Questions? Feedback? powered by Olark live chat software

Tandem Vault
Terms of Service + Privacy Policy


Contents

Terms of Service

Effective: December 1, 2021

Introduction.

By accessing, registering for or otherwise using TandemVault.com, tv3.io, any subdomains, subdirectories and any other related sites (“Sites”) and services (collectively, the “Services”) offered by The DAM Software Company, Inc (together with its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Vault,” “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 Privacy Policy, which describes 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.

We may change our Terms or our Privacy 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 Vault after we publish or send a notice about our changes to these Terms, that means you accept the new Terms.

1. Account Creation & Obligations.

These Terms apply to Visitors, Members, Customers and Account Owners (collectively, “User” or “Users”). There are four ways you may access our Services:

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

To use our Services as a Member, Customer, or Owner, you agree that:

To use our Services as a Customer, in addition to the terms above that apply to Members, you further agree that:

To use our Services as an Owner, in addition to the terms above that apply to Members and Customers, you further agree that:

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

2. Prohibited Actions.

You represent, warrant and agree that you will not use the Services to do any of the following:

3. Rights & Limits

3.1 Intellectual Property Rights. - Members and Owners. As between you and Vault, you own the content and information that you upload to and store on the Site (“Posted Content”.)

3.2 Posted Content and Vault Remedies. You may choose to upload content to the Services (“Posted Content”). You are solely responsible for the content you upload whether publicly posted or privately transmitted.

You and Vault 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 Services provide a means for the archiving, display and sale of digital assets, information and other data. Vault has no obligation to screen or monitor such assets, information or data for any purpose. However, if Vault has reason to believe that you are violating the Terms, Vault may take any one or more of the following actions at its sole discretion:

In the event that Vault elects to take any of the actions set forth above, you will have no right to receive any refund of fees or payments and Vault will have no obligation to return such asset(s) or provide you with a copy of your Posted Content. You consent to such removal and/or deletion and waive any claims you may have against Vault 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 DAMlegal@tandemvault.com.

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

3.4 Idea Submissions. We do not want to receive any information that is confidential or proprietary. If you send us ideas, suggestions or content of any kind, we may use those ideas, suggestions or content for any purpose without compensation or attribution to you.

4. Disclaimer & Limit of Liability.

4.1 No Warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VAULT HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES (INCLUDING ALL CONTENT THERON) AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING VAULT 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 VAULT IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD PARTY CONTENT OR SERVICES. 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 ALLOWED BY LAW, NEITHER VAULT 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 WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE; DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, POSTED CONTENT OR OTHER INTANGIBLES; DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR DAMAGES RESULTING FROM MALWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, VAULT’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF 10% OF THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTH PERIOD OR $100.00.

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

5. Indemnity.

You agree to indemnify and hold harmless Vault 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.

Vault reserves the right to reject, suspend, terminate or prohibit your access to and use of all or any portion of the Services at any time and for any reason, in its sole discretion. In the event of such termination, Vault's sole obligation to you will be to refund the pro rata unused portion of your subscription fee, if any, and if applicable, less any accrued and unpaid fees incurred on your account. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Vault, including without limitation all indemnification obligations contained herein. Sections 3, 4, 5, 7, 8 and 10 of these Terms shall survive termination.

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

7. Governing Law & Dispute Resolution.

Any disputes arising out of or relating to these Terms or use of the Services 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 federal or state courts located in the County of Los Angeles for all disputes arising from or relating to these Terms or your access to or use of the Services.

8. General Terms..

8.1. Entire Agreement. These Terms and the Privacy Policy (including any additional terms that may be provided by us when you engage with certain features of the Services) are the entire and only agreements between us regarding the Services and supersede all prior agreements for the Services. For clients who have executed a MSA, these Terms shall apply unless modified by the terms contained in your MSA, in which case those terms shall control. 8.2. Notice. You agree that the only way to provide us legal notice is at the addresses provided below under “How to Contact Us.” All notices must be sent in writing and will be deemed received one day after being sent. 8.3. Waiver. No failure of Vault to enforce any of its rights under these Terms will act as a waiver of such rights. 8.4. Enforceability. 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. 8.5. Assignment. Neither party’s rights or obligations hereunder (except the right to receive money) may be assigned without written consent of the other party, provided however, either party may assign all of its rights and obligations hereunder to a company that the party controls or is controlled by, or to a company that acquires substantially all of its assets, equity or business by merger or acquisition. These Terms shall be binding upon the successors and assigns, if any, of the parties. 8.6. Publicity. Unless you have notified us in writing otherwise, we reserve the right to disclose users as customers of Vault and may use your name and logo on our website and in our marketing materials. 8.7. Export Compliance. Each party shall comply with United States export control laws and regulations. You acknowledge that you will not permit use of the Services in a United States embargoed country and you are responsible for complying with any laws or regulations that govern your use of the Services. 8.8. Authority. If you are assenting to theseTerms on behalf of any third party or entity, you represent that you have the power and authority to consent to and accept these Terms on behalf of such third party or entity.

9. Copyright Infringements.

9.1 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 DAMlegal@tandemvault.com:

9.2 Responding to Complaints. After notification of an alleged infringement is received, reviewed and confirmed by Vault:

9.3 Designated Agent to Receive Notification of Claimed Infringement:

The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 email: DAMlegal@tandemvault.com

10. How To Contact Us:

The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 email: support@tandemvault.com Phone: (805) 557-8407


Privacy Policy

Effective: December 1, 2021

Introduction.

The DAM Software Company is committed to protecting your privacy. Our Privacy Policy explains how The DAM Software Company, Inc. ("Vault," "we," "our" or "us") collects, uses, and shares information about you in connection with your use of our websites TandemVault.com and tv3.io and all subdomains, subdirectories 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. If you have any questions about this Privacy Policy or Vault's data collection, use, and disclosure practices, please contact us at support@tandemvault.com.

1. Collection of Information.

1.1 Information You Provide to Us. Vault 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 through use of cookies, local storage, pixel tags, web beacons and similar technologies (“Cookies”). Cookies enable you to sign into our services and help personalize and improve your online experience. 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.

In particular, we use session cookies, which are small files placed on your device while using our Services. Session cookies are used for account authentication and security (for example, to log you into your account or authenticate your access and to grant temporary access to specific lightboxes/shares/collections/external uploads. Session cookies do not personally identify you and are typically erased from your device when you clear your browser cookies.

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

We also use pixel tags, also called web beacons, which 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.

In addition to Cookies, 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 Zendesk, Nutshell, 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 support@tandemvault.com.

2. Use of 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).

By using the Services, you are explicitly consenting to our processing of your personal information pursuant to this Privacy Policy.

3. Sharing Your Information.

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

4. Additional Information.

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

4.3 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.

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 support@tandemvault.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. Vault respects your right to make choices about the use and disclosure of your personal information. 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 or sending an email to DAMhelp@tandemvault.com. 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 support@tandemvault.com. 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. Vault 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 Vault may be stored and processed in the United States or any other country in which Vault or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country. Vault has been certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, "Privacy Shield"). Vault 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. Vault 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.

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield. Unless and until Privacy Shield or a successor law or regulation is approved, Vault relies on explicit informed consent for the transfer of personal data from the European Union to the United States.

4.11. DMA. If you have questions or concerns regarding this privacy policy or our Privacy Shield compliance, you should first contact Vault (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 Vault nor DMA resolves your complaint, you may have the possibility to engage in binding arbitration through the Privacy Shield Panel.

4.12. 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 Vault 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. Continued use of the Services will be deemed consent to the revised Privacy Policy.

Contact Information.

You can contact Vault by emailing support@tandemvault.com or by phone at 805-557-8407, or by postal mail at:

The DAM Software Company, Inc. Attn: Copyright Agent 340 S Lemon Ave #2280 Walnut, CA 91789 USA