Terms of Service

Welcome to The Tembler!

These Terms of Service (“Terms”) govern your access to and use of The Tembler website (the “Website”) and any mobile application (“Mobile App”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Services.

1. User Accounts

• You may be required to create an account to access certain features of the Services.
• You are responsible for maintaining the confidentiality of your account information and password.
• You are responsible for all activity that occurs under your account.
• You agree to notify us immediately of any unauthorized use of your account or any other security breach.

2. User Conduct

• You agree to use the Services in a lawful manner and in accordance with these Terms.
• You agree not to:
  
  • Use the Services for any purpose that is unlawful or prohibited by these Terms.
  • Interfere with or disrupt the servers or networks connected to the Services.
  • Transmit any viruses, worms, Trojan horses, or other harmful code through the Services.
  • Attempt to gain unauthorized access to the Services, or any other accounts, computer systems or networks connected to the Services.
  • Violate the intellectual property rights of The Tembler or others.
  • Harvest or collect personal data of other users.
  • Engage in any defamatory, harassing, or obscene conduct.

3. Content

• The Services may contain content (“Content”) that is owned by The Tembler or licensed to The Tembler. This Content is protected by United States and international copyright and trademark laws.
• You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or exploit in any way any of the Content, in whole or in part, except as expressly permitted by these Terms.

4. Disclaimers

• The Services are provided “as is” and without warranties of any kind, express or implied. The Tembler disclaims all warranties, including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Tembler does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components. 
• The Tembler does not warrant or make any representations concerning the accuracy, reliability, completeness, or timeliness of any content or information available on the Services.

5. Limitation of Liability

• In no event shall The Tembler be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, even if The Tembler has been advised of the possibility of such damages.

6. Indemnification

• You agree to indemnify and hold harmless The Tembler, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, and costs (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or your violation of these Terms.

7. Termination

• We may terminate or suspend your access to the Services at any time, for any reason, with or without notice.
• You may terminate your account at any time.

8. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America.

9. Dispute Resolution

• Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Brooklyn, New York, United States of America.

10. Entire Agreement

• These Terms constitute the entire agreement between you and The Tembler regarding your use of the Services.

11. Contact Us

If you have any questions about these Terms, please contact us at contact@thetembler.com.