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Tandem Vault
Terms of Service + Privacy Policy


Contents

Terms of Service

Effective: May 24, 2018

Welcome to Tandem!

Summary: This page explains Tandem’s terms of use. When you use our services, you’re agreeing to all abide by these rules. Since some of them need to be expressed in legal language, we’re providing short summaries to offer clear and simple explanations of what each section means. These summaries are for your ease-of-use only and are not part of the legal terms.

Introduction.

By accessing, registering for or otherwise using this website and services (collectively, the “Services”) offered by Tandem Stills + Motion, Inc. (together with its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Tandem,” “we,” “us,” or “our” ), you agree to be bound by these terms and conditions (the “Terms”), even if you are using our Services on behalf of a company or organization. Your use of our Services is also subject to our Cookies Policy and our Privacy Policy, which cover how we collect, use, share, and store your personal information. If you do not agree to these Terms, do not register for, access or otherwise use any of our Services.

These Terms apply to TandemStock.com, TandemVault.com, all sub-domains and any other Tandem-related site (collectively, the “Site”). Registered users of our Services are “Members,” “Customers” or “Account Owner” and unregistered users are “Visitors.” These Terms apply to Members, Customers, Account Owners and Visitors (collectively, “User” or “Users”).

These Terms of Service only relate to Tandem. The Services we provide include hosting services, such as for TandemVault.com, and those organizations which engage our Services may have additional terms of service that you will be required to review and agree to before gaining access to their portal. Those terms will appear on the sign-in page and are between you and that organization. Those terms will only be in addition to Tandem’s Terms of Service and not instead of.

We may change our Terms, our Privacy Policy and our Cookies Policy from time to time. We’ll let you know about any material changes, either by notifying you on the Site or by sending you an email to give you the opportunity to review the changes before they become effective. We agree that changes will never apply retroactively — we’ll tell you the exact date they go into effect. If you object to any changes, you may close your account. If you keep using Tandem after we publish or send a notice about our changes to these Terms, that means you accept the new Terms.

1. Account Creation + Obligations.

Summary: To use any of our services or to register for an account, you must be at least 18 years old and agree to our rules and policies. If you create an account on the Site, you are responsible for your account and all the activity on it. We have different kinds of ways in which you may interact with our services.

There are four (4) ways you may be able to access our Services:

Visitors are unregistered users. To use our Services as a Visitor, you agree that:

Members are account holders. To use our Services as a Member, you agree that:

Customers are Members with additional capabilities to purchase rights to assets or other material displayed on the Site as available for licensing (“Offered Content”). To use our Services as a Customer, you agree that:

You can get a copy of your receipts through your account settings by logging into your account and clicking “Invoices” under your name. You can also email us to request copies at accounting@tandemstock.com.

Owners are Members who have created a Subdomain. To create a Subdomain and to use our Service as an Owner, you agree that:

If you are a Member, Customer or Owner, you further agree that:

Tandem reserves the right to decline an Account registration for any lawful reason or business considerations.

2. Prohibited Actions.

Summary: This is a list of common sense no-no’s. Please behave yourself and don’t do things like lie about your identity, break laws, infringe on other people’s rights, etc. These rules are only the minimum level of conduct that is expected on the Site. You should use common sense and be considerate towards other Users and Tandem staff.

As a condition to being a User, you represent, warrant and agree that under no circumstances will you use the Site or Services to do any of the following:

3. Rights + Limits

Summary: You are responsible for and maintain ownership of the content you upload and store, while Tandem maintains ownership of our sites and services. You may encounter third party services while using our Services, and it is your responsibility to use them carefully as they are outside of Tandem’s control and not our responsibility. Some of those third party services include things like credit card processors, for collecting your monthly fees, or image processors, which help us generate previews of the photos you upload. Our site helps you display your content and share it with others, so make sure you have permission to upload the content you before you do so.

You are responsible for knowing whether or not you are allowed to upload any content to our Site and that you aren’t violating anyone else’s rights by doing so. That means any content at all, not just photos.

3.1 Intellectual Property Rights.

3.2 Posted Content.

You’re responsible for the content you upload. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

You and Tandem agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy.

The Site acts as a passive conduit for the archival, display and sale of digital assets, information and other data and Tandem has no obligation to screen or monitor such assets, information or data for any purpose. However, if Tandem becomes aware of or has reason to believe that you are violating the terms and conditions contained herein or elsewhere on the Site (including without limitation the requirements set forth under the section entitled "User Obligations" above), Tandem may take any one or more of the following actions at its sole discretion:

In the event that Tandem elects to take any of the actions set forth above, you will have no right to receive any refund of fees or payments and Tandem will have no obligation to return such asset(s) or provide you with a copy of your Posted Content as provided above. You hereby consent to such removal and/or deletion and waive any claim against Tandem for such removal and/or deletion.

If you believe that content residing on the Site infringes a copyright, please see our Copyright Policy below. You may also contact us via email at legal@tandemstock.com.

3.3 Service Availability.

Summary: We try to keep our services online all the time but very occasionally we make improvements or a third party service will be disrupted and our service may be offline. In addition, you may upload something our system doesn’t like, such as a virus, and we will need to remove it in order to keep our site running smoothly. Not all countries observe the same laws, so before you share your content using our software, make sure you know your local laws.

Tandem will use reasonable efforts to ensure that the Site and Service is available 24 hours a day 7 days a week. However, from time to time, Tandem may be required to purge the Site of certain data to maintain the operation of the Site, during which time we may remove content from the Site at our sole discretion. For example, anything that may contain viruses or pose a risk to the structural integrity of our software. Additionally, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and/or emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Tandem to minimize such disruption where it is within Tandem's reasonable control. Tandem makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

3.4 Third Parties, Third Party Websites and Other Content.

Summary: We work with other companies to fulfill common actions, such as accepting credit cards or generating previews of your photos or videos. We also host all of your files in the cloud owned by another company. We only use these to provide you with the service you hired us for and you are giving us permission to do so.

Tandem may allow certain third parties ("Third Party Service Providers") to provide services ("Third Party Services") to you through the Site. By using the Site, you acknowledge and agree that:

Members of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Tandem. Unless explicitly otherwise provided, Tandem does not:

You agree that Tandem:

You hereby irrevocably waive any claim against Tandem with respect to such sites and third party content.

3.5 Idea Submissions.

Summary: If you send us an idea or provide feedback on how we can improve our services, you are waiving all your rights to that idea and it becomes Tandem’s property.

Many of our Members are interested in submitting ideas for products and services now or to be available on the Site/Subdomains. We appreciate such interest in improving the Site; however, please note that, if you intend to own any rights (including copyright, patent, trade secret, trademark, and contractual rights) in any idea you submit, then you must submit the idea in an email sent to info@tandemstock.com that:

If we believe that there is an opportunity for the idea to be pursued, we will contact you. By submitting any idea except in the manner specified above to Tandem, or any of their employees or agents, you automatically forfeit any and all rights in the idea, and the idea automatically becomes the property of Tandem.

3.6 Limits.

Tandem reserves the right to restrict, suspend, or terminate your account if Tandem believes that you may be in breach of these Terms or if you have violated any aspect of the Code of Behavior.

4. Disclaimer + Limit of Liability.

Summary: You are using the Site and our Services at your own risk and there are limits to the legal liability we have to you.

4.1 No Warranty.

Use of the Site is at your own risk. This Site, Services, and Content are provided on an “as is” basis, without warranty of any kind. To the fullest extent permitted by law, Tandem hereby disclaims all warranties, oral or written, whether express, implied, statutory or otherwise, relating to the Site (including all content theron) and the Services and your use thereof, including without limitation all implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title and non-infringement. Without limiting the foregoing,

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the aforementioned disclaimers, related to implied warranties,may not apply to you.

4.2 Limitation of Liability.

To the fullest extent allow by law, neither Tandem nor any of its directors, officers, shareholders, employees or members be liable for any claims, losses or damages whatsoever that result from use of (or inability to use) the Site or Services, including but not limited to:

Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing may not apply to you.

5. Indemnity.

Summary: Tandem requires you to abide by the Terms of Use. If you fail to do so, we will not be held responsible for your actions.

You agree to indemnify and hold harmless Tandem from and against any and all Claims and Losses arising from or relating to:

This obligation survives indefinitely the termination and/or expiration of these Terms and/or your status as a Member, Owner or Customer.

6. Termination.

Summary: You can terminate your account at any time unless you are an Enterprise client, in which case you should refer to the Master Services Agreement and the specific terms and conditions about how to Terminate. Tandem also has the right to terminate your account if we think it’s necessary or if you have violated our Terms of Service.

Tandem reserves the right to reject, suspend or terminate your status as a User or prohibit your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. In the event of such termination, Tandem's sole obligation to you will be to refund the pro rata unused portion of your subscription fee, if any, and applicable, less any accrued and unpaid fees incurred on your account. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Tandem, including without limitation all indemnification obligations contained herein. All terms and conditions outlined in this Terms of Service shall survive termination.

If you wish to terminate your account with us, please refer to the applicable instructions:

7. Governing Law + Dispute Resolution.

Summary: In the unlikely event that we end up in a legal dispute, you agree to resolve it in California courts using California law.

Any disputes arising out of or relating to these Terms and Conditions or use of the Site shall be resolved in accordance with the laws of the State of California, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the Los Angeles County District of California or any California State court located in the County of Los Angeles in all disputes arising from or relating to these Terms and Conditions or your access to or use of the Site and/or Services.

8. Privacy.

Summary: We respect your privacy! To learn more about our policies, please read our Privacy Policy.

Please review our Privacy Policy which governs the use of personal information on the Site and to which you agree and consent to be bound as a user of the Site.

9. General Terms.

These Terms (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. For Enterprise clients, these Terms shall be observed unless otherwise specifically stated in your signed agreement.

You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Tandem may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided below.

10. Miscellaneous.

Summary: Just because we don’t enforce our rights, doesn’t mean we waive them.

No failure of Tandem to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

If any portion of any provision of these Terms are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. Headings used in these Terms are for convenience only and have no legal or contractual significance.

11. Assignability.

Summary: Tandem may assign these Terms, but you may not.

These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. Tandem may assign these Terms in whole or in part at any time without your consent. You may not assign these Terms or delegate any of your obligations hereunder.

12. Entire Agreement.

Summary: These Terms are all we need to agree on with respect to our Services if you are not an Enterprise client. If you are an Enterprise client, some additional terms may be outlined between us in an additional agreement, which both Tandem and your organization have negotiated.

These Terms constitute the entire agreement between you and Tandem with respect to the subject matter hereof. Other terms and conditions may apply for Tandem Vault Enterprise Customers who have a signed Master Services Agreement.

13. Copyright Infringements.

Summary: Should you encounter a copyright infringement, we provide details on how to report it and how we will respond to the incident.

13.1 Reporting Infringements.

If you believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to legal@tandemstock.com:

13.2 Responding to Complaints.

After notification of an alleged infringement is received by Tandem:

13.3 Designated Agent to Receive Notification of Claimed Infringement:

Tandem Stills Motion, Inc.

Attn: Copyright Agent

8567 Higuera Street,

Culver City, California 90232

email: legal@tandemstock.com

14. How To Contact Us:

Tandem Stills Motion, Inc.

8567 Higuera Street,

Culver City, California 90232

email: info@tandemstock.com

Phone: 310-597-5200


Privacy Policy

A Note from Tandem’s Founder + CEO

As we revise our policies to reflect the requirements of the General Data Protection Regulation (GDPR), I want to take this opportunity to tell you that Tandem has always taken your privacy very seriously. We have never sought to gather information or data about you that is not absolutely essential to keeping our services running and providing you with the level of service you expect from us. Long before these requirements were enacted, we were already observing them. Now that they are a requirement, we’re listing everything out for you in the most simple terms possible, but rest assured that our core belief has not changed: Tandem will never ask for or require anything from you that is not absolutely essential to the services we provide.

As always, if you have any questions, concerns or require additional information, you are welcome to contact us through the various resources listed in our policies or if in doubt, email me directly at ian@tandemstock.com. We appreciate your business and trust.

Sincerely,

Ian Shive


Introduction.

This page explains Tandem’s approach to privacy. When you use our services, you’re agreeing to all abide by this Privacy Policy. We’re providing short summaries to offer clear and simple explanations of what each section means. These summaries are for your ease-of-use only and are not part of the official policy.

Tandem is committed to protecting your privacy. Our Privacy Policy explains how Tandem Stills + Motion, Inc. ("Tandem," "we," "our" or "us") collects, uses, and shares information about you in connection with your use of our websites TandemStock.com, TandemVault.com and all subdomains and services (collectively, the “Services”).

We use the terms “user,” “you” and “your” to mean any person using our Services, including any organization or person using our Services on behalf of a company or organization. This Privacy Policy applies to the information we may collect and receive about users from various sources, including:

By using our Services, you understand and agree to the terms of this Privacy Policy as well as our Terms of Service and Cookies Policy. If you have any questions about this Privacy Policy or Tandem's data collection, use, and disclosure practices, please contact us at info@tandemstock.com.

1. Collection of Information.

Summary: There are three ways we collect your information: When you give it to us by filling out a form or creating an account, through automated services when you’re using the Site (such as cookies), and through other sources, such as when you chat one of our staff members on Olark and provide information like your name or email address to help troubleshoot an issue.

1.1 Information You Provide to Us.

Tandem collects information that you provide directly to us. For example, we collect information that you provide when you create an account, fill out a form, or otherwise communicate with us. The types of information that we may collect include:

1.2 Information We Collect Automatically When You Use Our Services.

When you use our Services, we automatically collect information from you, including:

Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service and Google Privacy Policy.

1.3 Information We Collect From Other Sources.

2. Use of Information.

Summary: This section explains the types of stuff we do with your information. We mostly use it to offer our services (such as your email and password), but we may also use it to email you about changes to the software or security alerts. If we don’t have a good reason for doing so, we don’t use your information.

2.1 Operating Our Services.

We may use information about you for various purposes related to operating our Services, including to:

2.2. Communicating With You.

We may use information about you for various purposes related to communicating with you, including to:

2.3 Legal Basis for Processing.

Our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it.

However, we will normally collect personal information from you only:

We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your personal information).

3. Sharing Your Information.

Summary: This section explains the instances in which we may need to share your information. Unless absolutely necessary, we do not share your information with others.

Except as disclosed in this Privacy Policy, Tandem does not share your personal information with any outside parties.

We may share the information we collect in various ways, including to the following:

4. Additional Information.

Summary: This section wraps up some miscellaneous sections, such as security, the rights of EEA citizens granted by GDPR, and your preferences. We recommend that you review all sections, using the headers to distinguish sections that may be especially relevant to you.

4.1 Third Party Services and Linked Websites.

We may link to websites within our Services, including those of our third-party vendors or content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

4.2 Social Media.

Tandem does not employ the use of any social media directly on any of our sites, including TandemStock.com and TandemVault.com.

4.3 Third Party Advertising.

We do not share or distribute any content for the purpose of advertising.

4.4 Security.

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

For more information on security protocols in place, please contact us at info@tandemstock.com.

4.5 Data Retention.

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

4.6 Access.

If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing info@tandemstock.com.

To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could:

4.7 Your Data Protection Rights Under the General Data Protection Regulation (GDPR).

If you are a resident of the EEA, you have the following data protection rights:

4.8 Choice and Personal Information Preferences.

You can use some of the features of the Services without registering, thereby limiting the type of information that we collect. Tandem respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing emails from us or change the settings in relation to your personal email preferences, you can take the following actions as set out below:

4.9 Children’s Privacy.

We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.

4.10 International Data Transfers.

Tandem is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

Privacy Shield.

Personal information collected by Tandem may be stored and processed in the United States or any other country in which Tandem or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. Tandem has certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, "Privacy Shield"). Tandem complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. Tandem has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the "Contact Information" below.

DMA.

If you have questions or concerns regarding this privacy policy or our Privacy Shield compliance, you should first contact Tandem (using the Contact Information below). If you do not receive acknowledgement of your inquiry, or your inquiry has not been satisfactorily addressed within 45 days, you should then contact DMA by going to https://thedma.org/resources/consumer-resources/privacyshield-consumers/. DMA provides an independent third-party dispute resolution body based in the United States. DMA has committed to respond to complaints and to provide appropriate recourse at no cost to you. If neither Tandem nor DMA resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.

Changes to this Privacy Policy.

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement or in how Tandem will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this Privacy Policy whenever you visit one of our sites.

Contact Information.

You can contact Tandem by emailing help@tandemstock.com or by phone at 310-597-5200, or by postal mail at:

Tandem Stills + Motion, Inc. 8567 Higuera Street Culver City, California 90232 USA


Cookies Policy

Effective May 24, 2018

This policy provides information about when and how we use cookies and similar technologies on our sites. This cookie policy applies to any Tandem product or service that links to this policy or incorporates it by reference.

What are session (or transient) cookies and how does Tandem use this technology?

Session cookies are small files placed on your device while using Tandem sites. These cookies are used for:

Session cookies are erased from your device when you clear your browser’s cookies. See below for instructions for clearing browser cookies for commonly-used browsers.

What is local storage and how does Tandem use this technology?

Local storage is an industry-standard technology that allows Tandem to store information locally on your device. Tandem uses local storage to enhance your user experience while using our site. For example, your current sort order on a data table is saved via local storage. None of the information stored is personally identifiable.

By continuing to visit Tandem sites, you are agreeing to the use of cookies and local storage for the purposes we’ve described in this policy.

Links to Browser Cookie Information: