Welcome to Tenor! Please read these Terms of Service (the “Terms”) carefully, because they are a contract between you and Tenor (“Tenor,” “our,” or “we”) governing the use of Tenor’s website, located at http://marriedprank.com (the “Site”), and Tenor’s mobile and desktop applications and extensions (the “Apps”) through which users can select and use GIFs and other short animations and videos to communicate through email and messaging applications. To make these Terms easier to read, our Site, our App and the associated services we provide are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. Please note that while the App and the Services may bear the branding of a Tenor partner or licensor, you are receiving the Services from Tenor, and you are entering into these Terms as an agreement with Tenor.
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using our Services. Children under the age of 13 are strictly prohibited from using the Services. By using the Services, you represent and warrant to Tenor that you have all requisite power and authority to enter into and comply with these Terms.
If you want to use certain elements of the Services, you’ll have to create an account (“Account”). You can do this via the App using your email address and user name, or by linking your valid account on a social networking service (“SNS”) through which you have connected to the Services (each such account, a “Third-Party Account”), by allowing Tenor to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tenor and/or grant Tenor access to your Third-Party Account (including, but not limited to, for use for the purposes described herein).
It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
If you choose to link your SNS Account to your Tenor Account, you understand that Tenor may access, make available and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Tenor Account. For example, Tenor may enable you find and invite friends on the SNS or to post or share your Tenor Account profile on the SNS. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS friends may be available on and through your Tenor Account. Please note that if an SNS Account or associated service becomes unavailable or Tenor's access to such SNS Account is terminated by the third party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Tenor Account and your SNS Accounts by adjusting the settings on your profile page in your Tenor Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND TENOR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT.
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, including without limitation the GIFs and videos that are the primary elements of content available through the Services and any metadata, tags or labels associated with such GIFs and videos; and (ii) “User Content” means any Content that Account holders (including you) provide to to us, whether in your Account profile or to be made available through the Services. Content includes without limitation User Content provided by other Account holders.
Tenor does not claim any ownership rights in any User Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tenor and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights, and reserves all rights not expressly granted herein. You acknowledge that the Services are, and Content may be, 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.
Personal License Grant. By uploading User Content to or storing User Content within an App on your computing device or on the Services as hosted by Tenor for your personal use (including accessing such User Content on multiple Devices through your Account), you automatically hereby grant to Tenor a worldwide, irrevocable, non-exclusive, transferable, royalty-free, fully paid right and license (with the right to sublicense) to use, copy, modify, adapt, create derivative works of, publicly perform, display, reformat, translate, excerpt (in whole or in part), publish, transmit and distribute such User Content on your behalf in any form, medium or technology now known or later developed, and to transmit such content on your behalf to recipients of your messages (the “Personal License”). You may remove your User Content from your App at any time. If you choose to remove your User Content from your App, the Private License granted above pertaining to such removed User Content will automatically expire; however, you acknowledge that Tenor and recipients of your messages may retain archived copies of your User Content, and that neither you nor Tenor can control the use of your User Content by recipients of your messages.
Published License Grant. By uploading any User Content to, or storing any User Content in, the published Content library provided as part of the Services as hosted by Tenor (i.e., not within your copy of the App on your computing device or within your Account for your personal use), including by associating a hashtag with such User Content or creating a published collection of User Content stored on the Services, you automatically hereby grant Tenor a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid right and license (with the right to sublicense to any number of tiers) to use, copy, modify, adapt, create derivative works of, publicly perform, display, reformat, translate, excerpt (in whole or in part), publish, transmit and distribute such User Content for any purpose in connection with Tenor’s business, including without limitation in connection with the distribution, performance and display of such User Content by third parties within their own websites or services. Once you have uploaded User Content to, or stored User Content in, the published Content library provided as part of the Services as hosted by Tenor, you will not be able to delete that User Content from the Services.
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, nor any use of your User Content by Tenor 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.
Subject to your compliance with these Terms, Tenor grants you a personal, limited, non-exclusive, non-transferable and revocable license to view Content through the Apps and the Site, and to use the Services to transmit a copy of the Content to recipients of your messages through email or other messaging applications interfacing with the Services, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Your access to and use of the Content and/or Services is at your own risk. Although the Content and Services enable users to connect, interact and share information and content with one another, Tenor is not responsible for controlling or monitoring any User Content. Tenor does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). Some people may find some Content or User Conduct objectionable, inappropriate or offensive. If Tenor chooses, at any time in its sole discretion, to monitor (in whole or in part) User Content or User Conduct, Tenor nonetheless assumes no responsibility for User Content or User Conduct, no obligation to modify or remove any Content and no responsibility for User Conduct during use of, or as a result of access to or use of, the Site, Content or Services.
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the exception of infrequent, important service announcements and administrative messages).
Subject to your compliance with these Terms, Tenor grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single 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. Tenor reserves all rights in and to the App not expressly granted to you under these Terms.
If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
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) unless otherwise expressly agreed by Tenor in writing, make the functionality of the App available to multiple users through any means.
You agree not to do any of the following:
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, or 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. You agree to cooperate fully with Tenor in any such investigation. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
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 sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND 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.
You will indemnify and hold harmless Tenor and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content in violation of any applicable law, regulation or any third party agreement or policies; (ii) your User Content; or (iii) your violation of these Terms.
NEITHER TENOR 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 TENOR 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 TENOR’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 TENOR FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TENOR, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENOR AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Northern District of California, or in a state court in Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
These Terms will remain in effect until terminated.
You may terminate your Account either through functionality we may provide in an Account management interface in the Services, or through the Site by going to https://marriedprank.com/contact, selecting ”Account Termination” from the drop down menu and including the following information: your name, email address, username (if different from your email address), and a statement that informs us of your desire to have your Account removed from the Services, along with a statement that certifies that you are the owner of the Account which you wish to have removed from our database.
Tenor may immediately terminate these Terms, or cancel in whole or in part, Content or Services, for any reason at any time. Tenor is not required to provide you notice prior to terminating your access to or use of the Content or Services.
Upon termination of these Terms, your right to access or use the Content or Services will automatically terminate, and you will promptly destroy all copies of the App and Tenor Content in your possession or control. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account. All provisions of these Terms which by their nature should reasonably survive termination hereof shall survive.
These Terms constitute the entire and exclusive understanding and agreement between Tenor and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tenor and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, 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 Tenor’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tenor 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.
You and Tenor are independent contractors, and neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
Tenor shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
Any notices or other communications provided by Tenor under these Terms, including those regarding modifications to these Terms, will be given by Tenor: (i) via email; or (ii) by a Push Message to you through the App. The date of receipt will be deemed the date on which such notice is transmitted.
Tenor’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tenor. 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 Tenor at:
525 Brannan Street, Suite 206
San Francisco, CA 94107
Email: [email protected]tenor.com
Tenor respects copyright law and expects its users to do the same. It is Tenor’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders. In accordance with the Digital Millennium Copyright Act of 1998, Tenor will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Tenor’s designated Copyright Agent, identified below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our Copyright Agent and including the following:
525 Brannan Street, Suite 206
San Francisco, CA 94107
Email: [email protected]tenor.com