Website Terms & Conditions of Use
Overview:
BY VISITING https://tangerineyard.com/ (“The Site), YOU ARE CONSENTING TO OUR TERMS & CONDITIONS. Last Updated and Effective as of: September 30th, 2024.
Tangerine Yard is a multimedia storytelling company dedicated to shining a light on unsung heroes and communities around the world. We tell stories through (without limitation) art, music, books, TV, film, audio series, digital series, podcasts and one-of-a-kind digital and immersive offline experiences (“Production/Productions”). We are also a pay it forward company dedicated to helping people in need move out of poverty. A direct proportion of proceeds from every Production goes directly to select organisations in our on-the-ground network to help people in need immediately. Each Production has a specific fundraising initiative and goal and sets out all the details from goals and target organisation. Additionally, every Production highlights the exact amount of funds raised and provides an impact report so you can see the direct impact that has been made. The Site provides a website where users can read information and updates about our current and upcoming Productions along with information on the direct impact made and funds raised.
The Site also provides information on any events or product launches specifically associated with the Productions. Additionally, you can also purchase any products made available on the Site in association with any events and/or product launches directly from the Site. You can find all up to date information on current Productions, events and/or product launches on our home page at https://tangerineyard.com/.
Use of The Site, including all materials presented herein, all online services where applicable (“The Services”), products (“the Products) and all Productions provided by Tangerine Yard are subject to these Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site, Production, any Product or Service and/or ordering a Product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
You also acknowledge and agree that any purchase of a product from The Site is subject to our Terms of Sale, which are found here. You will notice that the Terms of Sale are customised to each product launch we run and will be changed and adapted to each specific product we launch. You acknowledge having read our Terms of Sale and accepting them prior to any purchase of any product from The Site.
Additional Information
As stated above, The Site is operated by Tangerine Yard Ltd, a company registered in England and Wales (company number: 12383447), trading as Tangerine Yard. Our registered office address is 13 Fairway Heights, Camberley, Surrey, GU15 1NJ.
If you have a customer service query, you can email our Customer Services team at info@tangerineyard.com or use the free text form available on our Contact Us page.
Use of The Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site, all products, Productions and Services are subject to change.
Tangerine Yard makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Tangerine Yard disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Account Creation
Depending on the type of Product, Production or Service we offer and provide, you may at times be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Tangerine Yard will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Lawful Purposes
You may use the Site, products, Production and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, the products, Productions or Service, violate any laws in your jurisdiction
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, racist, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. In other words, think before you post.
Material You Submit To The Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Tangerine Yard from any claim against Tangerine Yard resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. Tangerine Yard reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these Terms and Conditions.
Intellectual Property Rights to Your Materials
SAVE FOR YOUR TRIBUTE SUBMISSION FOR BOOMSTAR (which is specifically covered and dealt with by our Terms of Sale) Tangerine Yard does not claim ownership of Material you supply to Tangerine Yard. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Tangerine Yard to use and distribute the posted Material in connection with Tangerine Yard’s website and any related Tangerine Yard publications, products and/or Productions. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Services, product or Production. By submitting Material to Tangerine Yard, you agree to hold Tangerine Yard harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site, products, Production or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, Productions and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
Subject to your statutory rights, you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Production, Products or Services. Additionally, Tangerine Yard is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Tangerine Yard has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Tangerine Yard’s cumulative liability to you exceed the total purchase price of the product, Production access or Service you have purchased from Tangerine Yard, and if no purchase has been made by you Tangerine Yard’s cumulative liability to you shall not exceed $100.
Limitation of Liability & Statutory Rights
Nothing in these Terms and Conditions excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law.
Third Party Resources
The Site may sometimes contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Tangerine Yard. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Products, Productions or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Waiver
No waiver of any of the provisions of these Terms and Conditions by Tangerine Yard shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Tangerine Yard.
Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows: Tangerine Yard Limited 13 Fairway Heights, Camberley Surrey, GU15 1NJ
Governing Law
To the maximum extent permitted by applicable laws, these Terms and Conditions, and any dispute or claim arising out of or in connection with these Terms and Conditions (including non-contractual disputes or claims), shall be governed exclusively by English law. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and Us agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms and Conditions or to your relationship with us as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms and Conditions) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms and Conditions.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
The end.
Updated: September 2024