Last Updated June 1, 2017
FormTap3D.com (the “FormTap site” or the “Site”) is an online platform for Designers to submit their 3D products and product ideas for potential testing, manufacturing, and sale, and possible future distribution through FormTap Channel sales partners. FormTap Designers receive feedback on their Beta products from the Site’s Users, Members, and other Designers, and FormTap may select products for further development, production, and/or distribution.
The FormTap site can be found at www.formtap3d.com. The Site is owned and operated exclusively by Stocklyn Venture, LLC (referred to herein as “FormTap,” or the “Company”).
FormTap reserves the right to monitor and/or moderate any content posted to the Site by Users, Members, and/or Designers. However, the Company generally does not regulate the content of User, Member, or Designer communication on the Site, and therefore the Company has little or no control over content of communications provided by Users, Members, and Designers.
BY USING THE FORMTAP SITE IN ANY MANNER, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
The Site’s User and Designer Participation:
The following provides the general terms of how the Site operates, as well as the roles Users, Members, and Designers play in the FormTap community.
· 3D Product Design Concepts (“Concepts”) are submitted by Designers who click the “Start Creating” button on the Site’s home page. Once submitted, all Concept postings on the Site are available to the Company for consideration. FormTap’s staff can view all Concept submissions once they are posted, and FormTap retains discretion to decide which Concepts to consider for Beta and finalized product development. Once on the platform, and accepted by FormTap, the Company will send the Concept to prototyping and start selling Beta Products to end Users. FormTap reserves the right to modify or suggest modifications for submitted Concepts at any stage in the consideration and development processes.
· FormTap, at its sole discretion, decides whether or not to select a Concept for development and/or production. Designers may submit edited or modified Concepts if their original submission was rejected, and FormTap may choose whether or not to consider the edited version for development and/or production.
· A Concept submission must satisfy FormTap’s required elements to be considered for development and/or production. These elements are chosen by the Company, and include, but are not limited to, ability to produce, likelihood of success, and potential for future development. FormTap will judge products based on their completeness, and will develop and produce only those products that meet basic requirements.
· At any time prior to, during, or after the consideration process, a Designer may choose to allow other FormTap Designers, Members, and/or Users access to the Concept for iteration. This choice is left to the Designer’s sole discretion. Each such chosen Designer , Member and/or User will come in as a subordinated PM for said Concept.
- When a Concept is submitted to the Site, FormTap may choose to develop it through one or more phases to get feedback from FormTap staff, Users, Members, and Designers. All Concept submissions may be subject to feedback at any stage in the submission, development, and/or production processes, at FormTap’s sole discretion.
- Once a Concept has completed all relevant development phases, FormTap may then choose to Produce and/or sell the Concept. FormTap may also decide to transfer the Intellectual Property Rights in the Concept to the original Designer or to a third party.
- If FormTap declines or fails to begin developing or producing a Concept within one (1) year after a Designer submits it, the Designer may request that FormTap return his/her Intellectual Property Rights in the Concept. Under no circumstances will FormTap be required to transfer its Intellectual Property Rights in any modification, addition, or revision in or of a Concept contributed by another Designer, FormTap’s staff, a User, or a Member.
- FormTap’s Reputation system rewards Members and Designers for giving and receiving feedback on Beta and finalized products. Members and Designers can then receive discounts and other prizes based on accrued points. Members who submit constructive feedback to Designers will earn one (1) point for each submission. If Designers like the feedback, the Member will receive five (5) points. If the Designer uses the feedback in developing or modifying the Concept, the Member will receive fifteen (15) points. Designers also receive points for receiving and utilizing feedback constructively. FormTap has sole discretion to decide what constitutes constructive feedback and utilization.
- Members and Designers who contribute to a Concept’s development will also receive a portion of the revenue from the sales of the finalized Concept. This portion will be proportional to the Member/Designer’s influence on the finalized Concept, and influence will be measured and determined at FormTap’s sole discretion.
ALL SELECTED CONCEPTS THAT MEET FORMTAP’S GUIDELINES WILL BE TESTED THROUGH ON-DEMAND MANUFACTURING. SELECTION, DEVELOPMENT, MANUFACTURING, SALE, AND/OR COMMERCIALIZATION OF ANY CONCEPT IS SUBJECT TO FORMTAP'S SOLE AND ABSOLUTE DISCRETION, AND THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO REASON, TO: (I) REJECT ANY SUBMITTED CONCEPT, (II) HALT OR CANCEL THE DEVELOPMENT, SALE, PRODUCTION, AND/OR ANY PHASE RELATED TO ANY CONCEPT, AND/OR (III) SELL, LICENSE, OR TRANSFER ANY CONCEPT, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO DESIGNER OR ANY THIRD PARTY.
Definitions for Common Site Terms:
Basic Site Terms:
- “Beta Product” means prototypes not yet ready for full production. These are produced to get feedback from Users, Members, Designers, and FormTap staff. If a finalized version of a Concept is produced, those who purchased the Beta Product will receive the finalized product for free, as part of their Beta purchase. FormTap has the sole and final discretion to decide whether or not to produce Beta and finalized products.
- “3D Product Design Concept” or “Concept” means the intellectual property submitted to the Site by a Designer or Designers. This includes, but is not limited to: inventions, designs, and formulated ideas and concepts for products.
- “Designer” refers to anyone who submits a Concept to FormTap.
- “Member” refers to anyone who creates an account on the Site.
- “Online Sale” means a purchase/sale made via FormTap3D.com.
- “Person” means any individual or legal entity.
- Reputation points are part of FormTap’s rewards system. They may be earned by Members and Designers for their activity on the Site and for contributing to the Company’s feedback initiative.
- “Produce” includes mass and/or on-demand production of Beta and/or finalized products.
- “Site Content” means all information available and displayed on the Site.
- “User” refers to anyone who visits and/or conducts any activity on the Site. This includes Members and Designers, as well as those who visit FormTap3D.com without creating an account.
- “Confidential Information” encompasses all Concepts, Concept submissions, and Personal Information a Member, User, or Designer submits to the Site, any confidential information submitted or created by third parties, and any non-public Site Content.
- “Personal Information” is information that is or that can be reasonably traced to a specific individual.
- “Proprietary Information” includes any information, trade, or business secrets that a person or entity treats or is required to treat as confidential or proprietary. This includes, but is not limited to, information, concepts, and/or products belonging to a third party. FormTap Users, Members, and Designers may never submit or convey any Proprietary Information that they are prohibited by law from providing to the Company or other Users, Members, and/or Designers.
Intellectual Property Terms:
- “Designer Content” includes all information a Designer conveys to the Site and/or the Company. This includes information the Designer provides with and for a Concept and/or Concept submission, as well as information a Designer provides to the Company via methods other than the Site.
- “Intellectual Property” means any Concept, submission, invention, idea, writing, trade name, trademark, service mark, copyright, mask work, or other material subject to, protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret, right of publicity, or similar laws. Notwithstanding any U.S. or foreign legal provision to the contrary, Intellectual Property shall include any method of doing business, as well as computer software and hardware and/or processes.
- “Intellectual Property Rights” means any U.S. and foreign legal and/or moral rights to any Concept, invention, idea, writing, trade name, trademark, service mark, copyright, mask work, or any other material, wherein the rights may be filed in the future, or are pending, or are registered, or are otherwise subject to, protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret, rights of publicity, or similar laws. The Company will retain Intellectual Property Right ownership of any Concept modifications made by FormTap or a member of the FormTap community (Designers, Users, and/or Members). The Designer retains the Intellectual Property Rights to his/her submitted Concept until FormTap has produced one hundred (100) units of the Concept, either in Beta form, finalized form, or a combination of the two. Once one hundred (100) units have been produced, the Designer and Company, will determine in good faith, the future rights of each party in and to the Intellectual Property Rights of such Concept.
Royalties and Revenue:
- “Designer Royalty” is a royalty or fee paid to a Designer for contributing a Concept or contributing to a Concept. Designer Royalties will be determined by the Company on a case-by-case basis, at the Company’s sole discretion. The obligation to pay Designer Royalties shall not be binding on any successor-in-interest to FormTap’s business or portion of FormTap’s business.
- “Member Royalty” is a royalty or fee paid to a Member for contributing to a Concept. Member Royalties will be determined by the Company on a case-by-case basis, at the Company’s sole discretion. The obligation to pay Member Royalties shall not be binding on any successor-in-interest to FormTap’s business or portion of FormTap’s business.
- “Net Revenue” is the total gross revenue received by FormTap on the sale or license of a product, Concept and/or the Intellectual Property Rights associated with a product and/or Concept, less the costs of goods sold and costs of sale.
- “Net Sales” is the total value of the sales received by FormTap on the sale or license of a product, Concept and/or the Intellectual Property Rights associated with a product and/or Concept, less the value of any returns, allowances, warranty claims, damaged goods, discounts and other commercially-reasonable or customary deductions, all as determined in FormTap’s sole discretion.
- “Operating Margin” is the proportion calculated by dividing the Net Revenue by Net Sales.
- “Beta Revenue” is the Net Revenue FormTap receives from the sale or licensing of a Beta product, Concept, and/or the Intellectual Property Rights associated with a Beta product or Concept. Beta Revenue will be shared as follows: (i) Designers will receive thirty percent (30%) from their Concept ideas, (ii) the Company will receive sixty percent (60%), and (iii) the final ten percent (10%) will be allocated to an education outreach program or organization of the Company’s choosing.
- “One and One-Half Percent Transaction” means any transaction resulting in Product Revenue or Beta Revenue with an Operating Margin under five percent (5%). In such case, up a total of up to a maximum of one and one half (1.5%) of the Product Revenue or Beta Revenue associated with that transaction shall be paid as the combined Designer and/or Member Royalty to all Designers and/or Members FormTap determines to be eligible to receive royalties. The total percent to be paid, and the division of Royalties among Designers and Members shall be solely at the Company’s discretion.
- “5 Percent Transaction” means any transaction providing FormTap Product Revenue or Beta Revenue with an Operating Margin equal to or greater than five percent (5%) but under ten percent (10%). In such case, a total of up to a maximum of five percent (5%) of the Product Revenue or Beta Revenue associated with that transaction shall be paid as the combined Designer and/or Member Royalty to all Designers and/or Members FormTap determines to be eligible to receive royalties. The total percent to be paid, and the division of Royalties among Designers and Members shall be solely at the Company’s discretion.
- “10 Percent Transaction” means any transaction providing FormTap Product Revenue or Beta Revenue with an Operating Margin equal to or greater than ten percent (10%) but under thirty percent (30%). In such case, a total of up to a maximum of ten percent (10%) of the Product Revenue or Beta Revenue associated with that transaction shall be paid as the combined Designer and/or Member Royalty to all Designers and/or Members FormTap determines to be eligible to receive royalties. The total percent to be paid, and the division of Royalties among Designers and Members shall be solely at the Company’s discretion.
- “30% Percent Transaction” means any transaction resulting in Product Revenue or Beta Revenue with an Operating Margin over thirty percent (30%). In such case, a total of up to a maximum of thirty percent (30%) of the Product Revenue or Beta Revenue associated with that transaction shall be paid as the combined Designer and/or Member Royalty to all Designers and/or Members FormTap determines to be eligible to receive royalties. The total percent to be paid, and the division of Royalties among Designers and Members shall be solely at the Company’s discretion.
Others’ Content Rights:
By using the Site, you have access to Site Content provided by other Users, Members, and/or Designers.
Site Content, including, but not limited to content provided by Users, Members, and/or Designers, may be provided under license. FormTap reserves the right to decide whether or not to screen any content Users, Members, and Designers submit to the Site.
FormTap, along with its Users, Members, and Designers, have rights in the content they provide to the Site under copyright and other applicable laws, and, except as conveyed in this Agreement, these rights are not licensed or otherwise transferred merely by using the Site. All Users, Members, and Designers accept full responsibility and liability for their individual use of any Site Content or content provided by Users, Members, Designers, and/or FormTap staff in violation of any such rights.
Creation or submission of any Site Content, including but not limited to Concepts and Concept submissions, is not based in any way upon an expectation of compensation from FormTap, its Users, Members, or Designers, or anyone associated with the Company.
FormTap has the absolute right and permission to the name, voice, image, likeness, rights of publicity, and any applicable compensation information for each Designer, Member and/or User, as well as representations any Designer, Member and/or User may make in any media, world-wide, for advertising, promoting, reporting, and/or disseminating information about the Company, the Company's business, or a Concept.
Tax Withholding and Payee Information Form:
You acknowledge and agree that you are responsible for all taxes due on any payments made to you in connection with your participation on the Site. The Company will be under no obligation to make any payments to you unless you have properly completed and submitted all pay information forms and other information required in the registration process related to backup withholding taxes. The Company may be required by law to withholdtaxes from amounts payable to you unless you are otherwise exempt from backup withholding. US citizens and resident aliens will typically be exempt from backup withholding if they properly report their name and Social Security number to the Company and that information matches the IRS records.
Service Interruptions and Site Changes:
FormTap reserves the right to interrupt the Site with or without prior notice for any reason or no reason. The Company will not be liable for any Site interruption, delay, or failure to perform. FormTap also reserves the sole right to change and/or remove any Site Content and/or the Services as it sees fit, with or without prior notice and for any reason or no reason.
Certain aspects of the Site, such as posting a Product Idea, may be for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. FormTap may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. All fees paid to the Company are solely for services provided by the Company through the Site and no payments made in connection with the Site should be made with any expectation by a User to receive any return payment, including any portion of Product/IP Revenue or User Royalty from the Company.
Site Use Eligibility:
Providing Site Data:
In using the Site, you agree to provide accurate and complete current information about yourself when prompted (e.g. when registering for an Account or checking out as a guest). It is your sole responsibility to update this information as frequently as necessary to keep it accurate, current, and complete. Unless otherwise indicated in this Agreement or in Site Content, consider all prompted information fields required.
Maintaining the security of your Account password and identification is your sole responsibility. You are fully and solely responsible for all use of your Account and all activities on the Site made by any persons signed in to your Account.
Proprietary Rights in Site Content:
All Site Content is the proprietary property of the Company, its Users, Members, Designers, or other licensors, with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without FormTap’s prior express written permission, with the exception of content Users, Members, and/or Designers legally post on the Site (addressed in more detail in the section below, titled "Ownership of Posted Content").
Those eligible to use the Site, are granted a limited license. This license allows eligible Users, Members, and Designers to access and use the Site and Site Content for their own personal use, connected with Site participation, while actively in the process of developing a Concept with FormTap.
You may only upload your own content to the Site. You may not, under any circumstances, upload, reproduce, or republish any Site Content on any other website or incorporate the information in any other database or compilation, except your own original content. You agree to keep your submitted and published Site Content confidential and refrain from publicly disseminating it until FormTap has evaluated the content and determined its applicable Intellectual Property Rights, if any.
Any use of the Site Content not explicitly permitted herein is strictly prohibited. Any use other than what is specifically authorized herein is strictly prohibited unless you have received FormTap’s prior written permission. Any prohibited use will terminate the license granted herein, and may also violate applicable laws, regulations, and/or statutes.
FormTap may revoke this limited license at any time with or without notice or cause.
Warrant of Content Ownership:
By submitting any original content or a Concept to the Site, you automatically grant (and warrant that you have the right to grant) other FormTap Users a limited license to access and use your content or Concept for their own personal use, relating to the Site, while the Concept is in any and all evaluation, development, and/or production phases.
Other than as expressly provided herein, no User, Member, or Designer shall acquire any license or ownership in other Users', Members’, or Designers’ submitted content. However, if a Designer withdraws a Concept submission or Concept from the Site in accordance with these Terms, that Designer may make license, ownership, and/or use agreements with other FormTap User(s), Member(s), and/or Designer(s) among themselves, separate and apart from these Terms.
You hereby represent and warrant that you have the right to assign the same, and that no assignment, sale, agreement, or encumbrance has been or will be made or entered into which would conflict with this assignment.
You further covenant that you will promptly provide FormTap with any requested facts and documents relating to said Intellectual Property Rights and any other exclusive rights, and any applications, patents, trademarks, copyrights, or other legal applications, registrations and/or protections relating to the same as may be known and accessible to you. You also agree that you will testify as to the same in any interference, litigation, or proceeding related thereto, and will promptly execute and deliver to FormTap or its legal representatives any and all other additional written confirmatory documents of this assignment or other instruments of transfer or Intellectual Property Rights perfection or legal documents relating thereto as may be reasonably requested by the Company. This includes, but is not limited to, any and all papers, instruments, or affidavits required to apply for, obtain, maintain, issue, and enforce any applications, patents, trademarks, copyrights, or other legal protections relating to the Intellectual Property rights and any other exclusive rights, and/or required to pursue any legal proceedings or take any actions which may be necessary or desirable to obtain rights to, maintain, or enforce said Intellectual Property Rights and any other exclusive rights, and any applications or registrations relating thereto.
Compensation you might receive as a result of submitting Intellectual Property and/or Content and/or Concepts/Concept submissions may be inadequate or below fair market value. You expressly agree to bear such risk in connection with submitting or posting to/on the Site.
You are solely responsible for understanding all copyright, patent, trademark, trade secret, and other laws that may apply to your content and Site use hereunder.
You are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site.
FormTap has the right herein to retain ownership of Member and Designer Account data, regardless of any Intellectual Property Rights in User content.
You do not own your FormTap Account, nor any data stored on FormTap servers. In addition, you do not have any rights of access to the Site or any rights to data stored by or on behalf of the Company, other than as determined by the Company at its sole discretion.
You agree to regard and preserve as confidential all Site Confidential Information, including, but not limited to, all Concepts and/or Content submitted or which may be submitted to the Site by you or other Users, Members, Designers, or FormTap staff.
You shall not, without obtaining FormTap’s prior written consent, use any Confidential Information for any purpose other than for use of the Site, discussions between you and the Company, or joint collaboration between you and other Users, Members, and/or Designers.
Notwithstanding anything to the contrary contained herein, in the event of a breach or threatened breach of this Confidentiality section by you, FormTap may seek injunctive relief, provided, however, that no specification in these Terms of a specific legal or equitable remedy shall be construed as a waiver or prohibition against any other legal or equitable remedies in the event of a breach of a provision of these Terms. You shall also be responsible for any attorneys’ fees and costs incurred by FormTap in the event of such breach or threatened breach.
Commercial Arrangements with Third Parties:
FormTap reserves the right and sole discretion to decide whether or not to contract with third-party companies that may develop, manufacture and/or sell products based on a Concepts, as well as third party companies that may purchase part or all of FormTap’s business.
This Agreement and/or such third-party companies' actions or inactions concerning your submitted Site Content and Concept(s) do not create any contract, relationship, or duty/obligation between you and any such third-party company, and you hereby waive and agree to waive any and all claims you have or may have in the future against any such third-party companies concerning your Intellectual Property Rights, Product Ideas, other User Content, and your use of the Site.
"FORMTAP" and other Company product names, brands, graphics, logos, designs, page headers, button icons, scripts and service names the Company uses to identify its services, Site, and/or products are registered trademarks or trade dress in the U.S. and/or other countries. These marks may not be used in any form in connection with any product or service in any manner that is likely to cause confusion, association, or affiliation with FormTap, and may not be copied, imitated, or used, in whole or in part, without the Company’s express prior written permission.
User Promotion of FormTap or Concepts/Products:
Users may choose to promote or otherwise present FormTap or publicly-available FormTap Concepts or Beta/Finalized Products.
Any such application must comply with the following guidelines:
- Post the following notice clearly and conspicuously on each and every page within the application: "This application is not affiliated with, endorsed by, or in any manner provided or controlled by FormTap or Stocklyn Venture, LLC. FormTap and Stocklyn Venture, LLC assume no liability for the content of this application."
- If using any FormTap branding, do not distort or alter its appearance in any way.
- If using any FormTap-created images or videos, include the following attribution: "© Stocklyn Venture, LLC. All rights reserved." adjacent to each instance of imagery.
- Don't claim any untrue association with FormTap. FormTap Users, Members, and Designers are not the Company’s employees, consultants, contractors, or agents.
- Don't include the FormTap name or other FormTap or Stocklyn Venture, LLC brand name in a domain name (including, without limitation, Facebook page URL, or Twitter page URL)
- Don’t disclose any FormTap Confidential Information.
Resale of Beta and Finalized Products:
By purchasing a FormTap product, you agree not to sell such product in new and unused condition at a price lower than the price offered by the Company at the time of your resale. Any violation of the foregoing condition may result in immediate and permanent suspension or cancellation of your account, the forfeiture of any accrued Points and/or Member/Designer Royalties, and the forfeiture of any amounts otherwise due to you from the Company hereunder. FormTap expressly reserves the right to impose additional conditions on product purchases.
Submitted Concept Prototypes:
Unless otherwise stated in writing and signed by an authorized FormTap employee, the Company cannot and does not guarantee that any physical prototype provided to FormTap will be returned or will not be damaged. Designers provide physical prototypes at their own risk, and the Company disclaims any liability relating thereto.
Copyright Infringement Complaints:
Users, Members, and Designers are prohibited from uploading, posting, or otherwise transmitting any materials that violate another's Intellectual Property Rights or that constitutes another's Proprietary Information.
FormTap can identify and remove any infringing materials posted by any User, Member, or Designer, pursuant to the Digital Millennium Copyright Act (“DMCA”). You agree to comply with such identification and removal process in the event you are involved in any copyright infringement claim to which the DMCA may be applicable.
If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com:
- Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
- Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
- Your contact information, including address, telephone number, and e-mail address, and an indication whether you are the copyright owner, or, if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
- A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
- Your signature.
If your notice complies with all five foregoing requirements, FormTap will take one or more of the following actions upon receiving your notice: (a) reasonably determine that the allegedly infringing Site Content is not infringing and allow the Site Content to remain, (b) contact the person who posted the allegedly-infringing Site Content concerning your notice of infringement, and/or (c) remove the allegedly infringing Site Content.
By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with U.S. Copyright law, and waive any and all claims against FormTap directly relating to, or arising from, the foregoing DMCA compliance process.
Infringement Termination Policy:
In accordance with the DMCA and other applicable law, FormTap retains the right and sole discretion to terminate or limit Site access to Site Users deemed to be repeat infringers, as well as any Users who infringe any Intellectual Property Rights, or disclose others’ Confidential Information and/or Proprietary Information. Users who are terminated or have access limited under this Policy forfeit any amounts that may otherwise be or may become due to them from the Company.
Disputes and Dispute Resolution Between Users:
In using and accessing the Site, you release FormTap and its shareholders, affiliates, directors, officers, subsidiaries, employees, and agents from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site, including Members and Designers.
FormTap has the right, but not the obligation, to resolve disputes between Users relating to the Company’s Site and Services. If FormTap elects to resolve any such disputes, it will do so in good faith and will not make judgments regarding legal issues or claims. The Company’s resolution of such disputes will be final with respect to the Site, but will have no bearing on any real-world legal disputes in which Users may become involved.
Additionally, you hereby release FormTap and its shareholders, affiliates, directors, officers, subsidiaries, employees, and agents from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Company’s dispute resolution.
All Data on the Company's Servers May Be Deleted, Alterated or Transfered:
When using the Site, you may accumulate Site Content or other value residing as data on the Company's servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON FORMTAP’S SERVERS MAY BE DELETED, ALTERED, MOVED, OR TRANSFERRED AT ANY TIME FOR ANY REASON IN FORMTAP’S SOLE DISCRETION. Notwithstanding the foregoing, the Company will maintain back-up records related to any actual accumulated unpaid cash amounts earned by Users, and to the extent such information is deleted or otherwise altered, the Company will use its best efforts to accurately recreate such information to satisfy its payment obligations.
NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, FORMTAP DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY'S SERVERS.
FORMTAP HAS THE RIGHT TO REMOVE ANY SITE CONTENT (INCLUDING USER-GENERATED CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
All Sales and Services are Provided "As Is" Without Express or Implied Warranties:
THE SITE, SERVICES, USER AND MEMBER ACCOUNTS, AND ALL RELATED GOODS AND SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. THESE ARE PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND FORMTAP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
All Sales are Final:
THERE WILL BE NO REFUNDS FOR ANY REASON UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE. ALL SALES MADE BY THE COMPANY ARE FINAL, MADE WITHOUT ANY GUARANTEE, STRICTLY ON AN "AS IS" BASIS, AND PROVIDED AND ACCEPTED AT YOUR OWN RISK. FORMTAP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY MAKING A PURCHASE WITH THE COMPANY, YOU HAVE READ AND UNDERSTAND OUR NO REFUNDS POLICY.
IN NO EVENT SHALL FORMTAP OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL FORMTAP’S CUMULATIVE LIABILITY TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
FormTap shall not be held responsible or liable for anything that occurs or results from accessing or participating in the Site or the Company’s services.
You hereby agree to defend, indemnify, and hold harmless FormTap, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, assigns, and other Users from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs arising from any breach of this Agreement by you, as well as for any claims made by third parties regarding or relating to your Site use or activity.
Right of Set-Off:
Last Updated June 1, 2017
FormTap is strongly committed to protecting the privacy of visitors to this Site. You can navigate the majority of this Site without giving us any personally-identifiable information. However, sometimes we need additional information about you to provide you with information or services you want to receive from us. Also, this Site provides a variety of interactive features which provide you with a public forum through which you can provide information about yourself to FormTap and others. FormTap believes in transparency, and we provide this notice so you can understand our online information practices and the choices you can make about the way your information is collected and used. Capitalized and undefined terms used herein have the meaning ascribed to them in FormTap's Terms and Conditions.
The Information We Collect:
Personally-identifiable information: This is information that personally identifies one individual from another such as names, email addresses, and other contact information. This is information that you voluntarily provide, for example, when you sign up for a newsletter or set up a voluntary user profile on the Site. We use this information to respond to user submissions and fulfill requests for orders and further information about our services.
The aggregated information gives us insights into how visitors use this Site. This data is anonymous and does not contain any personally-identifiable information. We use this information to ensure that our website, emails, and marketing efforts continue to appeal to our Users, Members, and Designers.
How We Use Information:
FormTap does not sell or disclose your personally-identifiable information to third parties except to the extent its use complies with this Policy. Specifically, we may use the information you provide about yourself to fulfill requests for products, services, or information, and to respond to your inquiries. We use your contact information to communicate with you about changes to the Site or to contact you about your FormTap account (if applicable).
We store the information you provide about yourself in a secure database to provide you with the information, products, and/or services you request. The information is stored for the lifetime of the database unless you request that it be removed. The information you provide us about yourself will be shared with FormTap employees and service providers only to the extent necessary to accommodate your request.
We use non-identifying and aggregate information about the use of our Site for administrative and analytical purposes, and to improve the content of the Site to better fit our audience.
Information security is important at FormTap. Standard physical, electronic, and procedural safeguards are maintained in an effort to protect Personal Information. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us through electronic means. We ask that you do your part by maintaining your Internet and Site passwords and access codes strictly confidential.