Last Updated: November 29, 2016
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.
TongueTry may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that TongueTry may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.
- Permitted Users of the Site
In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.
The Site is directed to persons 13 years of age or older. TongueTry and the Site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to TongueTry on the Site or offline. If you provide information to TongueTry through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe TongueTry may have inadvertently collected personal information from your child, please notify TongueTry immediately by sending an email to: firstname.lastname@example.org detailing the basis of your belief and your request.
- Site Content and Services
On, through or in connection with the Site, we may offer contextual lessons, quizzes, games, questions, practice exercises and similar services designed to help users learn new languages and enhance their foreign language proficiencies (the “Services”). We also provide content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of TongueTry, its licensors, or other content providers.
The Content and Services are made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
- Error, Inaccuracies, and Omissions
Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of TongueTry or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to TongueTry.
- Modifications, Suspension and Termination
TongueTry reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services, Content or Activities, or any portion or portions thereof, with or without notice. You agree that TongueTry will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services, Content or Activities for more than the pro rata amount remaining for your Subscription.
TongueTry reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, Content, Activities or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that TongueTry shall not be liable to you or any third party for any such suspension, discontinuance or termination for more than the pro rata amount remaining for your Subscription.
- Registration and Your Personal Information
Some areas of or benefits provided by the Site may require you to register an account with us and provide us with certain information including but not limited to your name, valid email address, mailing address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.
When you register to open an account on a Site, you will be required to provide a legal name, valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify TongueTry of any unauthorized use of your password or account or any other breach of security. TongueTry is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:
- Register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person;
- Register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or
- Have more than one user account
- Subscriptions, Free Trials & Payments
- The Site may offer certain Services and/or Content from TongueTry for corresponding fees and require you to purchase subscriptions on either: a month-to-month basis, or a 12-month subscription paid in 12 monthly installments. Your Subscription, which may start with a Free Trial (as defined below), a price promotion, or both, will automatically continue on a Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it.
- If you decide to book more lessons than your package prescribes, this will be categorized as an “Add-on lesson” and you will be charged$25 per each additional lesson booked. This does not apply if you upgrade to a larger plan.
- Your Subscription may start with an option for a full refund at the end of the first lesson if you are not fully satisfied. You understand that you are restricted to a one-time use of this refund. Any subsequent use of a refund may result in the immediate termination of any associated Subscription without notice. If you improperly obtain a refund, we reserve the right in our sole discretion to charge any Payment Method (as defined below) you may have provided us for the Subscription that was obtained improperly. TongueTry reserves the right, in its absolute discretion, to determine your refund eligibility.
- We will begin billing your Payment Method for Subscription fees according to the billing method selected at sign up. If you cancel prior to one week after your first lesson, your Payment Method will be refundedand you will no longer have access to the Subscription. You will not receive a notice from us that your that Subscription has begun.
- To cancel your subscription you can send an email request, along with your reason for cancellation, to info@TongueTry.com. TongueTry will make reasonable efforts to process cancellation requests and refunds within two business days from its receipt of the cancellation request.
- Billing Cycle. As indicated during sign-up, the fee for Subscriptions allow payment on an installment basis. Your Payment Method will automatically be billed at the beginning of each installment period, which is the day you’ve started your subscription with TongueTry.
- Automatic Renewal. In order to provide continuous service, TongueTry automatically renews all Subscriptions on the date the existing Subscription expires.
- Such renewals will be for the same duration of the original subscription term and will be billed at the non-discounted rate for the Subscription as of the date of your enrollment and according to your original billing cycle method. By enrolling in a Subscription, you agree that your Subscription will be subject to the above described automatic renewals. You also agree that the amount billed may be different if your original Subscription was purchased using a promotional offer and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your use of the Subscription. Your Subscription will remain in effect and continue to renew automatically until it is cancelled.
IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY sending an email request, along with your reason for cancellation, to info@TongueTry.com. TongueTry will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request.
- Refund Policy & Cancellation
Subscription payments (and any other fees) are nonrefundable once you have (i) taken a second lesson or (ii) five days pass from the first lesson. The only exception we will make is: if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
You may cancel your Subscription at any time by sending an email request, along with your reason for cancellation, to info@TongueTry.com. If you are on a month-to-month subscription, your last billing will have terminated on your previous installment period. TongueTry will make reasonable efforts to process cancellation requests within two business days from the receipt of the cancellation request. Except as otherwise provided in these Terms, you will not receive any refund for your Subscription and certain termination fees may apply.
(c) Early Termination
Members on a month-to-month program can cancel anytime. The cancellation will take effect at the end of their current payment cycle.
- Permitted Uses
You may use the Site, Content and Services for lawful, non-commercial purposes only. You may not use the Site, Content or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Content, or Services. You may not attempt to gain unauthorized access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
- Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services;
- Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services;
- Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;
- Reformat or frame any portion of the web pages that are part of the Site or the Services;
- Create user accounts by automated means or under false or fraudulent pretenses; or
- Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
- Postings and Comments
The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and TongueTry (collectively, “Submissions”). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to TongueTry and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
- aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner;
- defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
- publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;
- upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
- upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
- falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
- engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
If you post content or submit material, you grant TongueTry and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant TongueTry and its affiliates the right to use the name that you submit in connection with such content in our sole discretion. TongueTry will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content and Services that may appear in our Site or our operations. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.
TongueTry may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. TongueTry does not necessarily endorse any opinion or statement contained in any submission.
- “Like” TongueTry on Facebook
We invite you to “like” TongueTry on Facebook. On our page, you can learn about upcoming events, see photos, and have discussions with others who like TongueTry. When you visit our Facebook page, please keep the following guidelines in mind:
We encourage you to participate in existing discussions and to start new discussions with other TongueTry fans. Please be polite, even if you disagree with things that have been posted. Personal attacks, offensive remarks, and foul language are not appropriate.
We encourage you to contribute relevant comments to the discussion. Postings that are off-topic or consist of spam or promotional postings may be removed.
All postings on the TongueTry wall and in the Discussions area should be made by actual identifiable people. Postings from obviously fake or anonymous profiles may be deleted.
TongueTry is not liable for anything posted on the TongueTry Facebook page by a third party. When you access our Facebook page, you do so at your own risk.
TongueTry reserves the right to remove any user-generated content from its Facebook page for any reason.
- Follow TongueTry on Twitter
We invite you to follow TongueTry on Twitter and have a dialogue with us. We welcome your thoughts and replies on anything related to TongueTry, and will do our best to reply to any general comments or questions. Many of the people associated with TongueTry may use Twitter and other social networks. Unless a particular Twitter account is identified on this page: @TongueTry, it is not an official TongueTry Twitter profile. We encourage you to begin or contribute to conversations using replies. However, we will not reply to any replies that are off-topic, contain personal attacks, or foul language. When you access any official TongueTry Twitter profile page, you do so at your own risk. We do not guarantee the accuracy of anything posted by any TongueTry Twitter account. Nothing in any Twitter communication initiated by a TongueTry Twitter account constitutes a binding representation, agreement, or endorsement on the part of TongueTry.
- Proprietary Rights
You acknowledge and agree that, as between TongueTry and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by TongueTry or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services, whether modified or unmodified.
The Site and all Services and Content, including any and all copyrights therein, is the property of TongueTry or its affiliates, suppliers, vendors, merchants, licensors, or other partners and is protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as expressly authorized by TongueTry in writing.
The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to TongueTry or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of TongueTry by the respective trademark owners, or by TongueTry of the respective trademark owners. Without limitation, the Marks include TongueTry trademarks registered in the United States Patent and Trademark Office and owned by TongueTry.
One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of TongueTry or its affiliates, suppliers, vendors, merchants, licensors, or other partners.
- Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
TongueTry in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to TongueTry a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.
- For notice of claims of copyright or other intellectual property right infringement, TongueTry can be reached by sending a claim to:
Attn: Copyright Agent
Baker Moran Doggett Ma & Dobbs LLP
1400 Preston Road
Plano, Texas 75093
Phone: (469) 351-3500
- Links to Other Websites
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of TongueTry, which is not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply TongueTry’s endorsement of information, material, products or services of any other party or any other website, or by any other party of TongueTry. TongueTry disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that TongueTry is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
- User Representations and Warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the Term of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
- User Indemnity of TongueTry
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TONGUETRY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR TONGUETRY , OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR TONGUETRY; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF TongueTry OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user SUBMISSIONS.
- Disclaimer of Warranties and Limitation of Liability
WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.TONGUETRY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
TONGUETRY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR.TONGUETRY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONGUETRY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF TONGUETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TONGUETRY’S LIABILITY EXCEED TOTAL FEES PAID TO TONGUETRY IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is: TongueTry, LLC, 701 Vallejo Dr, Rockwall, TX 75087, United States. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@TongueTry.com
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 Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210
- Choice of Law and Dispute Resolution
- Control of Site
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. TongueTry does not represent that the Site, Services or Content is appropriate outside the United States of America. TongueTry reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.
If there are any questions regarding these Terms, you may contact us using the information below.
PO BOX 1025
Austin, Texas 78701