1. Your Acceptance

A. These Terms of Service apply to all users of the TenM3 Website, including users who provide information, and other materials or services on the Website.  The TenM3 Website includes all aspects of TenM3’s service offerings, including but not limited to the TenM3 website, mobile application and associated tools & technology.

B. The TenM3 Website contains links to websites operated by other parties.  We do not control such websites and are not responsible for the content and performance of these websites.  The inclusion of links to other websites does not imply any endorsement of the material on those websites nor do we have any association with their operators.  We do not operate, control or endorse any information, products or services provided by these third parties.  Use of other websites or their products is strictly at your own risk including, but not limited to, any risks associated with destructive viruses.  WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED OR PROVIDED BY THIRD PARTIES ON OR THROUGH THE TenM3 WEBSITE.  WE ARE NOT A PARTY TO TRANSACTIONS BETWEEN USERS AND THIRD PARTIES.  YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT RESULTING FROM YOUR DEALINGS WITH THIRD PARTIES. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE TENM3 FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.

3. TenM3 Accounts

A. In order to access some features of the Website, you will have to create a TenM3 account.  You may never use another's account without permission.  When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  Anyone with access to your user name and password will be able to view all information that you are authorized to access and may be able to view and control your Feeds.  You must notify TenM3 immediately of any breach of security or unauthorized use of your account.

B. Although TenM3 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TenM3 or others due to such unauthorized use.

C. To provide the service, TenM3 may send emails to inform you of various events in connection with providing you with the services on the TenM3 Website. These emails are in response to your taking or needing to take an action (e.g. alerts such as User Feed alerts, storage alerts and account balance near expiration).  By using the TenM3 website, you consent to receiving these emails.

D. All payments for services offered on the TenM3 website are non-refundable.  Accounts that are inactive and have not been used for six months will be closed. TenM3 does not collect or retain any financial info about a user. TenM3 utilizes 3rd party payment processors (e.g. Paypal) who handle payments on our behalf..

4. General Use of the Website -- Permissions and Restrictions

TenM3 hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, excepting User Feeds (defined below), without TenM3's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to TenM3's technologies

C. You agree not to access User Feeds (defined below) or TenM3 Content through any technology or means other than through the TenM3 Website or mobile application or other explicitly authorized means TenM3 may designate.

D. You agree not to use the Website, including the Feeds available through TenM3 for any commercial use, without the prior written authorization of TenM3.  Prohibited commercial uses include any of the following actions taken without TenM3's express approval:

• sale of access to the Website or its related services on another website;
• use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the TenM3 website or any third-party website, targeted to the content of specific User Feeds or TenM3 content;
• and any use of the Website or its related services that TenM3 finds, in its sole discretion, to use TenM3 resources or User Feeds with the effect of competing with or displacing the market for TenM3, TenM3 content, or its User Feeds. (For more information about prohibited commercial uses, see our FAQ.)

E. Prohibited commercial uses do not include:

• providing User Feeds through TenM3, to promote your business or artistic enterprise;
• using TenM3 Feeds on an ad-enabled blog or website, provided the primary purpose of such use is not to gain advertising revenue or compete with TenM3;
• any use that TenM3 expressly authorizes in writing.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the TenM3 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  Notwithstanding the foregoing, TenM3 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  TenM3 reserves the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Feeds.   

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, TenM3 Community Guidelines, and all applicable local, national, and international laws and regulations.

J. We reserve the right, at our sole discretion and without notice to you, to add to, change, suspend or discontinue any aspect of the TenM3 Website, and we will not be liable to you or to any third party for doing so.  We reserve the right, at our sole discretion, to suspend or discontinue your access to the TenM3 Website for violations of these Terms of Service.   

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TenM3 Website.

A. The content on the TenM3 Website, (except all User Feeds (defined below)), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained on the TenM3 Website ("Marks"), are owned by or licensed to TenM3, subject to copyright and other intellectual property rights under the law.  Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  TenM3 reserves all right, title and interest in and to the Website, the Content and the Marks, excepting only the licenses expressly granted to you in these Terms of Service.

B. You may access User Feeds solely:

• for your information and personal use;
• as intended through the normal functionality of the TenM3 Website; and
• for Sharing.

"Sharing" means a contemporaneous digital transmission of an audiovisual work via the Internet from the TenM3 Website to a user's device in such a manner that the data is intended for real-time viewing and can be copied, stored, permanently downloaded, or redistributed by the user.  User Feeds are made available "As Is."

C. User Feeds are made available to you for your information and personal use solely as intended through the normal functionality of the TenM3 Website.  User Feeds are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the TenM3 Website or otherwise as prohibited under these Terms of Service.

D. You may access TenM3 Website, User Feeds and other content only as permitted under these Terms of Service. TenM3 reserves all rights not expressly granted in and to the TenM3 Website.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the TenM3 Website or features that prevent or restrict use or copying of any User Feeds or enforce limitations on use of the TenM3 Website.

G. You understand that when using the TenM3 Website, you will be exposed to User Feeds from a variety of sources, and that TenM3 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Feeds.  You further understand and acknowledge that you may be exposed to User Feeds that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TenM3 with respect thereto, and agree to indemnify and hold TenM3, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the TenM3 Website.

6. Your User Feeds and Conduct

A. As a TenM3 account holder you may submit audio-video, and sensor data content and textual content (collectively, "User Feeds").    Furthermore, the User Feeds can be designated Private or Public on the TenM3 Website. You understand that while TenM3 takes reasonable measures to ensure that Private User Feeds are only shared/ distributed to a user group designated by you, TenM3 does not guarantee the confidentiality of any User Feeds. 

B. You shall be solely responsible for your own User Feeds and the consequences of posting or publishing them. In connection with User Feeds, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize TenM3 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Feeds to enable inclusion and use of the User Feeds in the manner contemplated by the Website and these Terms of Service.

C. You retain all of your ownership rights in your User Feeds. However, by submitting User Feeds to TenM3, you hereby grant TenM3 a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Feeds in connection with the TenM3 Website and TenM3's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the TenM3 Website (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each user of the TenM3 Website a non-exclusive license to access your User Feeds through the Website, and to use, reproduce, distribute, display and perform such User Feeds as permitted through the functionality of the Website and under these Terms of Service.    You understand and agree, however, that TenM3 may retain, but not display or distribute server copies of User Feeds that have been removed or deleted.  The above licenses granted by you in User Feeds are perpetual and irrevocable.

D. In connection with User Feeds, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TenM3 all of the license rights granted herein.

E. You further agree that you will not, in connection with User Feeds, submit material that is contrary to the TenM3 Community Guidelines, found at http://www.TenM3.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations

F. TenM3 does not endorse any User Feed or any opinion, recommendation, or advice expressed therein, and TenM3 expressly disclaims any and all liability in connection with User Feeds. TenM3 does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TenM3 will remove all User Feeds if properly notified that such User Feed infringes on another's intellectual property rights. TenM3 reserves the right to remove User Feeds without prior notice.

G. You acknowledge, consent and agree that we may access, preserve and disclose your account information, records regarding your use of the TenM3 Website and records of User Feeds submitted or accessed by you, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this TOS; (iii) respond to claims regarding any User Feeds; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of TenM3 or its Users.

H.  While we use reasonable efforts to provide security consistent with industry standards, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosures.  When using the TenM3 Website, information will be transmitted over a medium that is beyond our control and TenM3 utilizes third party services to deliver the TenM3 Website and related service that are outside the direct control of TenM3.  YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE TENM3 WEBSITE.

I. You will be sent an alert when your account is running low on Data-Transfer or Storage resources. Once the resource expires, the actions associated with that resource can no longer be performed. As an example, once storage resource expires, Feeds and other data will no longer be stored. 

7. Account Termination Policy

A. TenM3 will terminate your access to its Website if, you are determined to be a repeat violator of these Terms of Service.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Feed or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send notifications of claimed infringement to email: copyright [at] TenM3 [dot] com.  Only DMCA notices should be sent at the above email; any other feedback, comments, requests for technical support, and other communications should be directed to TenM3 customer service through support [at] TenM3 [dot] com.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Feed that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TENM3 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. TENM3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TENM3 WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.  TENM3 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TENM3 WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE TENM3 WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TENM3 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TENM3 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TENM3 WEBSITE. TENM3 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TENM3 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TENM3 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL TENM3, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TENM3 WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TENM3 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TENM3 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TENM3 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The TENM3 Website is controlled and offered by TenM3 from its facilities in the United States of America. TenM3 makes no representations that the TenM3 Website is appropriate or available for use in other locations. Those who access or use the TenM3 Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree to comply with all local rules regarding online conduct and acceptable User Feeds. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. Indemnity

You agree to defend, indemnify and hold harmless TenM3, its parent corporation, 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 from or related to: (i) your use of and access to the TenM3 Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that one of your User Feeds caused damage to a third party.  This defense and indemnification obligation will survive these Terms of Service and cessation of your use of the TenM3 Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.  In any case, you affirm that you are over the age of 13, as the TenM3 Website is not intended for children under 13.  If you are under 13 years of age, then do not use the TenM3 Website.  There are lots of other great websites for you.  Talk to your parents or guardian about which websites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TenM3 without restriction.

14. General

You agree that: (i) the TenM3 Website shall be deemed solely based in California; and (ii) the TenM3 Website shall be deemed a passive website that does not give rise to personal jurisdiction over TenM3, either specific or general, in jurisdictions other than California.  These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.  Any claim or dispute between you and TenM3 that arises in whole or in part from the TenM3 Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California and each of us hereby consents to the jurisdiction and venue of such courts.  Notwithstanding the foregoing, we may take interim action in any jurisdiction to protect intellectual property rights, or to enforce a judgment or other decision.  These Terms of Service, together with the Privacy Notice at http://www.TenM3.com/privacy and any other legal notices published by TenM3 on the Website, shall constitute the entire agreement between you and TenM3 concerning the TenM3 Website.  If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.  No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TenM3's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  TenM3 reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.  Your use of the TenM3 Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TENM3 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TENM3 WEBSITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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