Terms
TERMS OF USE
These Terms of Use are between you and Tenka Inc. (“Tenka Inc.,” “we” or “our”) and govern your use of the website located at circuitcubes.com and other services we may make available from time to time to users (together, the “Services”). Please read these terms and conditions carefully before using the Services. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.
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
In connection with the Services, you may be invited to provide personal information, custom screen names, icons and other profile information, and you may be permitted to comment on, post, or transmit or submit messages. When you submit, publish, post or display information or content through the Services to any Tenka Inc. forum, you agree to strictly limit yourself to the subject matter for which the forums are intended and to comply with these Terms of Use.
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.
USER DISPUTES
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.
Other than personally identifiable information, which is subject to our Privacy Policy, any other User Generated Content is and will be considered non-confidential and non-proprietary. You retain ownership over your lawfully created User Generated Content but we may use any or all User Generated Content for any purpose whatsoever, which includes, without limitation, the right to copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such User Generated Content for any purpose, commercial, advertising, or otherwise.
ADVERTISEMENTS AND THIRD PARTY CONTENT
From time to time, we may incorporate advertising, information, features, and services provided by other users or third parties (“Third Party Content”). We do not endorse, guarantee, or make any representations or warranties regarding the quality, availability, or completeness of any Third Party Content, or its compliance with any law, rule, or regulation. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Use and Privacy Policy applicable to such Third Party Content prior to using it.
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.
CONTESTS
By participating in any contest, drawing, game or competition organized or sponsored by Tenka Inc. (each, a “Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Use, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the Tenka Inc. Parties from all liability for loss, harm, damage, injury, cost, and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith, and for any claims based on publicity rights, defamation, or invasion of privacy related thereto. The Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend, or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by Tenka Inc. and its affiliates and acknowledge that you have read and accepted the Company’s Privacy Policy.
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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see copyright.gov for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent to us c/o Tenka Inc., 291 School Street, Suite 3, Willits, CA 95490. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
INTELLECTUAL PROPERTY
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).
MINORS
Tenka Inc. does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.
AVAILABILITY
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.
NO WARRANTY
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.
NO LIABILITY
You understand that your use of the Services is at your own risk. Tenka Inc. shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services, User Generated Content or these Terms of Use.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TENKA INC. PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE TENKA LABS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE TENKA LABS PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Tenka Inc. Parties from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services or any Content, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Tenka Inc. IP or other right of Tenka Inc. or any third party. Tenka Inc. shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Tenka Inc. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defense of any claim.
TERM AND TERMINATION
These Terms of Use shall commence when you first visit circuitcubes.com, make a purchase through the website, or use any Tenka Inc. mobile application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses. Tenka Inc. may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. You are personally liable for any order placed or charges incurred through your account prior to termination.
CHANGES
The Content, the Services and these Terms of Use are subject to change and updating by Tenka Labs and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Tenka Inc. Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
PRIVACY
Please click here for our Privacy Policy.
APPLICABLE LAW; JURISDICTION
The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. The laws of the State of California will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in San Francisco, CA. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Tenka Inc. from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Tenka Labs IP.
The websites TenkaLabs.com and CircuitCubes.com are maintained by Tenka Inc.