Terms of Service
Last Updated: October 18, 2019
Welcome to "Ten",
provided by Get Attached Inc. (“Get Attached”, “we”, “us”, “our”).
Please read these
Terms of Service (the “Terms”)
because they govern
your use of our website located at
sharewithTen.com (the “Site”) and
our automatic photo filtering and sharing services
accessible via our Site and
our mobile device application (“App”).
To make these Terms easier to read,
our services and
App are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION “SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Get Attached WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features, including the sharing features, of the Services you’ll have to create an account (“Account”).
You can do this via the App by providing your phone number or email address and also your name.
In order to create the Account you may also need to confirm your phone number or email address by entering a code sent to your phone number or email address, depending on which you entered.
You agree to receive emails, text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
We may also allow you to create an Account through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”).
If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name, email address and phone number and other personal information that your privacy settings on the SNS Account permit us to access.
You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services; (iii) “Device Content” means the content on your device that you grant the Services access to, for example, your address book or your Media; (iv) “Media” means photos, images, videos and other audio-visual content; and (v) “Derived Media Data” means the information and data contained in and related to, your Device Content, including, without limitation, the data and information your device stores about and with your Device Content and data the Services may derive based on analysis of your Device Content. Content includes, without limitation, User Content. Device Content includes, without limitation, Derived Media Data.
Sharing User Content
The Services allow you to share User Content with other users.
You are able to select Media, for example photos, from your Device Content to share via the Services.
The Services also contain an automatic sharing feature that will automatically select Media from your Device Content to share via the Services.
Once the Services select Media to share, by default, you will have 1 hour to decide whether to allow the Services to share the selected Media, after which the automatically selected Media will be shared via the Services.
Any Device Content shared via the Services, whether selected by you or the Services, is User Content.
By using the Services you agree to allow the Services share automatically selected Device Content in accordance with these Terms.
You can also choose to disable automatic selection.
Get Attached may remove User Content from the Services periodically and without warning. You should not expect to, and should not, use the Services as a repository for your User Content.
When the Services select Media from your Device Content to share via the Services, the Services will attempt not to share, any Media containing nudity, documents, credit cards, blurry photos along with other categories we may determine later that are not suitable for automatic sharing. However, Get Attached cannot, and does not, guarantee that Media containing such categories will not be selected for sharing or ultimately shared via the Services. You may also choose to pre-select that certain Media in your Device Content not be shared via the Services by choosing to “hide” it in the App. If you or the Services determine that certain Media in your Device Content is not suitable for sharing, then that Media, except for the Derived Media Data, will not be sent to Get Attached and will not be shared via the Services, unless you choose to manually share such Media.
Furthermore, if you do not wish to use the automatic sharing feature of the Services, you can turn off this feature in the App by choosing the “manual” or “private” mode. In the “manual” mode you can still share User Content via the Services and Derived Media Data will still be sent to Get Attached. In the “private” mode you will not be able to share User Content via the Services and Derived Media Data will not be sent to Get Attached.
Objectionable Content Policy
Objectionable Content may not be shared on Ten. Objectionable content includes, but is not limited to: (i) sexually explicit materials: (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive and fraudulent: (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms: and (v) gambling including without limitation, any online casino, sports books, bingo or poker. Ten has the right to remove any Objectionable Content at any time.
Except as provided in the following sentence and not withstanding any other provision in these Terms, Get Attached shall not be liable in any manner to you for any User Content that is shared by your Account via the Services, regardless of whether such sharing was initiated by you or by the Services. In the event that User Content selected by the Services is shared via your account that you did not want to be shared, within the App you can chose to stop sharing and delete such User Content, and Get Attached will user commercially reasonable efforts to remove such User Content from the Services.
Content Ownership, Responsibility and Removal
Get Attached does not claim any ownership rights in any User Content or Device Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content or Device Content. Subject to the foregoing, Get Attached and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Device Content Granted by You
In order to use certain aspects of the Services, you will need to allow the App access to Device Content. By allowing the App access to Device Content, you hereby grant to Get Attached a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your Device Content in connection with operating and providing the Services to you, including the betterment of the Services. With the exception of Derived Media Data, we will not upload your Device Content to our servers unless such Device Content have been selected, either by your or the Services in accordance with these Terms, to be shared.
Rights in Derived Media Data Granted by You
You hereby grant to Get Attached a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, and create derivative works based upon Derived Media Data in connection with operating and providing the Services to you, including the betterment of the Services. We my send the Derived Media Data to, and store it on, our servers in accordance with these Terms, and you hereby grant us permission to do so.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Get Attached a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Get Attached on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Get Attached
Subject to your compliance with these Terms, Get Attached grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content and, if you are an Account holder, to modify and create derivative works of other Account holders’ User Content, in each case solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for App
Rights in App Granted by Get Attached
Subject to your compliance with these Terms, Get Attached grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Get Attached reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Get Attached’s Enforcement Rights
You must access and use our Services only for legal, authorized, and acceptable purposes. You agree not to, and not to assist others to, use the Services in ways that: (i) infringe, misappropriate, or violate the rights of Get Attached, users of the Services, or any third party, including intellectual property rights, rights of publicity or privacy, or other proprietary rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
You also agree not to, and not to assist others to, access or use the Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others. In addition you agree not to, and not to assist others to, (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (ii) send, store, or transmit viruses or other harmful computer code through or onto our Services; (iii) gain or attempt to gain unauthorized access to our Services or systems; (iv) interfere with or disrupt the integrity or performance of our Services; (v) create accounts for our Services through unauthorized or automated means; (vi) collect the information of or about our users in any impermissible or unauthorized manner; or (vii) sell, resell, rent, or charge for our Services.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Get Attached respects copyright law and expects its users to do the same. It is Get Attached’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Get Attached’s Copyright Policy at getattached.com/copyright, for further information.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time within the App. Upon any termination, discontinuation or cancellation of Services or your Account, Get Attached may delete or destroy all of your User Content and all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
NEITHER Get Attached NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not GET ATTACHED has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In no event will Get Attached’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO GET ATTACHED FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GET ATTACHED, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GET ATTACHED AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. Subject to the “Dispute Resolution” provisions below, any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in state or federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Agreement to Arbitrate
You and Get Attached agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Get Attached with written notice of your desire to do so by email or regular mail at 1 Little West 12th Street, New York, NY 10014 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Get Attached with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Get Attached with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Get Attached with an Arbitration Opt-out Notice, you acknowledge and agree that you and Get Attached are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Get Attached otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section, will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Get Attached otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Get Attached submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Get Attached will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Get Attached will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Get Attached changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Get Attached’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Get Attached in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Get Attached and you regarding the Services, Content and Device Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Get Attached and you regarding the Services Content and Device Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Get Attached’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Get Attached may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Get Attached under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Get Attached’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Get Attached. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Get Attached at email@example.com.