Terms of Use

These Terms of Service (“Terms”) govern your access to and use of the Tenga website (“Tenga” or the “Service”). These Terms apply to all users and others who access the Service (“Users”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Tenga, you agree to be bound by these Terms and our Privacy Policy.

Tenga may, in its sole discretion, modify or update these Terms from time to time, and you should review this page periodically. Your continued use of the Service after any such change means your acceptance of the new Terms. If you do not agree with the Terms, do not use or access (or continue to access) the Service.

General Terms. You may use the Service only if you can form a binding contract with Tenga, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder.

You must be at least of the age of sixteen (16) years old to use the Service unless you are under the permitted age and your use of the Service is directly supervised by your parent or guardian or another authorized adult who agrees to be bound by these Terms. Any use or access to the Service by anyone under the permitted age who is not directly supervised by an authorized adult is strictly prohibited.

All or part of the Service may not be available to Users from certain countries for technical reasons or due to local regulations. Tenga may, without prior notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service.

Prohibited Use. You agree not to engage in any of the following prohibited activities:

(1) copying, distributing or disclosing any part of the Service, including without limitation by any automated or non-automated “scraping”;

(2) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service;

(3) transmitting spam, chain letters, or other unsolicited emails;

(4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(6) uploading invalid data, viruses, worms, or other software agents through the Service;

(7) using the Service for any commercial solicitation purposes;

(8) interfering with the proper working of the Service;

(9) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

(10) bypassing the measures we may use to prevent or restrict access to the Service;

(11) copying, imitating, or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of the Service;

(12) framing or hotlinking to the Service or any content other than your own without the prior written consent of the Service.

Tenga reserves the right, at its own discretion, to terminate the user’s access to the Service for multiple infringements.

Intellectual Property. All rights, title, and interest in and to the Service, including our existing or future applications, our APIs, databases and other parts of the Service are and will remain the exclusive property of Tenga. The use of Tenga name or any other distinctive brand features is prohibited.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. Tenga reserves all rights not expressly granted herein in the Service and may terminate this license at any time for any reason or no reason.

By using Tenga you understand and acknowledge that the Service does not have any control over nor are we responsible for any third-party content. Third-parties retain all rights to third-party content and therefore are responsible for protecting their rights as they deem necessary. It is the User’s responsibility to make sure that the User has all required permissions to access and download third-party content. The content that we deliver to you is only accessible per your request and a copy of such content is not maintained on our system for longer than is reasonably necessary for you to download the copy.

Tenga does not sell access or subscription services to copyrighted works; own or operate servers which store access to copyrighted material; share or communicate copyrighted material to the public; provide access to privately available media or media available on payment basis.

It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, including, the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your copyrighted material is being infringed, please let us know by submitting your claim to [email protected]. To submit your claim successfully, you must provide Service with the following information:

• A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
• A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Limitation of Liability and No Warranty. The Service and its content are provided on an “as is” and “as available” basis. Tenga makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Service or their content, and expressly disclaims any warranties or conditions, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Tenga makes no warranty that you will obtain specific results from use of the Service. Your use of the Service is entirely at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tenga SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Tenga FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (the U.S. $100.00).

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You understand and acknowledge that you may be exposed to third-party content that is inaccurate, offensive, indecent, or otherwise objectionable and/or may cause harm to your hardware and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies or claims you may have against the Service.

Indemnity. You agree to defend, indemnify and hold harmless Tenga and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (1) your use of and access to the Service, including any data or content transmitted or received by you; (2) your violation of any part of this Terms, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, applicable law, rule, or regulation. Tenga will not bear responsibility for any damages, claims, liabilities, losses, and other expenses, whether or not a lawsuit or other proceeding is filed, that arise out of the User's breach of these Terms. To the maximum extent permitted by the applicable law, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action, or collective arbitration.

Third-Party Links. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Tenga. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that Tenga has no liability arising from your use of or access to any third-party website, service, or content.

Miscellaneous. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Tenga without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Tenga's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only. In case of any issues related to these Terms, please use the e-mail address [email protected] to contact us.

Effective June 1, 2021