TERMS AND CONDITIONS OF USE

These terms and conditions of use, the Privacy Policy and Cookie Policy and all supplemental terms, as amended from time to time (the “Terms“) govern your use of any website, online or mobile product, apps or service offered by Us (“Ten Toes Services”) made available to you (“You“/”Your“).  By accessing or installing any of these Ten Toes Services You accept and agree to be bound by these Terms. If you do not agree to these Terms then do not access or use the Ten Toes Services.

These Ten Toes Services are made available by Ten Toes Media Limited, a limited company registered in England and Wales under registration number 09944042, and our registered address is 3 Coldbath Square, Coldbath Square, London, England, EC1R 5HL (“We“/”Us“/”Our“).

The Ten Toes Services may include downloadable software provided to You by Us to grant You access to audio visual content within the Ten Toes Services and technology to access content and features of the Ten Toes Services such as downloadable content.  The products, applications, website and any content forming part of the Ten Toes Services are owned by Us or Our affiliates, subsidiaries, licensors or suppliers.

Subject to these Terms We hereby grant You a personal, non-exclusive, non-transferable limited scope licence to access the Ten Toes Services, all content included within the Ten Toes Services solely for Your personal and non-commercial use.

Please keep a copy of these Terms for future reference.  We may change these Terms for legal, regulatory or security reasons or for any other reason by giving You notice by email or via updates or posting on our website www.tentoesmedia.com or by asking You to re-confirm Your acceptance of the Terms.  Your continued use of our website, app(s) or any other aspect of the Ten Toes Services will be deemed Your acceptance of the amended Terms.

1. YOUR LEGAL OBLIGATIONS AND PROMISES TO US

1.1 You confirm that:

1.1.1 all information and details provided by You are true, accurate and up to date. The rights granted under these Terms are personal to You and You must not make the Ten Toes Services available to anyone else;

1.1.2 You will comply with the Rules of Conduct relating to Your use of the Ten Toes Services and/or Virtual Items as set out in Section 3 and 4 below, and You will comply with any other restrictions set out elsewhere in these Terms;

1.2 You agree to compensate Us where We pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from Your use of the Ten Toes Services and/or Our services including any breach of these Terms or Your violation of any law or the rights of a third party.

1.3  If We take legal action against You for non-payment or any other breach of these Terms and a court makes an award in Our favour, You will be responsible for all costs allowable by the courts.

2. USE OF THE TEN TOES SERVICES

2.1 Use of certain Ten Toes Services, for example any of our apps may require an account with the platform operator e.g. Apple/Amazon/Google (and/or Us). If you don’t already have an account and such account is required, You will be prompted to set one up before downloading our app (“Your Account“). Your access to Our apps will be linked to Your Account and You are required to comply with the requirements set out in these Terms together with any operable platform operator terms you may have signed up to in relation to Your Account.

3. RULES OF CONDUCT

3.1 You agree that in using the Ten Toes Services or any part thereof You will not:

3.1.1 use the Ten Toes Services for any purpose other than for Your personal use;

3.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Ten Toes Services or any portion thereof;

3.1.3 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Ten Toes Services security measures;

3.1.4 partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Ten Toes Services (where user-generated content or an online community exists);

3.1.5   promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software;

3.1.9 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Ten Toes Services;

3.2 Subject to section 1 We have no liability for any loss or damage caused by Your or any third party’s violation of the rules of conduct set out in this section 3.

3.6 Our website and apps may include video advertising that may be downloaded onto your device. If you do not wish these video ads to use your mobile device data, you should go to the ‘settings’ section of your mobile device and deactivate the mobile data for the app.

4. USER GENERATED CONTENT

4.1  All remarks, suggestions, ideas, graphics, or other information communicated, posted or uploaded by You to the Ten Toes Services (“User Generated Content” or “UGC””) shall forever be Our property.  We shall have exclusive ownership of all present and future existing rights to the UGC of every kind and nature, everywhere.

4.2  We shall be entitled to use Your UGC for any purpose whatsoever, without compensation to You or any other person submitting the UGC.

4.3  You acknowledge that You are responsible for whatever material You submit, and You, not Us, have full responsibility for the UGC, including its legality, reliability, appropriateness, originality, and copyright.  You agree that We shall not under any circumstances be liable for any UGC.

4.4  We, or third parties engaged by Us, may monitor and/or moderate UGC but We do not guarantee the accuracy, quality, or integrity of any UGC posted via the app, website or any part of the Ten Toes Services. By using the app and/or Our website and/or any other part of the Ten Toes Services, You acknowledge and accept that You may be exposed to material You find offensive or objectionable.

4.5  We reserve the right to remove and permanently delete any UGC from the app and/or Our website and/or any other part of the Ten Toes Services with or without notice.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the Ten Toes Services, all content appearing within the Ten Toes Services throughout the world belong to Us, Our licensees or affiliates, that rights in the Ten Toes Services are licensed to You and You do not acquire any rights in the app, website, or any other part of the Ten Toes Services other than the right to use the app, website and Ten Toes Services under the terms of this licence. By content, we mean the software, video, audio, music, text, characters, communications, images, sounds and all material and information included within the App and any related services.

5.2 Any use by You of any of Our intellectual property other than as permitted under these Terms may only be undertaken with Our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the app, website, Ten Toes Services or other than as expressly permitted in these Terms.

6. SUSPENSION AND TERMINATION

6.1 We may suspend, restrict or terminate Your access to the app, website, and/or any other part of the Ten Toes Services and consequently suspend or terminate the licence granted to You under these Terms, if:

(a) You breach of any of the restrictions or provisions in these Terms;

(b) for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control in accordance with Section 10.5; and/or

(c) We decide to withdraw the app, website or any other part of the Ten Toes Services from the market for any reason in our sole discretion.

6.2  Should We wish to terminate this licence We will notify You in writing by email or within the app, website or other part of the Ten Toes Services as appropriate. If you do not consent to receiving notices electronically You must stop using the website, app and Ten Toes Services. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the website, app and/or Ten Toes Services.

7. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

7.1 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation, death or personal injury resulting from Our negligence or the negligence of Our employees or agents, or any other liability which cannot be excluded or limited under applicable law.

7.2 We do not accept any liability for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the app, website and/or the Ten Toes Services.

7.3 Access to the Ten Toes Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or due to events beyond Our reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God.

7.4 We do not make any representation or give any guarantee (whether express or implied) in respect of the Our Ten Toes Services, including, without limitation, any advice given to You (on a personal or general basis). Nothing in this Section 10 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

7.5 Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and/or in connection with the Ten Toes Services shall be limited in aggregate to the sum paid by You to Us in the one year period prior to any claim issued by You.

8. DATA PROTECTION, SECURITY AND PRIVACY

8.1 Our Privacy Policy is set out at www.tentoesmedia.com/cookies-policy and details how we collect and use Your personal data and other information regarding Your privacy.

8.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching any provision of these Terms due to behaviour that may be deemed a criminal offence or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the App.

8.3 We are registered as a data controller for the purposes of the EU General Data Protection Regulation. If You have any queries about how We use Your personal data please contact ben@tentoesmedia.com.

9.  GOVERNING LAW AND JURISDICTION

9.1 In the event of any dispute between You and Us concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law.  If You wish to take court proceedings against Us You must do so within England and Wales.

These Terms were last updated on 14th August 2018.

© 2018 Ten Toes Media Limited. All Rights Reserved.