TERMS AND CONDITIONS
Disclaimer
These Terms and Conditions (“terms”) govern your use of the Tangram Learning LLC website (“site,” “we,” “us,” or “our”) and the services and materials provided therein. By visiting or using this site, you accept and agree to these terms; if you do not agree to abide by these terms, do not access or use the site.
Tangram Learning reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms at any time. Your continued use of this site, our products and/or services indicates your agreement to abide by these updated terms. Please check the Terms and Conditions regularly to stay informed about any changes.
By accessing this site, and/or by using our services and/or products, you represent and warrant that you have the power to enter into these terms. You agree to abide by all laws including, but not limited to, intellectual property laws of the United States and the country in which you abide. You may not access these services if you are a competitor of Tangram Learning. Determination of whether you are a “competitor” is solely per Tangram Learning’s discretion. Should you be refused access to services on this basis, you will be denied access to services.
Use of the Site and Services
This site and the services and/or products offered on this site are intended for the individual use of customers of Tangram Learning. Unless you have entered into a separate License Agreement with Tangram Learning, the products and/or services are not for release in corporate systems or re-packaged for re-sale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.
Intellectual Property
All materials, including but not limited to images, text, diagrams, workshops, videos, tangible and intangible products, and the organization and presentation of these materials on this site are the property of Tangram Learning and may be protected by intellectual property laws, including but not limited to U.S. and international laws governing copyright, trademark, trade name, domain names, etc. Unless you have entered into a separate License Agreement with Tangram Learning, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the materials found on this site or in Tangram Learning workshops, in whole or in part. Making, reproducing or distributing copyrighted or other protected materials without prior authorization will be considered illegal use, and Tangram Learning reserves the right to defend our works against such use, including but not limited to prosecution by law.
Permission
Tangram Learning services and materials are not available to competitors of Tangram Learning. Determination of whether you are a “competitor” is solely per Tangram Learning’s discretion and access to services and any licenses will be denied on this basis.
Tangram Learning materials are proprietary. If you wish to use Tangram Learning materials other than for personal use on a limited basis, you must request permission to do so which will be reviewed on a case-by-case basis. Please specify if this is a request from outside the United States of America, the intended use, the specific materials requested and your contact and company information. All requests shall be determined at Tangram Learning’s sole discretion and may or may not be granted.
Licensing
Contact Tangram Learning at info@tangramlearning.com for Multi-User licenses and other opportunities to purchase and use Tangram Learning copyrighted materials.
Limitations of Liability
We do not guarantee that our products and/or services will meet your needs. All products and/or services are provided on an “as is” basis. No guarantee is expressed or implied. By choosing to access this site and/or use our products and/or services, you do so at your own risk. Tangram Learning and its affiliates, directors, officers, employees, and representatives are not responsible for any damage, whether physical, electronic, financial or otherwise that may result from the use of the site or any of the products and/or services available through the site. Your sole remedy is to discontinue use of the site. In no event will Tangram Learning’s liability to you for any claims under these Terms and Conditions be greater than the amount paid by you to Tangram Learning. In no event will Tangram Learning, its affiliates, directors, officers, employees or representatives be liable to you under any circumstances for any third party, special, exemplary, punitive, indirect, multiple, incidental, or consequential damages (including, but not limited to, any loss of data, loss of use, or interruption of business) arising out of, or in connection with, these terms, even if Tangram Learning has been advised of the possibility of such damages.
Indemnity
By accepting these Terms and Conditions and accessing and/or using the products and services available through this site, you agree to indemnify and hold Tangram Learning, its affiliates and representatives harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tangram Learning or its affiliates and representatives by any third party due to or arising out of or in connection with your use of the site, the products and/or services.
Pricing and Billing
Payment for products and/or services is due upon purchase. Prices may be subject to change. Tangram Learning does not offer a price guarantee. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable shipping/handling charges and any applicable taxes that Tangram Learning is legally obligated to collect. Prices do not include the costs for the download of services. Such costs including, but not limited to, internet charges are the direct responsibility of the customer.
Workshop fees will be payable in advance of the workshop. All workshop fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars.
Discount codes are not transferable. Tangram Learning, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.
Acceptable Use Policy
It is not necessary to fulfill the purpose of the site for a user to disclose personally identifiable information to the public and Tangram Learning advises against such. It is each user's decision as to whether they add personal information to their profile or upload a photograph of themselves and to opt to make these visible to other users. You are prohibited from posting or transmitting any "sensitive" personally identifiable information over the site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
Using the site to send or post harassing, abusive, or threatening messages;
Transmitting through the site any information, data, text, files, links, images, software, or other materials that Tangram Learning considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our users, partners, customers or suppliers;
Attempting to conceal or misrepresent the identity of the sender, user or person submitting the information, or impersonate any individual (real names, email addresses and other information must be used);
Disrupting the normal flow of the site, including any dialogue on the site, or otherwise acting in a manner that negatively affects other users; or posting any unsolicited chain letters, advertising, promotional materials, contests, or any other commercial or non-commercial solicitations;
Sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
Intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the site;
Posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; and
Posting any Submitted Content or using the site in such a way that damages the image or rights of Tangram Learning, other users, or third parties, including posting Submitted Content that breaches the copyright (or other proprietary rights) of third parties.
Submitted Content
Your use of and contributions to the site are entirely voluntary, non-confidential and gratuitous. The site enables you to submit, post, and share Submitted Content with Tangram Learning and other users as set forth hereunder, however you must be a registered user to post any Submitted Content to the site. You are able to post Submitted Content at any time, but you may not be able to edit or remove it. You may be able to remove some of your Submitted Content by specifically deleting it; however, in certain instances, some of your Submitted Content (such as posts or comments you make) may not be removed or may not be completely removed and copies of your Submitted Content may continue to exist on the Services. Tangram Learning is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Submitted Content. You understand that all Submitted Content, as well as your username will be deemed public and not confidential and posting of your Submitted Content does not establish a confidential relationship with Tangram Learning or any other user. Tangram Learning retains the right to review, edit or delete from the site any Submitted Content, which Tangram Learning in its sole discretion considers illegal, offensive or otherwise inappropriate.
Tangram Learning does not want to receive through the site any confidential or proprietary information or any materials otherwise subject to use restrictions. Tangram Learning reserves the right to review your Submitted Content in order to ensure compliance with these Terms and Conditions and our Privacy Policy. Tangram Learning reserves the right to deny or revoke access to the site for any user, or any part thereof, at any time in its sole discretion, with or without cause. By making any Submitted Content available through the Services, you hereby grant to Tangram Learning a non-exclusive, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Submitted Content in connection with operating and providing the Services and Materials to you and to other users. Other users may be granted access to your Submitted Content and as such no Submitted Content should be deemed to be or will be considered private. You may also have access to other users' Submitted Content and your use thereof will be entirely at your own risk, for which Tangram Learning shall not be liable.
You are solely responsible for all your Submitted Content. You represent and warrant that: (i) you are the owner of all of your Submitted Content, (ii) you have all legal right and authority to (a) submit and post the Submitted Content to the site and (b) grant Tangram Learning and other users the license and rights to review and comment on your Submitted Content, (iii) your Submitted Content represents your own original work, (iv) all necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for the Submitted Content depicting people, products, businesses, or other content) have been obtained for you to submit the Submitted Content and grant the rights and licenses contained herein and (v) your Submitted Content will not infringe upon any other individual's or entity's rights, or result in the violation of any applicable law or regulation. You agree to defend, indemnify and hold Tangram Learning harmless from any damages, losses, costs, or expenses, including attorneys' fees, that Tangram Learning may incur as a result of your Submitted Content or your violation of these terms.
You acknowledge and agree that Tangram Learning is not responsible for resolving any disputes between you and other workshop participants regarding your rights to any Submitted Content or other materials or inventions which may have been created by you alone or jointly with other workshop participants.
Terms of Idea Submissions
In sending Tangram Learning any Submissions, you agree that: (1) the submission and its contents automatically become the property of Tangram Learning, without any compensation to you; (2) Tangram Learning may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Tangram Learning to review the submission; and (4) there is no obligation to keep any submissions confidential.
Miscellaneous
Should Tangram Learning waive a breach of any portion of these Terms and Conditions, this should not be considered as a waiver of any other breach of the same provision or any other part of these terms.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these terms, and these terms shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Illinois, United States of America, as if performed wholly within the state and without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Cook County, Illinois, and waive any objection to such jurisdiction or venue.
Questions and Contact Information
If you should have any questions regarding these Terms and Conditions, you may contact us by sending an e-mail to support@tangramlearning.com.
Last update: March 4, 2020