We are pleased to offer MusicU at a very low rate. Your payment helps us pay for your video storage.

Regular accounts

• Two-week (14 days) free trial period after initial log in
• $1 for a 120-day period after that (basically one university semester)
• Credit card payments only

Instructor account

• Free
• Instructors are able to create and manage groups

Effective June 24, 2020

Overview

This Privacy Policy is here to help you understand how we collect, use, disclose, and process your Personal Data (as defined below). We also describe your choices and rights with respect to how we process that Personal Data. Please read this policy carefully.

Who We Are

This is the Privacy Policy (“Policy”) of TenutoWeb LLC. (“Company”, “us”, “our”, or “we”), a Colorado limited liability company. You can contact us here.

Applicability

This Privacy Policy applies to our website located at www.tenutoweb.com, including any subdomains, mobile versions, and any other sites that link to or post this Privacy Policy (collectively, the “Site”).

Agreement

This Policy is incorporated into the Terms of Use governing your use of our Site. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in the Terms of Use.

Your continued use of our Site indicates your acknowledgement of the practices described in this Policy.

Third Parties

This Policy does not apply to the practices of third parties, for example, when we, or you, provide your information to a third party. Please review any third-party privacy policies before disclosing your Personal Data to them.

Collection and Use of Personal Data

Personal Data We Collect

We may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements listed in each category are only examples and may change):

Identity Data:

Personal Data about you and your identity, such as your first name, last name, and other similar Personal Data you may provide on various forms available through the Site.

Contact Data:

Personal Data used to contact you, e.g. email address(es), physical address(es), phone number(s), or other communications platforms’ usernames/handles, as well as a name or other salutation.

Device/Network Data:

Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application or device IDs, identifiers from cookies, session history, site-referral, and other data generated through applications and browsers, including cookies and similar technologies.

Financial Data:

Personal Data relating to credit cards, bank accounts or other payment information, and other relevant information you provide in connection with a financial transaction.

User Content:

Information that a user provides as part of a file upload, text entry, or other unstructured or free-form data provided to us through the Site, including articles, abstracts, summaries, biographies, etc., as well as any Personal Data to the extent included in that User Content.

How We Collect Personal Data

We collect Personal Data from various sources based on the context in which the Personal Data will be processed:

Data we collect from you:

We collect Personal Data from you directly, for example, when you complete an online form or contact us directly.

Data we receive from others:

We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction, for example, we may receive certain customer information (e.g. name, contact, and shipping information) when you purchase a product using a third party payment service provider.

Data collected automatically:

We may collect certain Personal Data automatically, for example, we collect Device/Network Data automatically using cookies and similar technologies when you browse our Site.

How we Process Personal Data

Platform

Data: Users may request to be registered and create an account on our Platform. We will process Identity Data and Contact Data in connection with the creation, operation, and maintenance of that account. If you choose to use the online payment options on our Platform, we may also collect Financial Data.

Uses: We use Identity Data, Contact Data, and Financial Data as necessary to create, maintain, and provide you with important information about your account, or process the transactions you request. Additionally, we use the Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction. Subject to Your Rights & Choices, and consistent with our legitimate business interests, we may process Identity Data and Contact Data in connection withMarketing Communications, Aggregate Analytics, Internal Processes and Services Improvement, and for other lawful purposes described below.

Communication

Data: When you contact us using the contact us forms on our Site we process certain Personal Data such as Identity Data, and any Personal Data contained within any User Content.

Uses: We use Identity Data, Contact Data, and User Content as necessary to communicate with you about the subject matter of your request and related matters. Subject to Your Rights & Choices, we may also use Identity Data and Contact Data to in connection with Aggregate Analytics, Internal Processes and Services Improvement, and for other lawful purposes.

Cookies and Similar Tracking Technologies

Data: We, and certain third parties, may process Contact Data and Device/Network Data when you interact with cookies and similar technologies on our Site. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.

Uses: Subject to Your Rights & Choices, we use this information as follows:

1. 1. For “essential” or “functional” purposes, such as to enable various features of the Site such as remembering passwords, or staying logged in during your session; and
   2. For “analytics” & “performance” purposes, consistent with our legitimate interests in how the Site is used or performs, how users engage with and navigate through the Site, what sites users visit before visiting our Site, how often they visit our Site, and other similar information.

Note: Some of these technologies may be used by our third-party partners to identify you across platforms, devices, websites, and services.

Specific Processing Purposes

Internal Process and Service Improvement

Subject to Your Rights & Choices, we may process any information we collect in connection to analyze how users interact with our Site, in connection with market research, for product and service improvements, and as necessary to monitor and maintain the integrity and security of our Site and the data we process.

Aggregated Analytics

We will collect and aggregate on an anonymous basis information about you, including with information about other users of the Site in order to identify trends, security anomalies, process maps, or other proprietary data (“Aggregated Data”). We may share Aggregated Data with the third parties referred to in the section below to improve the functionality and effectiveness of the Site. Aggregated Data will not contain information from which you may be personally identified.

Miscellaneous Processing

If we process Personal Data in connection with our Site in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights & Choices) unless otherwise stated when you provide it.

Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see Data Sharing for more information about how we disclose Personal Data in extraordinary circumstances.

Data Sharing

Generally

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients and associated business purposes described below.

Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain Site functions or process data on our behalf. For example, we may use cloud-based hosting providers to host our Site, disclose information as part of our own internal operations. When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content.

Event Operators: In connection with the operation of events, we may share Identity Data, Contact Data, and User Content collected during user registration with event organizers and other relevant parties to facilitate the registration, scheduling, or processing of festival or competition participants.

Corporate Events: Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates: In order to streamline certain business operations, share promotions and content we believe would be of interest to you, and develop products and services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

Your Rights & Choices

Your Rights

To the extent required under applicable law, and subject to our rights or obligation to limit or deny access or disclosure, you may have the following rights in Personal Data:

List of Data: You may receive a list of the specific Personal Data about you that we process.

Rectification: You may correct any Personal Data that we hold about you.

Erasure: You may request that we delete your Personal Data from our systems.

Data Export: We will send you a copy of your Personal Data in a common portable format of our choice.

California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. You may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and if we receive a verifiable request from you, receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

You may exercise these rights by contacting us at the email address below. We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to verify your identity.

Note: While we may notify third parties of your request, we are able to fulfill rights requests regarding Personal Data we control or process, and we may not have access to or control over Personal Data controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Your Choices

You have the following choices regarding the Personal Data we process:

Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of the service.

Cookies & Similar Tech: If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third party services directly via the third party. Please note, at this time, our Site does not respond to your browser’s do-not-track request.

Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes, including without limitation, situations where we process in accordance with our legitimate interests. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.

Security

We follow and implement reasonable security measures to safeguard the Personal Data you provide us. However, we sometimes share Personal Data with third parties as noted above, and we do not have control over third parties’ security processes. Please note, we do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.

International Transfers

We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S.

Data Retention

We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.

Minors

Our Site is neither directed at nor intended for use by children under the age of 13. Further, we do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it.

Changes to Our Privacy Policy

We may change this Privacy Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Site following notice of any changes indicates acceptance of any changes.

Contact Us

Feel free to contact us with questions or concerns using the appropriate address below.

General inquires: info@tenutoweb.com

Effective: June 6, 2019

Overview

Welcome to MusicU by TenutoWeb! This service is owned or operated by TenutoWeb, LLC (“TenutoWeb”, “us,” “our,” or “we”). These Terms of Use ("Terms") set forth the terms and conditions under which you are authorized to use our “Service” which includes our website located at www.tenutoweb.com or other websites where these Terms are posted (the “Site”), and our TenutoWeb Software as a Service platform (the “Platform”).

Through your use of our Service, you agree to these Terms.

Additional Agreements

To the extent additional rules or guidelines of TenutoWeb affect your use of our Service, those rules and guidelines (including our Privacy Policy found in this site) are hereby incorporated by reference into these Terms. Additionally, we may provide our Service to you pursuant to a services agreement or other contract (“Service Agreement”). In the event of a conflict between these Terms and our Privacy Policy or any Service Agreement, the Privacy Policy or Service Agreement shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in the Service Agreement or Privacy Policy.

Your Access to the Service

As a condition of your right to access and use our Service, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Service under the laws of the United States or any other country. TenutoWeb reserves the right to terminate your access in the event you violate these Terms or any Service Agreement. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.

Third-party Platform and Content

We may use third party service providers in order to provide the Service to you. Except in connection with their use of our Service, these third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than TenutoWeb will be at your own risk. Your use of any third-party-operated websites/services may be subject to additional terms of use and privacy policies.

Consent to Electronic Communications

By using the Service, you agree that TenutoWeb may communicate with you electronically regarding your use of the Service and related matters, and that any notices, agreements, disclosures or other communications that TenutoWeb sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify TenutoWeb at info@tenutoweb.com.

Modifications and Interruption to the Service

We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that our Service will be error free. You understand that usage of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Restricted Activities

You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service):

1. Violate or encourage the violation of any local, state, national, or international law or regulation;
2. Collect or store personal data about other users of our Service or solicit personal information from any individual without proper rights or consent of the individual;
3. Send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by TenutoWeb in its sole discretion;
4. Infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. Promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
6. Disrupt or interfere with the security or use of the Service or any websites or content linked to them;
7. Interfere with or damage the integrity of the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
8. Use the Service to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
9. Attempt to use another user’s account, misrepresent your affiliation with a person or entity, including (without limitation) TenutoWeb, or create or use a false identity;
10. Attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
11. Use any meta tags or any other “hidden text” utilizing TenutoWeb name, trademarks, or product names;
12. Attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
13. Engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
14. Assist any third party in engaging in any activity prohibited by these Terms.

Further, without our written consent, you may not:

1. Reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any TenutoWeb content or any use of or access to the Service;
2. Use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the Content contained thereon, unless in connection with commercial search engine indexing;
3. Deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service;
4. Access the Service in order to build a competitive service or to benchmark with a non-TenutoWeb service; or
5. Reverse engineer the Service (to the extent such restriction is permitted by law).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TENUTOWEB, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify, defend, and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Service, or other use of our Service in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Service using your computer, device or account.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Service, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by TenutoWeb or its licensors, with all rights reserved, or in some cases may be licensed to TenutoWeb by other third parties. This Content is protected by the intellectual property rights of TenutoWeb or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with TenutoWeb.

Permitted Use of the Content

Any use of Content on the Service, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TenutoWeb or as part of a Client agreement with TenutoWeb, is strictly prohibited. You may not make any use of Content owned by any third parties which is available on the Service, without the express consent of those third parties.

Content Complaints

If you believe that any Content on our Service violates these Terms or is otherwise inappropriate, please report the Content by contacting us at info@tenutoweb.com.

Notification of Claimed Copyright Infringement

In the event that you find content posted on our Service which you believe to be an infringement of the copyright of any third party, please immediately contact TenutoWeb’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):

Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;

1. A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
2. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
3. If your claim is based on a registered work, the registration number, and the date of issuance of the registration;
4. A description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
5. Your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
6. A statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

TenutoWeb Attn: DMCA 13270 Raritan Ct. Westminster CO 80234

E-mail: info@tenutoweb.com, subject line “DMCA Notice”

In accordance with the DMCA, it is the policy of TenutoWeb to terminate use of our Service by repeat infringers in appropriate circumstances.

User-Submitted Content

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation all photos, documents, messages, and any other Content which does not originate with TenutoWeb ("User Content"), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will TenutoWeb be liable in any way for any User Content made available through the Service by you or any third party.

Since TenutoWeb does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, accuracy, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Service, you may encounter Content that you may consider to be objectionable. User Content is owned by the author thereof, and TenutoWeb does not claim ownership of original works created and posted by individual visitors to the Service. TenutoWeb reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by TenutoWeb of such discretion shall not convert or transform User Content to content owned or provided by TenutoWeb, and the user who made such User Content available on the Service will retain ownership thereof as described below.

Providing Feedback to TenutoWeb

We welcome your comments and feedback about our Service. All information and materials submitted to TenutoWeb through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of TenutoWeb (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but TenutoWeb reserves the right to treat any such Feedback as the confidential information of TenutoWeb.

By submitting Feedback to TenutoWeb, you assign to the TenutoWeb Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Governing Laws

The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Denver, Colorado, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by TenutoWeb.

Dispute Resolution

By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Notice for California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Service, without further notice to you. Your continued use of any of our Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.

Other Terms

Privacy - Refer to TenutoWeb’s Privacy Policy to understand how TenutoWeb collects, uses, and discloses your personal information. The Service is not directed to, and not intended for the use of children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Service.

Assignment - These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use are not assignable or transferable by you without the prior written consent of TenutoWeb. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition, or otherwise.

Integration - These Terms of Use (including all Additional Agreements and other policies or terms incorporated herein) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

Waiver – Except as expressly provided herein, no failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Severability - If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of TenutoWeb.

Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Relationship - No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

Force Majeure - TenutoWeb will not be liable for any failure or deficiency in the performance or availability of the Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to TenutoWeb, fire, terrorism, natural disaster, or war.