Privacy Policy

FORM AND PATTERN PRIVACY POLICY

1. Introduction

Thank you for visiting Form and Pattern and, if applicable, downloading and/or installing one or more of our Apps. Please read our Terms of Service and this Privacy Policy carefully as you must agree to both documents in order to have permission to use our Service.

2. Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“Service” refers to the services that we provide, including our Site and one or more of our Apps;

“Site” refers to our website, www.formandpattern.com;

“User” refers to anyone who uses our Service, including those who use one or more of our Apps and general visitors to our Site;

“Form and Pattern,” “Triplicata,” “Horoscope Monogram Wallpaper,” or “HMW” refer to our company, known as “Form and Pattern LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“You” refers to you, the person who is governed by this Privacy Policy.

3. Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, mobile telephone number, Facebook and/or Twitter profile information, preferences, achievements, and any other information that we deem necessary for the purpose of providing you with our Service or which you provide to us voluntarily. We may use Facebook or Twitter to obtain your information and establish your App account in connection with your account at one of those third party providers. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4. Use of Your Information

We may use your information to:

Enhance or improve User experience, our Site, or our Service.
Send e-mails about our Site or respond to inquiries.
Send e-mails and updates about any of our Apps in which you submitted an e-mail address, including our e-mail newsletter.
Sell to third parties, where it does not identify Users by name and where we make efforts to prevent other information being sold from being used to identify the User.
Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5. Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6. Cookies

We use cookies to save your preferences, track advertisements, and remember your shopping cart items. For these reasons, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system. Please be advised that some or all of our cookies may be accessible to third parties.

7. Third Parties

7.1 Third Party Websites

Form and Pattern may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Form and Pattern, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Form and Pattern bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

7.2 Third Party Account Services

Form and Pattern may permit Users to use their Facebook or Twitter account to register for an account with one or more of our Apps. If you wish to limit what these third parties share with us, you must adjust your privacy settings with your accounts at these third parties accordingly.

8. Third Party Access to Your Information

Although you are entering into an Agreement with Form and Pattern to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our Service.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to collect, share, store, exchange, and otherwise use your information in conjunction with:

Facebook
Twitter

9. Release of Your Information for Legal Purposes

At times it may become necessary or desirable to Form and Pattern, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited e-mails from Form and Pattern since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying Form and Pattern that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.

11. Security Measures

We take certain measures to enhance the security of our Site and Service, as it is in our interest to do so. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

12. Your California Online Privacy Rights

Form and Pattern permits residents of California to use its services. Therefore, it is the intent of Form and Pattern to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at support (at) formandpattern (dot) com with any questions.

13. International Transfer

Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Form and Pattern transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

14. Amendments

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will e-mail you to inform you that there has been a change and require you to accept the changes before you may continue using our Service.

Last Modified: March 12, 2019

Terms of Service

FORM AND PATTERN TERMS OF SERVICE

1. Introduction

Thank you for visiting Form and Pattern and, if applicable, downloading and/or installing one or more of our Apps. Please read these Terms of Service and our Privacy Policy carefully as you must agree to both documents in order to have permission to use our Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” means these Terms of Service;

“Service” refers to the services that we provide, including our Site and our Apps;

“Site” refers to our website, www.formandpattern.com;

“User” refers to anyone who uses our Service, including those who use one or more of our Apps and general visitors to our Site;

“You” refers to you, the person who is entering into this Agreement with Form and Pattern.

3a. What Triplicata Offers

The Triplicata App is a match puzzle game in which Users manipulate game blocks to solve puzzles. Users can earn and use “boosters” to attain their goals more effectively.

3b. What Horoscope Monogram Wallpaper Offers

The Horoscope Monogram App is a design application that facilitates customization of App-provided assets and allows Users to save or share the resulting creations. Users can choose among backgrounds, stamps, fonts, and colors to compose artwork particularly suitable for backgrounds and lock screen images of mobile devices. Users may enter their names and birthdays into the App in order to customize their designs. The names and birthdays remain on Users’ devices. In order to allow Users to restore their artwork, data from the artwork is backed up anonymously on our servers. We do not access this data or share it with third parties.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

•You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Form and Pattern, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.

•You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

•You must provide us with personal information and other information that we deem necessary provide you with our Service.

5. Rules of Use

You must not:

•Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

•Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Form and Pattern or its delegates.

•Post requests for services which you have no intention of actually purchasing.

•Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

•Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Form and Pattern Site, Service, or its Users’ computers.

•Do anything else which could bring Form and Pattern into disrepute or violate the rights of any person.

6. Third Party Charges

Because our Apps are a mobile software applications, your mobile carrier may assess data or other charges against you while using our Apps. You agree that Form and Pattern is not responsible for any such charges and you are advised to contact your mobile carrier to ensure that you are fully aware of the cost of using our Service.

7. Limited License

Our Apps are offered on a licensed basis. By downloading and/or installing one or more of our Apps, you are agreeing to be granted a revocable license to use our Service for your own personal purposes. You agree not to attempt to reverse engineer, resell, copy, or otherwise tamper with or distribute our Service.

We may revoke this license to you at any time without compensation. You agree that upon receiving notice of such revocation, you will make all reasonable efforts to remove any of our proprietary files from your hardware or any hardware under your control.

8. Payment & Refunds

All payments and refunds are handled by a third party, the Apple App Store or Google Play, as applicable. You agree that you will be bound by their payments and refunds policies.

9. Our Copyright

Our content is important to us because it distinguishes us from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site or within any of the Apps without receiving our prior written permission.

10. Your Copyright

Form and Pattern must be assured that it has the right to use the content that is posted to its Site or Apps by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

11. Trademarks

“Triplicata,” “Triplicata Maui,” “Horoscope Monogram,” and Form and Pattern LLC are trademarks used by us, Form and Pattern LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or Apps or their design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.

12. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

13. Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

•Your name.

•The name of the party whose copyright has been infringed, if different from your name.

•The name and description of the work that is being infringed.

•The location on our website of the infringing copy.

•A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

•A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at support (at) formandpattern (dot) com.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

14. Communications Decency Act

Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site or through our App. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at support (at) formandpattern (dot) com if any of our Users have posted anything that you believe is defamatory.

15. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

16. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

17. Choice of Law

This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.

18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of California (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Form and Pattern shall have the sole right to elect which provision remains in force.

21. Non-Waiver

Form and Pattern reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

23. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been a change and require you to accept the changes before you may continue using our Service.

25. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Form and Pattern must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to support (at) formandpattern (dot) com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: March 12, 2019

Attribution

TRIPLICATA

Sound effects by DJxM4C, Dpoggioli, fins, LittleRobotSoundFactory, and rhodesmas are licensed under CC BY 3.0.

HOROSCOPE MONOGRAM WALLPAPER

Horoscope Monogram builds upon assets by the following:
sebi01/Vecteezy.com
freevector/Vecteezy.com
happymeluv/Vecteezy.com
nightwolfdezines/Vecteezy.com
annieart0/Vecteezy.com
zhaolifang/Vecteezy.com
finck.co AKA @finck on Twitter
Hubble photos are licensed under the Creative Commons Attribution 2.0 Generic License. To view a copy of this license, visit http://creativecommons.org/licenses/by/2.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.