Terms of Service

These Terms of Service ("Terms"), govern your access to and use of the service, including our website and mobile applications, (the "Service" or “TenWords”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

INAPPROPRIATE USE

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in TenWords’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose TenWords or its users to any harm or liability of any kind.

THIRD-PARTY LINKS, SITES, AND SERVICES

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TenWords. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from TenWords, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that TenWords shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content. The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by TenWords on the Service are subject to change. In consideration for TenWords granting you access to and use of the Service, you agree that TenWords and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

NO REPRESENTATIONS OR WARRANTIES BY TENWORDS

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY TENWORDS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TENWORDS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TENWORDS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TENWORDS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TENWORDS ENTITIES EXCEED THE AMOUNT YOU PAID TENWORDS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TENWORDS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TERMINATION

TenWords may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your TenWords account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of TenWords’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

PRIVACY

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://tenwords.co/privacy. Any information that you provide to TenWords is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the European Union and/or other countries for storage, processing and use by TenWords. By using the Service, you consent to the terms of the Privacy Policy.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the Republic of Lithuania and the European Union without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Vilnius, Lithuania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

WAIVER AND SEVERABILITY

The failure of TenWords to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

ENTIRE AGREEMENT

These Terms and our Privacy Policy are the entire and exclusive agreement between TenWords and you regarding the Service (excluding any services for which you have a separate agreement with TenWords that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TenWords and you regarding the Service. Other than TenWords, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time, the most current version will always be at https://tenwords.co/tos. If the revision, in our sole discretion, is material we will notify you via our service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

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