Tangible Play, Inc.
Effective Date: September 18, 2018
These Terms constitute a binding agreement between you and Tangible Play, Inc. (“Tangible Play,” “we” or “us”). BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
Tangible Play reserves the right to revise these Terms at any time, at its sole discretion and with or without notice, by posting an updated version to https://www.playosmo.com/en/terms/. You should visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and may require you to agree to such terms and conditions.
By accessing or using the Services, you represent and warrant to Tangible Play that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use the Services, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
While our Products are aimed to be used by children of varying ages, some of our Services (including the Website and any Accounts, as defined below) are intended to be used only by parents, legal guardians and/or teachers over the age of 18.
In order to access certain features of the Services and to post any User Content (as defined below) on or through the Services, a parent, legal guardian or teacher must register to create an account (“Account”) on the Website. By creating an Account, you represent and warrant that you are at least 18 years of age. Tangible Play reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify Tangible Play of any unauthorized use of your Account.
In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.
Each Educational Institution shall also indemnify and hold Tangible Play harmless from any and all claims that arise from (i) failure to use our Services as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.
You agree and warrant that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, you will not use the Services in a manner that Tangible Play, in its sole discretion, deems objectionable. Tangible Play reserves the right to restrict, suspend, or terminate your access to the Services at any time without notice for any reason.
You agree that you will only access the Services through the Website or the Apps.
You agree not to do any of the following:
Tangible Play will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tangible Play may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Tangible Play has no obligation to monitor your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Tangible Play reserves the right, at any time and without prior notice, to remove or disable access to the Services or any Content, that Tangible Play, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Subject to your compliance with these Terms, Tangible Play grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Subject to your compliance with these Terms, Tangible Play grants you a limited non-exclusive, non-transferable license to download and install a copy of the Apps on a single mobile device or tablet computer that you own or control and run such copy of the Apps solely for your own personal use. Furthermore, with respect to any App downloaded from the Apple, Inc. App Store, you will only use such App (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Tangible Play reserves all rights in the Apps not expressly granted to you by these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, the Apps, the Services or the Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tangible Play or its licensors, except for the licenses and rights expressly granted in these.
Users of the Website may post reviews, comments and other content (“User Content”) to the Website, so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other User Content. Material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct constituting a criminal offense, gives rise to civil liability or otherwise violates any law will not be posted on or transmitted via the Website. We will not permit any conduct that, in Tangible Play’s judgment, restricts or inhibits others from using or enjoying the Website. Tangible Play reserves the right (but not the obligation) to remove or edit any such User Content, but does not regularly review posted User Content. Tangible Play has no ownership rights in any User Content that you may post and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit such User Content.
If you do post User Content you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant us and any of our sublicensees the right to use the name that you submit in connection with such User Content, if we or any of our sublicensees choose. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate and that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity. Tangible Play has the right but not the obligation to monitor and edit or remove any activity or User Content. Tangible Play takes no responsibility and assumes no liability for any User Content posted by you or any third party.
While under no obligation to do so, we do attempt to respond to questions and comments submitted to us via e-mail that are not published on the Website. Although we value our Users’ feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Tangible Play. By submitting such materials, you release your proprietary, intellectual property and all other rights.
The Services are protected under patent, copyright, trademark, and/or other laws of the United States and foreign countries. The Services and all Content are the property of Tangible Play or its licensors. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Tangible Play and is protected as well. Any code or software code that Tangible Play creates, generates or displays in the Services are also protected and you may not copy or adapt such code.
You may not modify, publish, transmit, create derivative works, or in any way exploit any of the Content of the Website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Website is permitted without express written permission from Tangible Play and any other copyright owner.
If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tangible Play without Tangible Play’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Tangible Play's name or trademarks without the express written consent of Tangible Play.
Apple, the Apple logo, Apple Store, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Amazon, Amazon.com, Amazon Fire are trademarks of Amazon, Inc., registered in the US and other countries,
TANGIBLE PLAY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE OR BE AVIALABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, YOU ARE SOLELY RESPONSIBLE FOR SUCH COSTS AND TANGIBLE PLAY SHALL NOT BE LIABLE FOR SUCH COSTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TANGIBLE PLAY MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE SERVICES OR WITH REGARD TO THE PRODUCTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL TANGIBLE PLAY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TANGIBLE PLAY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TANGIBLE PLAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO TANGIBLE PLAY FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TANGIBLE PLAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Tangible Play, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, including without limitation reasonable legal and accounting fees, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.
These Terms (as updated) will remain in full force and effect for so long as you access or use the Services. Tangible Play reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use the Services and/or any other services provided to you by Tangible Play, upon any breach by you of these Terms or any impermissible use or access of the Services or for any other reason in the sole discretion of Tangible Play. The provisions of these Terms will remain in effect even after you cease using the Services.
If there are any questions regarding Tangible Play or these Terms, please contact Tangible Play at:
Tangible Play, Inc.
195 Page Mill, #105
Palo Alto, CA 94306
Email: [email protected]