Terms of Service

TenthBit Terms of Service

Last updated: March 9, 2012


The following terms and conditions govern all use of the Couple mobile applications and services (“Applications”). Couple is owned and operated by TenthBit Inc. (“TenthBit”). The Applications are 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, TenthBit’s Privacy Policy) and procedures that may be published from time to time on this site by TenthBit (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Applications. By accessing or using the Applications, 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 or use the Applications. If these terms and conditions are considered an offer by TenthBit, acceptance is expressly limited to these terms. The Applications are available only to individuals who are at least 13 years old.

Your Couple Account.

If you create a Couple account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify TenthBit of any unauthorized uses of your account or any other breaches of security. TenthBit 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.

Responsibility of Contributors.

If you create or submit any content whatsoever (“Content”) to the Applications, or allow any third party to create or submit Content to the Applications, 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, video, location data, or binary data.

By submitting Content, 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 is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

your account is not named in a manner that misleads your partner into thinking that you are another person. For example, your name and email address do not belong to someone other than yourself.

Submitting Content.

By submitting Content to TenthBit for inclusion in the Applications, you grant TenthBit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying to the person with whom you were paired, or for whom you were waiting to confirm pairing, at the time of submission. If you delete Content, TenthBit will use reasonable efforts to remove it from the database, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, TenthBit has the right (though not the obligation) to, at TenthBit’s sole discretion (i) refuse or remove any content that, in TenthBit’s reasonable opinion, violates any TenthBit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Applications to any individual or entity for any reason, at TenthBit’s sole discretion. TenthBit will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Application Users.

TenthBit has not reviewed, and cannot review, the Content submitted to the Applications, and cannot therefore be responsible for that Content’s content, use or effects. By operating the Applications, TenthBit 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. The Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Applications 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. TenthBit disclaims any responsibility for any harm resulting from the use by users of the Applications, or from any downloading by those users of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Applications link, and that link to the Applications. TenthBit does not have any control over those non-Couple websites, and is not responsible for their contents or their use. By linking to a non-Couple website or webpage, TenthBit does not represent or imply that it endorses such website or webpage. TenthBit disclaims any responsibility for any harm resulting from your use of non-Couple websites and webpages.

Intellectual Property.

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

Advertisements.

TenthBit reserves the right to display advertisements in the Applications.

Changes.

TenthBit 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 Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. TenthBit may also, in the future, offer new services and/or features through the Applications (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.

Termination.

TenthBit may terminate your access to all or any part of the Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your couple account (if you have one), you may simply discontinue using the Applications, or you may request account deletion by emailing support@tenthbit.com. 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.

Disclaimer of Warranties.

The Applications are provided “as is”. TenthBit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TenthBit nor its suppliers and licensors, makes any warranty that the Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Applications at your own discretion and risk.

Limitation of Liability.

In no event will TenthBit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TenthBit under this agreement during the twelve (12) month period prior to the cause of action. TenthBit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Applications will be in strict accordance with the TenthBit Privacy Policy, 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 United States or the country in which you reside) and (ii) your use of the Applications will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless TenthBit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Applications, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between TenthBit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TenthBit, or by the posting by TenthBit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Applications will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TenthBit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Questions?

Please contact us at support@tenthbit.com if you have any questions about our terms of service.

TenthBit, Inc. 59 Grant Avenue, Suite 300 San Francisco, CA 94108 U.S.A.

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