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Terms of Service

 

These terms of service ("Terms") cover your use and access to the services, client software and websites provided by Tangerine Studio LLC, whether through our websites located at GetPhotodipity.com, TangerineStudio.com, FinallyApp.com, or Tangerine Studio’s mobile applications (Photodipity, Finally), herein collectively referred to as “Tangerine Studio Services” or "Services". Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

 

Your Content & Your Permissions

When you use Tangerine Studio Services, you may provide us with content ("Your Content"). Your Content is yours. These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.

 

We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like text creation, link creation, photo thumbnails, easy sorting, and sharing. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to trusted third parties we work with.

 

Sharing Your Content

Our Services let you share Your Content with others, so please think carefully about what you share.

 

Your Responsibilities

You're responsible for your conduct, please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via our Services.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current if you are using a Service where you have an account.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

 

Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

 

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Service trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

 

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

 

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

 

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, TANGERINE STUDIO AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TANGERINE STUDIO, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TANGERINE STUDIO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO TANGERINE STUDIO FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

 

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against Tangerine Studio, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Tangerine Studio may bring a formal proceeding.

You and Tangerine Studio agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, the State of Delaware, or any other location we agree to.

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

Controlling Law

These Terms will be governed by Delaware law except for its conflicts of laws principles.

 

Entire Agreement

These Terms constitute the entire agreement between you and Tangerine Studio with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 

Waiver, Severability & Assignment

Tangerine Studio’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Tangerine Studio may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

 

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

 

Privacy Poilicy

 

Our privacy policy explains how information is collected, used and disclosed by Tangerine Studio LLC (“Tangerine Studio”) with respect to your access and use of Tangerine Studio’s services, whether through our websites located at GetPhotodipity.com, TangerineStudio.com, FinallyApp.com, or Tangerine Studio’s mobile applications (Photodipity, Finally), herein collectively referred to as “Tangerine Studio Services”.

 

What Information Do We Collect?

We collect certain information you provide to us when using any Tangerine Studio Service, such as when you create an account and profile, send us an email or post information or other content to a Tangerine Studio Service. Sometimes we collect certain personal information that you provide us, like your name, picture, and email address. We will also collect the contact information of your friends, if you choose to connect your contacts and address book information with a Tangerine Studio Service and your login credentials to your social network accounts, such as Facebook and Instagram, if you choose to connect those accounts with a Tangerine Studio Service.

 

We also may automatically collect certain information when you use a Tangerine Studio Service, such as your location/GPS coordinates (if you enable this feature), a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on a Tangerine Studio Service. You can enable or disable location services when you use a Tangerine Studio Service at anytime, through your mobile device settings. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.

 

We may also automatically collect certain information through the use of "cookies”. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage by our users and web traffic routing on our services, and to improve our services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

 

How Do We Use the Information We Collect?

We use the information collected through a Tangerine Studio Service for the purposes described below:

  • to provide our services or information you request, and to process and complete any transactions;

  • to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;

  • to monitor and analyze usage and trends, and to personalize and improve the service and your experiences when you use a Tangerine Studio Service, such as providing content or features that match your profile or interests, and to increase the functionality and user friendliness of our services;

  • to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our services;

  • to find the email and mailing addresses of your friends (when instructed by you); and

  • for any other purpose for which the information was collected.

 

What Information Do We Share With Third Parties?

We will not share the personal information we have collected from you, except as described below:

  • with certain social networking services, if you allow such sharing through our services (such as Facebook);

  • when you give us your consent to do so, including if we notify you that the information you provide will be shared in a particular manner and you provide such information;

  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;

  • to enforce or apply our privacy policy, our terms of use or our other policies or agreements; and

  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

 

We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.

 

Links to Other Sites

Tangerine Studio Services may contain links to other sites. Any information you provide on those sites is provided directly to the owner of that site and is subject to that party's privacy policy. Our privacy policy does not apply to such sites, and we are not responsible for the content or privacy and security practices and policies of those sites.

 

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

 

Accessing and Modifying Your Information

If you have an account, you can access and modify the personal information you provided us that is associated with your account. You may "opt out" of receiving marketing or promotional emails from us by changing your account preferences or by following the instructions in those emails. If you opt out of these messages, you will still receive emails from us, about your account, our services and other pertinent information related to our services. These communications are considered part of the service and your account, which you cannot opt-out from receiving.

 

For Tangerine Studio Services that you have an account with, you can deactivate your account by contacting the respective service. If you want to delete your information in addition to deactivating your account, please contact us with a request that we delete your account and information. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records and as otherwise required by law.

 

International Users

If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there (or any other country where we operate). By using a Tangerine Studio Service, you consent to the collection, transfer, use, storage and disclosure of your information as described in this privacy policy.

 

Our Policy Toward Children

Our service is not directed to children under 13 and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.

 

Changes

Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise our privacy policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on the respective Tangerine Studio Service or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use a Tangerine Studio Service after those changes become effective, you are agreeing to be bound by the revised policy.

 

Questions?

Please contact us at hello@finallyapp.com if you have any questions about our privacy policy.

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