CONTENT & PRODUCT INFORMATION
In conjunction with the Services, Tenka Inc. may present information and content, including but not limited to, product information, pricing information, and product specifications, as well as commentary, advertisements, and other third party content (collectively, “Content”). Tenka Inc. attempts to ensure that Content provided through the Services is complete and accurate. However, Tenka Inc. is not responsible for inaccurate Content provided through the Services and makes no representations as to the accuracy or completeness of Content, including the availability or effectiveness of any product. Tenka Inc. is not liable for any loss that may result from your reliance on any Content. Prices for products are quoted in US dollars and are valid only in the continental United States, Alaska, and Hawaii.
Tenka Inc. reserves the right to change or suspend any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Tenka Inc. also reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.
PROFILES, BLOGS, AND BOARDS
USER GENERATED CONTENT
Tenka Inc. makes no warranties as to the accuracy or reliability of any information, messages, posts or other content generated by users and accessible on or through the Services (collectively “User Generated Content”). Tenka Inc. accepts no responsibility whatsoever in connection with any User Generated Content and will have no liability related to the User Generated Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
In addition, Tenka Inc. reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Tenka Labs shall not be liable if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit other users and third party websites where your User Generated Content may be included, to access, view, store and reproduce such material.
You are solely responsible for your interactions with other users on and through the Services. Tenka Inc. reserves the right – but has no obligation to monitor – disputes between users. In the event a dispute arises between you and Tenka Inc. or another user, please email the Company and we will work quickly towards a resolution.
Tenka Inc. will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent, or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
OWNERSHIP AND USE OF WEBSITE CONTENT
Except as otherwise set forth herein, all website content is owned by Tenka Inc. and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the website content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. Use of the website content on any other website, or any other republication or redistribution of the website content, is expressly prohibited without the prior written permission of Tenka Inc. Please email with any licensing inquiries.
ADVERTISEMENTS AND THIRD PARTY CONTENT
LIMITATION OF USE
You agree that you will neither post nor submit any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national or international law;
- violates the copyright, trademark, or other intellectual property rights of any other person or Tenka Inc.;
- is false, inaccurate, or misleading or improperly assumes or claims the identity, characteristics, or qualifications of another person;
- imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
- is for the purpose of spamming or promoting goods or services without our prior authorization;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libelous or invasive of privacy or publicity rights or any other third party rights.
THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (“DMCA”)
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
- (a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- (c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
- (d) The name, address, telephone number, and email address of the complaining party;
- (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tenka Inc. and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM, or ® symbols. Nothing herein grants you any license to use or any right, title or interest in any Tenka Inc. names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, “Tenka Inc. IP”).
REGISTRATION AND SECURITY
In connection with your use of the Services, you may establish or otherwise receive Tenka Inc. user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
PRICES AND PAYMENTS
You agree pay all charges and fees applicable to your transaction, including without limitation, sales taxes, shipping and handling, and duties and customs fees (for international orders) in accordance with the billing terms that were in effect at the time the charges or fees became payable. Tenka Inc. reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
Not all of the Services are available in all geographic areas. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Tenka Inc. or its licensees or affiliates to any registration requirement within such jurisdiction or country.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. TENKA LABS SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
TERM AND TERMINATION
APPLICABLE LAW; JURISDICTION