Terms of Service - Tenta Community

The following terms and conditions govern all use of the Tenta Community website and all content, services and products available at or through the website, including, but not limited to, community.tenta.com Forum Software, tenta.com Support Forums and the Tenta Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by Emerald Cactus Ventures (“ECV”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, tenta.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by ECV (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ECV, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Tenta Community Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify ECV of any unauthorized uses of your account or any other breaches of security. ECV will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ECV or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, company_short_name has the right (though not the obligation) to, in ECV’s sole discretion (i) refuse or remove any content that, in ECV’s reasonable opinion, violates any ECV policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ECV’s sole discretion. ECV will have no obligation to provide a refund of any amounts previously paid.

4. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by ECV under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

5. Responsibility of Website Visitors

ECV has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ECV does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. company_short_name disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tenta.com links, and that link to tenta.com. ECV does not have any control over those non-tenta.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-tenta.com website or webpage, ECV does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ECV disclaims any responsibility for any harm resulting from your use of non-tenta.com websites and webpages.

7. Copyright Infringement and DMCA Policy

As ECV asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tenta.com violates your copyright, and if this website resides in the USA, you are encouraged to notify ECV in accordance with ECV’s Digital Millennium Copyright Act (“DMCA”) Policy. ECV will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ECV will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of company_short_name or others. In the case of such termination, ECV will have no obligation to provide a refund of any amounts previously paid to ECV.

8. Intellectual Property

This Agreement does not transfer from ECV to you any ECV or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ECV. ECV, tenta.com, the tenta.com logo, and all other trademarks, service marks, graphics and logos used in connection with tenta.com, or the Website are trademarks or registered trademarks of ECV or ECV’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ECV or third-party trademarks.

9. Attribution

ECV reserves the right to display attribution links such as ‘Powered by tenta.com,’ theme author, and font attribution in your content footer.

10. Changes

ECV reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ECV may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

ECV may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tenta.com Community account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE ECV SERVICE SHALL BY AT YOUR SOLE RISK AND THAT THE TENTA COMMUNITY WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, ECV, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE SOLE RISK AS TO SELECTING THE TENTA COMMUNITY WEBSITE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE ECV SERVICE. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OF DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (II) ANY CHANGES WHICH ECV MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES IN THE SERVICE); (III) THE DELETION OF, CORRUPTION OF, OR FAULT TO STORE, ANY CONTENT TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (IV) YOUR FAILURE TO PROVIDE ECV WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON ECV’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT ECV HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS ARISING.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the ECV Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to defend, indemnify and hold harmless ECV, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or in connection with: (i) Your use of the ECV website; (ii) Your violation of these Terms; (iii) Your violation of any third-party, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any Content you post via the website caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Use and Your use of the ECV website.

16. Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Seattle, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

17. Entire Agreement

These Tenta Community Terms of Use are the entire and exclusive agreement between Tenta and You regarding the Tenta Community website, and these Terms supersede and replace any prior agreements between Tenta and You regarding the Tenta Community website.