Terms of Service

TANGO CARD, INC. SITE USAGE AGREEMENT


Tango Card, Inc., (“Tango Card”) provides use of its www.tangocard.com website and its iPhone application (collectively, “Service(s)”) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.tangocard.com. In addition, when using particular Tango Card owned or operated Services, you and Tango Card shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Tango Card may also offer other services that are governed by different Terms of Service. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND TANGO CARD AND GOVERNS YOUR USE OF THE SITE. BY USING THE SITE AND SERVICES YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THESE TOS AND TANGO CARD’S PRIVACY POLICY (“PRIVACY POLICY”), LOCATED AT http://www.tangocard.com/privacy AND ANY OTHER RELATED TERMS AND CONDITIONS LOCATED ON THE WEB SITES OF TANGO CARD, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE). IF YOU DO NOT AGREE TO THIS AGREEMENT PLEASE DO NOT USE THE SITE OR SERVICES. In the event the terms of this TOS conflict with the Privacy Policy, the Privacy Policy shall govern as to the conflicting terms. If you have any questions regarding these terms and conditions, please contact customer service at support@tangocard.com.

DESCRIPTION OF SERVICE

You understand and agree that the Service may include certain communications from Tango Card, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Tango Card properties, shall be subject to the these or other applicable TOS. You understand and agree that the Service is provided “AS-IS” and that Tango Card assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tango Card has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tango Card has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You certify that you are at least 18 years old; if you are not, you may not register for or use the Service.

TANGO CARD PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.tangocard.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Tango Card and its affiliates.

ACCOUNT, PASSWORD AND SECURITY


As part of your use of the Service, you may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tango Card of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tango Card cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

YOUR USE OF THE SERVICE

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tango Card, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Tango Card does not control the Content posted by you or other third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tango Card be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. The Service is provided for informational purposes only. Tango Card and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service. 
You agree to not use the Service to: 

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Tango Card official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not solely have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ; 
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
“stalk” or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 12 above

You acknowledge that Tango Card may or may not pre-screen Content, but that Tango Card and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Tango Card and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Tango Card or submitted to Tango Card or provided by the Service. 
You acknowledge, consent and agree that Tango Card may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Tango Card, its users and the public. 
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tango Card and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Tango Card does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to Tango Card and all users of the Service the following worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 
If you believe that any Content other material provided through the Service, including through a link, infringes your copyright, you should notify Tango Card of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which Tango Card receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Tango Card’s Copyright Agent at legal@tangocard.com(subject line: “LEGAL ISSUE”). You may also contact us by facsimile: (206) 260-2864. To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable Tango Card to identify and locate the material; (d) how Tango Card can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Emails sent to legal@tangocard.com for purposes other than communication about copyright infringement may not be answered.

CONTRIBUTIONS TO TANGO CARD

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Tango Card through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Tango Card is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Tango Card shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Tango Card may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Tango Card without any obligation of Tango Card to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Tango Card under any circumstances.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including, but not limited any Content or your Tango Card ID), use of the Service, or access to the Service.

USE AND STORAGE

You acknowledge that Tango Card may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any or all Content files), the maximum disk space that will be allotted on Tango Card’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that Tango Card has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Tango Card reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Tango Card reserves the right to modify these general practices and limits from time to time without prior notice.

MODIFICATIONS TO SERVICE

Tango Card reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tango Card shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that the Service is or may be provided, as identified to you on the applicable Service-related web page, with or without cost, on a trial, demo, beta or other basis, and that Tango Card may change, at any time, the conditions of your accessibility to the Service.

TERMINATION

You agree that Tango Card may, under certain circumstances and without prior notice, immediately terminate your Tango Card account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Tango Card account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and© barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Tango Card’s sole discretion and that Tango Card shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

LINKS

The Service may provide, or third parties may provide, links to other web sites or resources. Because Tango Card has no control over such sites and resources, you acknowledge and agree that Tango Card is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tango Card shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.



TANGO CARD’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Tango Card, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Tango Card for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TANGO CARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) TANGO CARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TANGO CARD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TANGO CARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TANGO CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH 17 MAY NOT APPLY TO YOU. 
You agree to indemnify and hold Tango Card and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

TRADEMARKS

TANGO CARD, First Class Gift Card™, Value Conservation™, the Tango Card Logo, and other Tango Card logos and product and service names are or may be trademarks of Tango Card (the “Tango Card Marks”). Without Tango Card’s prior written permission, you agree not to display or use in any manner the Tango Card Marks.

GENERAL

The TOS constitutes the entire agreement between you and Tango Card concerning your use of the Service, superseding any prior agreements between you and Tango Card with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tango Card services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and Tango Card shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Tango Card agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Tango Card to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. 



Last Updated: August 13, 2009