TentSquare Terms of Use

Last Updated: March 17, 2014

Please read this these Terms of Use, our Privacy Policy, Community Guidelines, and Copyright Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the TentSquare website, apps or services.

1. Acceptance of Terms of Use

You agree that by registering on TentSquare, or by using our website, including our mobile applications, premium services, or other information provided as part of the TentSquare services (collectively, the “Services”) in any manner, you are entering into a legally binding agreement with TentSquare, Inc. (“we,” “us,” “our,” and “TentSquare”) based on the terms of this Terms of Use Agreement, the TentSquare Privacy Policy, the TentSquare Community Guidelines, and the TentSquare Copyright Policy, which are hereby incorporated by reference (collectively referred to as the “Agreement” and “Terms of Use”).

Certain Services, such as TentSquare Competitions, may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference.

If you do not want to agree to the terms of this Agreement, do not register an account and become a Member and do not access, view, download, or otherwise use any of the Services.

2. Changes to Terms of Use

We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at tentsquare.com and/or notifying you by email. If you do not want to agree to changes to this Agreement, you can terminate this Agreement within four (4) weeks of such notice per the Termination section. Your continued use of the Services after the end of that four (4) week period or your indication of acceptance of the revised Agreement on tentsquare.com shall constitute your acceptance of and agreement to the revised Terms of Use.

3. Privacy

You should carefully read our full Privacy Policy before using TentSquare as it governs our treatment of any information, including personally identifiable information, you submit to us and is incorporated into this Agreement. You acknowledge that your submission of any information and content to us is voluntary on your part and that TentSquare may collect, use, and share that information and content, within the terms of the Privacy Policy.

4. Eligibility to Use the TentSquare Services

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 13 years or older, provided that if you are over 13 but still a minor (based on where you live), you must have your parent or legal guardian’s permission to use the Services, they must agree to be bound by this Agreement, and they and you understand that some content on TentSquare, including content marked ‘17+,’ may not be suitable for minors; (2) are not currently restricted from the Services or not otherwise prohibited from having a TentSquare account; (3) are not a competitor of or are not using the Services for reasons that are in competition with TentSquare; (4) will only maintain one TentSquare account at any given time; (5) will use your real name and only provide accurate information to TentSquare; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of TentSquare or a third party, including intellectual property rights such as copyright or trademark rights; (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services; and (9) will, at all times, be compliant with the policies set forth in this Agreement.

5. License to Use the TentSquare Services

On the condition that you comply with all of your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access and use the Services in accordance with this Agreement. Except as expressly permitted by us in writing, you will not (directly or indirectly): (i) reproduce, redistribute, sell, create derivative works from, decompile, disassemble, damage, interfere or attempt to interfere with the Services; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (iii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the TentSquare website; (vi) harvest or scrape any content from the Services; (vii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; or (viii) otherwise take any action in violation of our guidelines and policies. Any other use of TentSquare contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title ownership, intellectual property rights, and all other rights and interest in TentSquare, the Services, and all related items, including any and all copies made of the TentSquare website.

6. Membership

To use the Services, you must register as a member by providing your first and last name, password, and valid email address (each such user, a “Member”). You must provide complete and accurate information to us and notify us if your information changes. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use any other member’s account; (4) not sell, trade, or transfer your TentSquare account to another party; and (5) not charge anyone for access to any portion of TentSquare, or any information therein. You are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. If you become aware of unauthorized activity on your account, please change your password and notify us immediately.

7. Termination

You may terminate this Agreement, for any or no reason, at any time, by deleting your account and ceasing all future use of the Services. TentSquare may suspend, disable, or delete your account (or any part thereof) or block or remove content you submitted if TentSquare determines, in its sole discretion, that you have violated any provision of this Agreement, that you have abused or misused the Services, or that your conduct or content are contrary to TentSquare’s purpose or would cause harm to TentSquare’s reputation and goodwill. If your account is deleted for the foregoing reasons, this Agreement shall be deemed terminated and you may not re-register for or otherwise use the Services. TentSquare may block your email address and/or Internet protocol address to prevent re-registration and future use of the Services. The terms of this Agreement shall survive Termination, except your license to use the Services as set forth in Section 5.

8. Our Rights

8.1. Disclosure of User Information.

You acknowledge, consent, and agree that we may access, preserve, and disclose your registration and any other information you provide, in accordance with the terms of the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to, civil and criminal subpoenas, court orders, or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of TentSquare, our Members, or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the Privacy Policy.

8.2 License Granted by You

As between you and TentSquare, you own all content and information, including without limitation audiovisual, audio, visual, textual, and other creative works that you provide, submit and/or upload to TentSquare (individually and collectively, “Materials”). By submitting, uploading or otherwise providing Materials to TentSquare, you hereby grant TentSquare and its affiliates, assigns, successors-in-interests, and sublicensees a non-exclusive, limited, worldwide, assignable, sublicenseable, gratis, and royalty-free right to copy, prepare derivative works of, transmit, distribute, publicly perform and display, through all media now known or in the future discovered, all Materials you provide, directly or indirectly, to TentSquare without any further consent, notice and/or compensation to you or any third parties for the purpose of: (i) displaying the Materials within the Services; (ii) displaying the Materials on third party websites and applications; (iii) allowing other users to play, download, view, and embed on third party websites the Materials; promoting the Services; and (iv) archiving or preserving the Materials for disputes, legal proceedings, or investigations. Further, you hereby waive any so-called “moral rights” in the Materials. If you contribute suggestions or ideas to TentSquare, including without limitation via TentSquare’s discussion forum and commenting on TentSquare’s website and/or third party Materials, such contributions shall be deemed Materials hereunder, and TentSquare shall have the right to use such suggestions and/or ideas for any purpose and in all media without any compensation to you. The Materials you submit to us are at your own risk of loss. TentSquare reserves the right to withhold, remove, or discard any Materials, with our without notice to you, if deemed by TentSquare to be contrary to this Agreement, its Community Guidelines, or Copyright Policy, in its sole discretion. For the avoidance of doubt, TentSquare has no obligation to store, maintain, or provide you a copy of any content that you or other Members provide when using the Services. The license set forth herein shall continue unless and until you remove Materials from the TentSquare Service, in which case the license for such removed Material will terminate within a commercially reasonable period of time, provided that the license for legal, archival, and/or preservation purposes will continue indefinitely.

9. Representation and Warranties

For each Material that you submit to TentSquare, you represent and warrant that: (1) you have the right to submit the Materials to TentSquare and grant the licenses set forth above, (2) TentSquare will not need to obtain licenses from or make any payments of any kind to any third party; (3) the Materials are in full compliance with this Agreement, the TentSquare Community Guidelines, and all applicable laws, and (4) that the Materials, your submission of the Materials, and TentSquare’s use of the Materials as granted by Section 8 are not in violation of any contractual restrictions or other third party rights, including intellectual property and privacy rights.

10. Indemnification

You agree to indemnify, defend, and hold harmless TentSquare and its affiliates, directors, officers, employees, agents, and Members from and against all damages, losses, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by: (1) your failure or alleged failure to comply with this Agreement, including, without limitation, your submission of Materials that violate third party rights or applicable laws; (2) any Materials you submit to the Services; and (3) any activity in which you engage on or through TentSquare.

11. Third Party Sites and Developers

TentSquare may include links to third party websites (“Third Party Sites”) on tentsquare.com and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. TentSquare is not responsible for and does not endorse any features, content, advertising, products, or other materials on or available from Third Party Sites. If you decide to use Third Party Sites you do so at your own risk and agree that this Agreement does not apply to your use of any Third Party Site.

12. Disclaimers

do not rely on tentsquare, any information therein, or its continuation. the tentsquare SERVICES are provided on an “as is “ and “as available” basis. tentsquare has no obligation TO screen or monitor any content and does not guarantee that any content available on the tentsquare services complies with this agreement or the TENTSQUARE Community Guidelines or is suitable for all users. to the fullest extent permissible under applicable law, tentsquare expressly disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. if you are dissatisfied or harmed by tentsquare or anything related to tentsquare, you may close your tentsquare account and terminate this agreement in accordance with section 7 (“Termination”) and such termination shall be your sole and exclusive remedy. in addition, we neither warrant nor represent that your use of the services will not infringe the rights of third parties. tentsquare does not have any obligation to verify the identity of its Members, nor does it have any obligation to monitor the use of its services; therefore, tentsquare disclaims all liability for identity theft or any other misuse of your identity or information by others. tentsquare does not guarantee that the servICEs it provides will function without interruption or errors in functioning, including but not limited interruptions due to maintenance, updates, system or network failures, or any other reason. tentsquare disclaims all liability for damages caused by any such interruption or errors in functioning.

13. Limitation of Liability

To the fullest extent neither TentSquare nor any of our subsidiaries, affiliated companies, employees, officers, shareholders, owners, or directors (“TentSquare Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a premium service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive, or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services or any of the content or other materials on, accessed through or downloaded from TentSquare. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limit of liability shall: (a) apply regardless of whether (1) you base your claim on contract, tort, statute, or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and (b) not apply to any damage that TentSquare may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

14. Compliance Notice Pursuant to 18 U.S.C. §2257

All pictures, graphics, videos, and other visual media displayed on the TentSquare Services are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256(2)(A)-(D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. TentSquare is not the primary producer of the visual content contained in the TentSquare Services.

15. General Terms

15.1 Governing Law; Disputes

This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to conflicts of law principles. To the extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with this Agreement, the Services, and/or TentSquare. The parties agree that all controversies or claims arising out of or relating to this Agreement, the Services, and/or TentSquare shall be resolved by confidential, binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the English language, in the city of New York, New York, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules. If any provision of this Agreement or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to materially effectuate TentSquare’s intent.

15.2 Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. TentSquare’s rights and remedies hereunder are cumulative and not exclusive.

15.3 Notices and Service of Process:

You consent to receive all communications, including without limitation notices, agreements, disclosures, or other information from TentSquare, electronically. TentSquare may provide all such communications by email or by posting them on tentsquare.com. For support-related inquiries, please contact us at support@tentsquare.com. You may send notices of a legal nature to us at legal@tentsquare.com or to the following address:

The Law Offices of Jennifer Newman Sharpe, PLLC
154 Grand Street
New York, NY 10013

Nothing herein shall limit TentSquare’s right to object to subpoenas, claims, or other demands.

15.4 No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other materials used or displayed through the Services.

15.5 Successors; Assignment

This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, and permitted assigns. You may not assign or delegate this Agreement or any of the rights hereunder without TentSquare’s prior written consent. Any purported assignment and delegation shall be ineffective. TentSquare may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, TentSquare, Inc. for any third party that assumes our rights and obligations under this Agreement.

15.6 Entire Agreement

You agree that this Agreement constitutes the entire understanding between you and TentSquare regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this Agreement. This Agreement may only be modified solely as set forth in Section 2 (“Changes to Terms of Use”). You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TentSquare services, third-party content or third-party software. This Agreement incorporates the following documents by reference: Privacy Policy, Community Guidelines, Copyright Policy.