDE OUR SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE VENDORS OR PARTNERS LISTED ON THE SITE. ACCORDINGLY, NEITHER THE COMPANY OR BRAVE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR REDEMPTION AND USE OF THE PERKS, GIFT CARDS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

  1. Indemnification

16.1 You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms, or (b) your violation of applicable laws, rules, or regulations in connection with the Service.

  1. Limitation of Liability

17.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR BRAVE, OR ITS OFFICERS, OR EMPLOYEES, BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

17.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AND VENDORS MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, SITE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Miscellaneous

18.1. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).

18.2. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.

18.3. Independent Contractors. This Agreement does not create a joint venture, agency, or partnership between the Parties; instead, the relationship between the Parties is that of independent contractors.

18.4 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.

18.5 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its principles regarding conflicts of law.

18.6 Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

18.7 Survival of Terms. After your subscription to the Service has terminated, any and all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

 

Contacting Us

 

Please also feel free to contact us if you have any questions about our Privacy Policy or practices. You may contact us at bravesupport@tapnetwork.io or at our mailing address below:

HOOCH, Inc. dba TAP Network
200 Broadway FL3
New York, NY 10005