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:

  • Visitor - an unregistered user.

  • Member - a user who has registered for an account on the Site.

  • Customer - a Member who has additional capabilities to purchase licenses to assets on the Site.

  • Owner - the Member who has created the Subdomain.

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

  • You are at least 18 years old;

  • You agree to our Cookies Policy and Privacy Policy;

  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; and

  • You will use the Services in a professional manner.

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

  • You are at least 18 years old;

  • You agree to our Cookies Policy and Privacy Policy

  • You are providing certain valid and true contact and personal information and will keep it updated.

  • You will keep your password secure and confidential;

  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Tandem from any and all liability concerning such transactions or activity;

  • You will notify Tandem immediately of any actual or suspected loss, theft or unauthorized use of your account or password. You should report it to [email protected];

  • As between you and the Site, your account belongs to the party paying for the Services. This party has the right to control access to and get reports on your use of such paid Services; and

  • You will use the Services in a professional manner.

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 are at least 18 years old;

  • You agree to our Cookies Policy and Privacy Policy;

  • You are providing certain valid and true contact and personal information and will keep it updated;

  • You will keep your password secure and confidential;

  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Tandem from any and all liability concerning such transactions or activity;

  • You will not obtain Member contact information from the Site to complete transactions outside of the Site;

  • If you license rights to any Offered Content from the Site, you hereby authorize Tandem to share with a Billing Service (such as a credit card processor, which may include companies such as PayPal, Stripe or Square) such portion of your registration information (including your credit card information) as is necessary or desirable to consummate such transaction;

  • In the event that you participate in any transaction involving any Offered Content, such transaction will be subject to the terms and conditions contained in the applicable License Right Agreement for the category of rights licensed thereby, as posted on the Site at the time of such transaction;

  • You will notify Tandem immediately of any actual or suspected loss, theft or unauthorized use of your account or password. You should report it to [email protected];

  • You will use the Services in a professional manner.

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 [email protected].

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

  • You are at least 18 years old;

  • You agree to our Cookies Policy and Privacy Policy;

  • You are providing certain valid and true contact and personal information and will keep it updated;

  • You will keep your password secure and confidential;

  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release Tandem from any and all liability concerning such transactions or activity.

  • You will notify Tandem immediately of any actual or suspected loss, theft or unauthorized use of your account or password. You should report it to [email protected].

  • You agree to pay us the applicable fees and taxes specific to the paid Services you selected upon creation of your Subdomain or, for Enterprise customers, upon signature of an agreement. Failure to pay these fees will result in the termination of your paid Services. You also agree, that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Services. You may also contact us at [email protected] to cancel or suspend your Service.

  • All of your purchases of Services are final and no refunds will be offered if Services have been rendered without interruption.

  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

  • You can get a copy of your invoice through your Tandem account settings under “Purchase History”. You may also email [email protected].

  • For Enterprise customers, please refer to your Master Services Agreement (MSA) for invoicing policies or email us at [email protected].

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

  • Notices + Messages. We will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. If you would like to opt-out of marketing communications, you can email [email protected] or click “unsubscribe” on any of our marketing emails. If you opt out of marketing services, you may still receive emails related to your account, such as billing information or other information important to protecting your account.

  • Sharing. Our Services allow you to share content in the Site with non-members. It is your responsibility to share wisely. We are not held responsible. If, when using our content sharing services, you violate any of our Terms of Service, Code of Behavior or in any way infringe on another parties lawful rights, Tandem may choose to terminate your Services.

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:

  • Don’t infringe or violate Tandem’s or other Users’ rights (including intellectual property rights), violate any federal, state, local or international law or, or to otherwise engage in any unlawful purpose;

  • Don’t upload content or provide information you know is false, misleading, inaccurate or that you do not have the right to upload. Don’t do anything deceptive or fraudulent;

  • Don’t upload any content or do anything that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

  • Don’t upload, post or otherwise transmit any content which is likely to cause harm to the Site or anyone else's computer systems, including but not limited to that which contains any Malware;

  • Don’t do anything that harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

  • Depending on your account, you may have access to personal information about other Users, including their names and email addresses. This information is provided strictly for the purpose of using the Services: don’t use it for other purposes, and don’t abuse it;

  • Don’t copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties without Tandem’s consent;

  • Don’t disclose information that you do not have the consent to disclose;

  • Don’t monetize in any way the Services or related data or access to the same, without Tandem’s consent;

  • Don’t monitor the Services’ availability, performance or functionality for any competitive purpose;

  • Don’t override or bypass any features or controls we’ve put in place to secure the Services;

  • Don’t try to interfere with the proper workings of the Services;

  • Don’t try to damage or get unauthorized access to the Site, Services, data, password, or other information, whether it belongs to Tandem or another party;

  • Don’t take any action that interferes with the operation of, or imposes an unreasonable load on, our infrastructure, or on our third-party providers;

  • Don’t take apart or reverse engineer any aspect of the Site that is not open source in an effort to access things like source code, underlying ideas, or algorithms;

  • Don’t modify the Services or their appearance or simulate the appearance or function of the Services; and/or

  • Don’t violate any additional terms that are provided when you sign up for or start using any of our Services.

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.

  • Members and Owners. As between you and Tandem, you own the content and information that you upload to and store on the Site (“Posted Content”.)

  • All material and content contained on the Site (other than Posted Content) and including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of Tandem and/or third parties and is protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to Tandem and/or third parties. No material from the Site other than your Posted Content or Posted Content licensed by you through the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Tandem or third party licensors for your personal, noncommercial use only. In no event shall title of the Software be transferred to you. We (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not reproduce, display, perform, modify, redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

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.

  • We’re not responsible for mistakes in your content. Tandem will not be liable for any errors or omissions in any content.

  • You are responsible for keeping a local backup copy of all Posted Content you submit to Tandem.

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:

  • Remove and/or delete any Posted Content that Tandem believes is in violation or non-conformity with the terms hereof or applicable law;

  • Suspend and/or terminate your status as a Member, Customer, Owner and/or Third Party Service Provider with the Site and/or Services; and/or

  • Pursue any other remedy or relief available to Tandem under equity or law.

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 [email protected]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:

  • Some services are provided by a Third Party Service Provider and that it is at your own risk, and Tandem cannot control the privacy or security of any such information or Content. Furthermore,

  • Tandem has no control over the quality of any Third Party Services or the ability of a Third Party Service Provider to provide Third Party Services and

  • Tandem will not be responsible or liable for any aspect of any interaction between you and any Third Party Service Provider. An example of a Third Party Service includes cloud hosting services, such as Amazon, video processor services, such as Zencoder and payment processors, such as PayPal, Stripe and Square.

  • We may also use integrated Third Party Providers, such as DocuSign, Dropbox, Adobe products or others. Tandem regularly reviews its relationship with Third Party Service providers to ensure that their Terms of Service and other policies reflect those of Tandem.

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:

  • Make any representation or warranty whatsoever about any third party site that is linked to the Site, or

  • Endorse the products or services offered on such Site.

You agree that Tandem:

  • Shall not have any responsibility and liability for content on third party websites and

  • Does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

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 [email protected] that:

  • Contains the subject line "Idea Submission;"

  • Describes ONLY the general application of the idea; and

  • Expressly states your intention to own rights in the idea.

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,

  • Tandem does not represent or warrant that the Site or the Services will meet your requirements, be free of malware, be uninterrupted or error-free, or that any errors can or will be fixed; and

  • Tandem is not responsible for, and makes no warranties with respect to, any third party content (including, without limitation, that of any Contributor) contained on the Site or that may be linked to the website.

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:

  • Any direct, indirect, special, consequential, punitive or incidental damages;

  • Damages for loss of use, profits, data, images, posted content or other intangibles;

  • Damages for unauthorized use, non-performance of Site, errors or omissions;

  • Damages related to downloading information, posting information; or

  • Damages resulting from malware.

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:

  • Your use of the Site and/or any material or Content you submit, download, post or transmit through the Site;

  • Your breach of these Terms and Conditions or any representation, warranty or covenant made by you herein;

  • Any transaction you participate in relating to any Posted Content;

  • Your violation of any applicable law, statute, ordinance, regulation or any Third Party Rights; or

  • Any claim of defamation, libel or slander relating to any Content posted by you.

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:

  • Member: Send written notice to [email protected] and the account owner of your wish to have your member account terminated. Your request will be processed within 30 days of receipt acknowledgement. Your data cannot be retrieved after it has been removed from our Site.

  • Customer: Send written notice to [email protected]. our request will be processed within 30 days of receipt acknowledgement. Your data cannot be retrieved after it has been removed from our Site.

  • Owner: Send written notice to [email protected] or go to your account settings and select “Cancel account” from the menu. A member of our staff will be in touch if there are any questions. Note: Automated account shut-down is not available to Enterprise account holders. If you are an Enterprise account holder, please refer to your Master Services Agreement (MSA) for 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 [email protected]:

  • Identification of the work or material being infringed;

  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Tandem is capable of finding and verifying its existence;

  • Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;

  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law;

  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner; and

  • The Notifying Party's physical or electronic signature.

13.2 Responding to Complaints.

After notification of an alleged infringement is received by Tandem:

  • Tandem will remove or disable access to the allegedly infringing material.

  • Tandem will then immediately notify the member responsible for the allegedly infringing material (the “Offending Member”) that it has removed or disabled access to the material.

  • If the Offending Member is a repeat offender, Tandem will immediately terminate such member's account and access to the Service in addition to removing the infringing material.

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: [email protected]

14. How To Contact Us:

Tandem Stills Motion, Inc.

8567 Higuera Street,

Culver City, California 90232

email: [email protected]

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 [email protected]. 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:

  • Information you provide through your user account on the Services (your "Account") if you register for the Services;

  • Your use of the Services;

  • From third-party websites, services, and partners.

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 [email protected].

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:

  • Your name

  • Email address

  • Phone number

  • Company name

  • Company department

  • Payment information: When you add your financial information (such as credit card details and billing address) to your Account, that information is directed to our third-party payment processor. We do not store your financial account information; however, we have access to, and may retain, this information through our third-party payment processor.

  • Referrals: If you choose to use our email referral services to tell a friend about our products or services, we may ask you for your friend's name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email. Neither Tandem nor any third-party provider stores this information after the email is sent.

1.2 Information We Collect Automatically When You Use Our Services.

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

  • Information Collected by Cookies and Other Tracking Technologies. Tandem uses "cookies" and other technologies like pixel tags, web beacons and similar technologies ("Cookies") to enable you to sign in to our services and to help personalize and improve your online experience. A cookie is a small text file that is placed on your hard drive or device. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the Cookie to you. The information that Cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history. Pixel tags, also called web beacons, are clear image (i.e., non-visible) files that may be placed on a website, in an email or newsletter, and request information from your device such as your browser type and may assist us in determining your engagement with the content of the website and emails we send, how many users have visited certain pages, or how users have otherwise engaged with our messages or newsletters. You can learn more about the types of cookies we and our service providers use by reading our Cookie Policy.

  • Analytics. We use analytics providers (such as Google Analytics) which collect information from you, including the following log information:

    • Internet protocol (IP) addresses
    • Internet service provider (ISP)
    • Browser type
    • Operating system
    • Date/time stamp
    • Clickstream data
    • Landing page
    • Referring/exit pages
    • Referring URL

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.

  • Third-Party Partners. We may also receive publicly available information about you from our third-party partners (such as Olark, Insightly, Adobe and PayPal) and combine it with data that we have about you. For more information about the data that we obtain from these providers, please contact us at [email protected]

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:

  • Provide, operate, and maintain our Services;

  • Improve and expand our Services;

  • Understand and analyze how you use our Services;

  • Develop new products, services, features, and functionality;

  • Process your transactions;

  • Find and prevent fraud; and

  • For compliance purposes, including enforcing our User Terms and Conditions, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

2.2. Communicating With You.

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

  • Respond to your comments, questions, and requests, and provide customer service;

  • Communicate with you, in accordance with your account settings, for marketing and promotional purposes;

  • Send you technical notices, updates, security alerts and support, and administrative messages.

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:

  • Where we need the personal information to perform a contract with you;

  • Where the processing is in our legitimate interests and not overridden by your rights; or

  • Where we have your consent to do so.

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).

  • We process information about you in order to provide our services in accordance with our User Terms and Conditions, and to allow us to send you important service updates.

  • We also process information about you where it is in our legitimate interests to do so and not overridden by your rights, 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 information about you, or may otherwise need the information to protect your vital interests or those of another person.

  • We may also process information to comply with a legal requirement or to perform a contract. 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 of 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:

  • Our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.

  • Our Distributor Network, such as our European image licensing partner, Plain Picture.

  • Vendors and service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, analyze your interests and preferences and to conduct audits, etc. Such service providers will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Tandem maintains contracts with these third parties requiring their treatment (access, use and disclosure) of personal data to be consistent with our Privacy Shield obligations. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to Privacy Shield, Tandem may be liable (if responsible for the event giving rise to the damage).

  • Third-party partners. We also share information about users with third-party partners (such as Insightly) in order to receive additional publicly available information about you. For a complete list of third party organizations who may have access to some information, please contact us at [email protected].

  • Business transfers. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company.

  • As required by law and similar disclosures. We may also share information to:

    • Satisfy any applicable law, regulation, legal process, or governmental request;
    • Enforce this Privacy Policy and our User Terms and Conditions, including investigation of potential violations hereof;
    • Detect, prevent, or otherwise address fraud, security, or technical issues;
    • Respond to your requests;
    • Protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
    • With Your Consent. We may share information with your consent.

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 [email protected].

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 [email protected].

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:

  • Inhibit Tandem's ability to comply with a legal obligation;

  • Inhibit Tandem's ability to investigate, make or defend legal claims;

  • Result in disclosure of personal information about a third party; or

  • Result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Tandem or a third party.

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:

  • If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing [email protected].

  • In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing [email protected].

  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing [email protected].

  • Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

  • Please note: We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

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:

  • Marketing Emails: If you do not wish to receive marketing emails, you will have the option of opting out and/or unsubscribing from our emails and mailing lists as well as 1) contacting your Account Executive; or (2) sending an email to [email protected]. If you choose not to receive marketing emails, please be advised that you may continue to receive transactional or account emails (e.g., purchase information and account activity statements).

  • Cookies: You can accept or decline cookies. Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies. Please be aware that our websites are optimally designed to operate with cookies enabled in your internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies. This may negatively impact your experience of the site. If you would like to opt-out from the use of pixel gifs in our emails, please email us at [email protected]. To view Google Analytics' currently available opt-outs for the web, please visit: https://tools.google.com/dlpage/gaoptout/.

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 [email protected] 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:

  • User account authentication and security:

  • Non-user account access:

    • Grant temporary access to specific lightboxes/shares/collections/external uploads.

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: