Privacy Policy

We may collect and store personally identifiable information (“Personal Information”) whenever you use a Totally Rad product or interact with Totally Rad online in any capacity. Our Privacy Policy is intended to inform you of the types of information we collect, and what we do with it.

INFORMATION WE COLLECT

  • Information you give us. When you make a purchase from Totally Rad, whether online or elsewhere, you provide us with Personal Information such as your name, email address, mailing address, credit card info, and phone number. When you sign up for a product trial, we also collect your name and email address, as product trials are stored in our store’s database as orders as well. You may also give us Personal Information when you sign up for our mailing list, take a survey, interact with our support system, or send us email.

  • Visitor Tracking. When you visit the Totally Rad website, we may install tracking cookies on your computer via your browser, log your IP address, or use other means to track your behavior while using our website, or the website of affiliated people and companies.

  • Product Usage Data. Some Totally Rad products may send data to our servers from time to time. This data may include statistics on how you use the product, login information, and other Personal Information.

  • Device Identifiers. For iOS users, if you grant us permission to track you, we may collect your IDFA and store / transmit it to third-party partners for analytics and advertising attribution purposes.

HOW WE USE YOUR PERSONAL INFORMATION

  • Most of the personal information you provide to us is used to facilitate online ordering of our products. Credit card transactions online require a billing address, for instance, to verify your identity. Your email address, in this case, is necessary to send your order receipt and download links after your purchase. We keep this information in our system indefinitely to provide service to you in the future (for instance, if you need to re-download a past purchase).

  • Your credit card information is typically not stored in our system, though it may reside on our servers temporarily during transaction processing. Our merchant processor, who handles the actual transaction, may keep your credit card and other personal information in their system in accordance with their privacy policy and applicable state and federal laws.

  • Your email address is used by Totally Rad to contact you with order receipts, company news, product updates, and other information and communication we feel you’d be interested in, including responses to emails and inquiries you’ve sent to us. We typically keep records of all email communication, which helps us provide better service to you in the future, should the need arise.

  • For some of our products, the email address and password you used to create an account in our store is used to verify product ownership at installation time.

  • Tracking cookies, server logs, IP addresses, Device Identifiers, and other Personal Information, whether stored on your computer or our servers, is used by Totally Rad to improve our marketing, and to assign sales commissions to members of our affiliate program, where applicable. For instance, clicking on a link that leads to our site may install a tracking cookie on your computer that helps us to understand your behavior, and to gauge the effectiveness of our various programs. In another example, by clicking on an online advertisement, and subsequently purchasing or installing a Totally Rad product, we may transmit a device identifier to a third-party partner to correlate the advertisement to your action.

HOW AND WHEN WE SHARE YOUR INFORMATION

  • Totally Rad is not in the business of selling your email address or other personal information to other companies or individuals. However, we may from time to time send email on the behalf of another entity when we feel that you’d benefit by the information.

  • Information that you provide to us is shared with other trusted business for external processing, based on our instructions and in compliance with our Privacy Policy and other appropriate confidentiality and security measures. This includes, but is not limited to, providing credit card and address data to our merchant processor, and providing your name, email, and other information to our mailing list service (to facilitate sending the Totally Rad newsletter).

  • Because your Personal Information is sometimes stored on external servers administered by other trusted companies, administrators and employees of those companies may be able to access that data.

INFORMATION SECURITY

  • Where appropriate, we use SSL encryption and other technologies to protect your data when in transit and while storing it on our servers. Particularly sensitive data, such as credit card numbers and passwords, are always protected by data encryption.

  • Access to your Personal Information at Totally Rad is limited to employees, contractors, and agents who need to know that information in order to process it for us.

CONTROL OVER YOUR PERSONAL INFORMATION

  • To update your information, including requesting removal of your account, you can contact us with your request and we’ll do our best to accommodate you.

  • To request removal of your information in accordance with EU laws contact us and we will remove all records of your information within 30 days. Please specify request for complete removal or removal with the Legitimate Interest Exception so that we may continue to provide service and support.

  • You can unsubscribe from your newsletter subscription, if applicable, by clicking on the unsubscribe link in a newsletter email. In this case, your email address will remain in our system in a blacklist to ensure that we don’t re-add you to the list in the future.

CHANGES, APPLICABILITY, AND OTHER MISC STUFF

  • This Privacy Policy applies to all Totally Rad products and services, whether online or otherwise.

  • From time to time, we may change our Privacy Policy. Any changes will be posted on this page and become effective immediately.

CALIFORNIA RESIDENTS

  • If you are a resident of the State of California, and you want information about how to exercise your third party disclosure choices under California Civil Code section 1798.83, you must contact us at the link below, indicating your preference on how our response to your request should be sent.

FTC DISCLOSURE REGARDING MATERIAL RELATIONSHIPS

  • The FTC wants you to know a thing or two about the content on our site, and it’s probably a good idea to tell you anyway. We sometimes receive products for review on the Totally Rad site, and usually these are provided to us by the manufacturer, free of charge. We usually get to keep them, too. Yes, that’s nifty for us. It also means that there’s a “material connection” between us and the manufacturer in those circumstances. However, we are committed to writing and publishing only things that we believe to be true. We won’t BS you just because we got something for free.

  • We also will occasionally promote or mention services such as workshops, seminars, websites, etc that we think are worthy of your attention. As you might have guessed from the previous paragraph, there are sometimes material relationships in play there as well. While we don’t accept payment directly for promoting things, many of the seminars and workshops we promote are taught by members of our affiliate program, who make extra money by referring customers to us (and this is just one possible example).

  • As in just about every business, there’s a lot of back-scratching that goes on, and a lot of favors and tokens traded back and forth. It’s a complex cycle, and if were to graph it out it would take up an entire wall. Despite that, we will only mention or promote things we believe in, and we only seek to be promoted by people we respect and trust. We’re constantly seeking a win-win-win for everyone involved – us, our customers, and the people sending customers and fans our way.

  • So, long story short, we sometimes have material relationships with the people and companies we mention on our site, but we’re not whores.

Any questions? Shoot us a message – we’re an open book!

PicTapGo+ Terms and Conditions

Last updated: October 14, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named PicTapGo

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: California, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Totally Rad! Inc., 27702 Crown Valley Parkway, Suite D4, Ladera Ranch, Ca 92694.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

  • Service refers to the Application.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through the Application Store or through the Settings menu in the app. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: