If you use the Software and Services known as Music Pix, please see Paragraph 36 below for additional terms and restrictions.
3. Ownership. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Tango and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Tango and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Tango hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.
5. Additional Restrictions. You further represent that you shall not (i) use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the Tango servers than a human can reasonably produce in the same period of time manually; (iv) transmit invalid data, worms, viruses or any code of a destructive nature, (v) transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails; (vi) display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos, video, sound recordings, musical works, narration, works of authorship and/or any type of materials, information or communications (“Content”) deemed unlawful, harmful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (vii) attempt to hack, destabilize, adapt or otherwise interfere with Tango’s website, the Software (or its source code) or any of the Services, or alter another website or mobile app so as to falsely imply that it is affiliated with Tango, (viii) collect or harvest any personally identifiable information, including account names, from the Software or any of the Services, (ix) use a false phone number or email, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or (x) use or access any of the Services by any means other than through the interface provided by Tango.
7. Third-Party Sites, Products and Services; Links.
(b) Tango does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve Tango from any and all liability arising from your use of any Reference Sites. Tango is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.
8. Content. Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Tango does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Tango Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
10. Grant of Rights to Tango.
(a) If you share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your Tango account, you represent and warrant that you have all rights necessary to grant, and you hereby expressly grant, to Tango, its licensors and other Tango partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and any name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and Tango’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels.
(b) You hereby authorize Tango to collect and use the address books, contact lists, and unique phone identifiers (IMEI, Google Advertisements ID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.
(c) You hereby acknowledge and agree that Tango may contact you via email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by Tango (you can opt-out of such emails by clicking on the unsubscribe link or of such SMSs by replying stop).
11. Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
13. Third Party Fees.For particular Devices, Tango may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.
15. No Access to Emergency Services. The Software and Services, including without limitation the Voice Premium Services described in Section 17(b) below, are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Tango is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Tango is not a replacement for your primary telephone service.
16. Prevention of Unauthorized Use. Tango reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
17. Premium Services.
- (i) From time to time in its sole discretion, Tango may provide you with a Premium Service that allows you to make phone calls to recipients outside of the Service from your Device, by having the call routed over the internet (“Voice Premium Services”).
- (ii) Voice Premium Services are for personal use only and Tango may limit the amount of call time available per call or for all calls. If Tango puts in place any such limit, once an applicable limit set by Tango has been reached, the Voice Premium Services may no longer be available to you. In addition, availability of the Voice Premium Services may be limited to certain countries or other geographies as Tango may determine from time to time.Tango reserves the right to change the terms of, and any fees associated with, the Voice Premium Services at any time without prior notice to you.
- (iv) Tango may, as part of the technical setup of the Voice Premium Services, pair you with one or more phone numbers. These phone numbers may be shared by multiple Tango users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by Tango to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party.
- (v) Voice Premium Services do not support Emergency Services, including calls to 911, and are not a replacement for your primary telephone service. See Section 14 above.
18. Payments for Premium Services. The Premium Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Tango or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Services is terminated. You agree that if you purchase Premium Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Tango have any responsibility in connection with any of the foregoing.
19. Refunds. You may request a full refund for any Premium Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.
20. Termination by You. You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium Services.
22. Storage of Content. You acknowledge and agree that Tango shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Tango Party is under any obligation to preserve, provide access to or return to you any Content. You further understand and agree that Tango may remove certain Content from its storage systems periodically in its discretion without notice to you.
25. No Warranty. The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the Tango Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE TANGO PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE, APPLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Tango Parties (and if you downloaded the Software from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.
26. NO WARRANTIES. THE TANGO PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE TANGO PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
27. HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
30. United States Services. Tango makes no representations that the Services are appropriate or available for use in any location outside the United States. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.
31. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT TANGO HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TANGO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TANGO. TANGO WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
32. Feedback. You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to Tango are gratuitous, unsolicited and without restriction, and shall become the property of Tango. Tango will have exclusive ownership of all rights to the Feedback. Tango will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Tango will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
33. Export. The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Software and Services are specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
35.1 International Users. The Software and Services are hosted in the United States and by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, then you understand and consent to the processing of personal information in the United States.
35.2 Notices. Tango may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Tango website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Tango is notified that the email address is invalid. Notice posted on the Tango website is deemed given ten (10) days following the initial posting. Tango reserves the right to determine the form and means of providing notifications to our users.
35.9 Injunctive Relief. You acknowledge that the obligations made hereunder to Tango are of a unique and irreplaceable nature, the loss of which shall irreparably harm Tango and which cannot be replaced by monetary damages alone so that Tango shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
35.13 Mobile Alerts and Optout. Tango may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.
Additional Information: To receive information or technical support for a campaign, reply HELP to the last message received or to short code 82646, or call 877-236-6825. Msg&Data Rates May Apply.
Optout: To be removed from any Tango.me mobile messaging program, reply STOP to the last message received or to short code 82646. Msg&Data Rates May Apply.
Carriers supported: ACS, AT&T, Bluegrass Cellular, Dobson / Cellular One, Cellular One (IL), Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Communications, East Kentucky Network, ECIT, GCI, Immix Wireless, MetroPCS, Midwest Wireless, Nex-Tech Wireless, Nextel, nTelos, Revol Wireless, Rural Cellular, Sprint, T-Mobile®, U.S. Cellular, Thumb Cellular, United Wireless, Verizon Wireless, Virgin, and West Central Cellular.
36. Music Pix.
(a) Content transmitted in the Music Pix Service (“Music Pix Content”), primarily pictures or slide shows and musical works, may only be uploaded to so-called “user-generated-content” networks (“UGC Networks”). No other uses of Music Pix Content are permitted. Without limiting the foregoing, users cannot broadcast their video, distribute the video on a physical device (such as a CD, DVD, Bluray disk, USB drive, etc.), make it available on a cable or satellite channel or pay-per-view, exhibit in a theater, or the like. Without limitation, if you remix, re-edit and/or remash your Music Pix Content, you must delete the old version (including by removing it from all UGC Networks).
(b) Music Pix Content may only be used in a personal, non-commercial video. Without limiting the foregoing: (a) the Music Pix Content may not be used in any video that constitutes an advertisement for a business, product or service, or in any video where a scene is essentially an advertisement for a business, product, or service (b) the Music Pix Content may not be used if the user is being paid to make the video, or if people are charged to watch the video, or if the user is getting revenue (including any so-called “ad share” revenue from a UGC Network) from advertising or other sources when people watch the video. You may not use the Music Pix Content in a video for political purposes (such as, but not limited to, supporting or opposing any governmental policy, government official, political action, or candidate for political office).
(c) Music Pix Content may be accompanied by a unique license code, called a RADKey, which may be necessary for a user to use the applicable Music Pix Content. Music Pix Content with such code must be used in conjunction with such code on participating UGC Networks.
(d) You may choose which segment(s) from a musical work provided in the Music Pix Service (“Recordings”) you wish to use in Music Pix Content, but, without limitation, you may not remix any portion of the Recording, create mashups, speed up or slow down the Recording, change the pitch or musical key of the Recording, use samples (excerpts) from the Recording in other music, translate or change the lyrics (if any), substitute other vocals, extract vocals or music from the Recording, make any other changes to the Recording, or create other works based on or derived from the Recording, or create a cover (new version) of the Recording.
(e) You may not use artwork from the Recording’s album cover or its website, or use the name of the band, photos of band members, etc. You may not use the Recording in any way apart from your video, and may not use the Recording or your video apart from the applicable sound recording. Without limitation, you may not put the Recording on a website, play it at a party, play it at a business, use it on an MP3 player, or make a ringtone from it.
Last Modified: October 29, 2014