The materials on the website are provided by Tenssor or Tenssor Cloud as a service to its customers and may be used for informational purposes only. The following terms and conditions govern all use of the Site, all of the materials, documents, text, images, graphics, animation, videos, software and other information and content included in or available at the Site and the services available at the Site (taken together with the Site and the Content, the “Service“). The Service is owned and operated by Tenssor or Tenssor Cloud. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Tenssor or Tenssor Cloud (collectively, the “Terms of Use”).

The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Tenssor or Tenssor Cloud may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

If you do not agree to all of these Terms of Use, then do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY CONTENT OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

1. CHANGES

Tenssor or Tenssor Cloud reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Except as just specified, these Terms of Use may not be amended except by a written instrument executed by you and Tenssor or Tenssor Cloud.

2. PRIVACY

Tenssor or Tenssor Cloud’s current privacy policy is available here (the Privacy Statement), which is incorporated by this reference. Tenssor or Tenssor Cloud will not edit, delete or disclose the contents of your data in connection with the Service unless (1) reasonably necessary to perform the Service, (2) authorized by you, (3) otherwise permitted under the Privacy Statement or (4) Tenssor or Tenssor Cloud is required to do so by law or regulation, or in the good faith belief that such action is necessary (i) to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) to protect or defend the rights or property of Tenssor or Tenssor Cloud or any other user or (iii) to enforce the Terms of Use.

3. RULES AND CONDUCT

The Service is provided only for your use for internal business purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As conditions of your use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Tenssor or Tenssor Cloud; you agree to abide by all applicable local, state, national and international laws, and regulations; and you agree not to provide Tenssor or Tenssor Cloud with any confidential or proprietary information that you desire or are required to keep secret.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

• nother’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Use or any law in any jurisdiction;
• Infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any party;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); imposes an unreasonable or disproportionately large load on Tenssor or Tenssor Cloud’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
• Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Tenssor or Tenssor Cloud or any third party;
• Harvests or collects any information from the Site; or
• impersonates any person or entity, including any employee or representative of Tenssor or Tenssor Cloud.

Tenssor or Tenssor Cloud may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to strictly conform with any provision of this section. Tenssor or Tenssor Cloud has no obligation to monitor the Service or any use thereof. However, Tenssor or Tenssor Cloud reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

4. THIRD-PARTY SITES

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Tenssor or Tenssor Cloud’s control, and you acknowledge that Tenssor or Tenssor Cloud is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites and if you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. The inclusion of any such link does not imply endorsement by Tenssor or Tenssor Cloud or any association with its operators.

5. LICENSE TO Tenssor or Tenssor Cloud

If you upload, submit or otherwise disclose or distribute the content of any kind at the Site or otherwise through the Service, then you hereby:

• Grant and agree to grant to Tenssor or Tenssor Cloud, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
• Represent and warrant to Tenssor or Tenssor Cloud that you own or otherwise control all rights to such content and that disclosure and use of such content by Tenssor or Tenssor Cloud (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party;
• Acknowledge that the content will not be treated confidentially, Tenssor or Tenssor Cloud will have no obligations with respect to such content and no compensation will be paid with respect to the use of your Submission, as provided herein; and
• Agree that Tenssor or Tenssor Cloud is under no obligation to post or use any content you may provide and Tenssor or Tenssor Cloud may remove any such content at any time in its sole discretion.

6. TERMINATION

Tenssor or Tenssor Cloud may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may discontinue using the Service at any time. Upon any termination or discontinuance, you will immediately destroy all Content in your possession and certify to Tenssor or Tenssor Cloud that you have done so.

7. INDEMNIFICATION

We may, without notice and in our sole and absolute discretion, discontinue, suspend or terminate your access to the Website or any service offered by or through the Website.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

8. INTERNATIONAL USE

Tenssor or Tenssor Cloud makes no representation that the Service is appropriate or available for use in locations outside Australia, and accessing the Service is prohibited from territories where doing so would be illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

9. APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

10. INTEGRATION AND SEVERABILITY

These Terms of Use (together with any applicable Download Agreement) are the entire agreement between you and Tenssor or Tenssor Cloud with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tenssor or Tenssor Cloud with respect to this Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

11. MISCELLANEOUS

These Terms of Use and access to the Service contemplated hereunder are personal to you and are not assignable, transferable or sublicensable by you except with Tenssor or Tenssor Cloud’s prior written consent. Tenssor or Tenssor Cloud may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. You may not use or export the Content in violation of U.S. export laws and regulations. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

12. COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, these Terms of Use are Copyright © 2015 Tenssor or Tenssor Cloud. All rights reserved.

Tenssor or Tenssor Cloud’s trademarks may be used publicly with permission only from Tenssor or Tenssor Cloud, and nothing in these Terms of Use shall be construed as granting such permission. Fair use of Tenssor or Tenssor Cloud’s trademarks in advertising and promotion of Tenssor or Tenssor Cloud products and services require proper acknowledgment.

13. CONTACT

If you have any questions about these Terms of Use or otherwise need to contact us, please find below the contact detail or visit the Contact page of our website.