Terms of Service

(“TSoG.tv”) includes The Shoulders of Giants, Inc., and Floating Point Laboratories LLC, (doing business as TSoG.tv), their board of directors, their officers, their volunteers, and employees.  By signing up for the TSoG.tv recurring billing service or any of the services of TSoG.tv (collectively “Services”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.tsogiants.org/tos. TSoG.tv reserves the right to update and change the Terms of Service by posting updates and changes to the tsogiants.org/tsog.tv websites. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and TSoG.tv’s Privacy Policy and, if applicable, Data Processing Addendum (“DPA”) before you may become a TSoG.tv user.

Account Terms

1. You must be 18 years or older and a parent or guardian of the student when applying for membership of TSoG.tv.

2. To access and use the Service, you must apply for a Services account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. TSoG.tv may reject your application for an Account, or cancel an existing Account, for any reason, in its sole discretion. The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of TSOG.tv’s Terms of Service and will be the person who is authorized to use any corresponding Account provided to the Account Owner in connection with the Services.

3. You acknowledge that TSoG.tv will use the email address you provide as the primary method for communication.

4. You are responsible for keeping any passwords provided to your student, which is your means of entering the platform for accessing content. TSoG.tv cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and any passwords that may be provided.

5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6. If you do not wish to continue using the Services, it is your responsibility to contact TSoG.tv to cancel the Services or remove it from the subscriptions within your PayPal account or online portal. Cancellations may be sent (from the email address on file) to payments@tsog.tv and the Services will be cancelled within 2 business days. 

7. A breach or violation of any term in the Terms of Service as determined in the sole discretion of TSoG.tv will result in an immediate termination of your Account and all Services associated with the Account.

Summary:

Don’t use TSoG.tv for anything illegal or transmit any harmful code. Remember that with any violation of the Terms of Service, we will cancel your Services.

If we need to reach you, we will send you an email.

General Conditions

You must read, agree with and accept all of the terms in the Terms of Service before you may become a member of TSoG.tv.

1. Technical support is only provided to active Account Holders and is only available via email. Support questions may be emailed to: support@tsogiants.org.

2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service.

3. You acknowledge and agree that TSoG.tv may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the website, available at www.tsogiants.org/tos  and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of the United States and the State of Texas.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, including, but not limited to, access to the Services, without the express written permission by TSoG.tv.

7. Questions about the Terms of Service should be sent to support@tsogiants.org.

8. You understand that your Materials (with the exception of credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Summary:

The TSoG.tv Services belong to TSoG.tv. You are not allowed to rip it off or use it for any illegal or unauthorized purpose.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

TSoG.tv Rights

1. TSoG.tv reserves the right to modify or terminate the Services for any reason, without notice at any time.

2. TSoG.tv reserves the right to refuse service to anyone for any reason at any time.

3. TSoG.tv may, but has no obligation to, remove Materials and Accounts containing content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4. Verbal or written abuse or bullying of any kind (including threats of abuse or retribution) of any TSoG.tv customer, employee, member, fellow student, or officer will result in immediate account termination.

5. In the event of a dispute regarding Account ownership, TSoG.tv reserves the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID, the last four digits of the credit card on file, etc.

6. TSoG.tv retains the right to determine, in its sole judgment, rightful Account ownership and the ability to transfer an Account to the rightful owner. If TSoG.tv is unable to reasonably determine the rightful Account owner, TSoG.tv reserves the right to temporarily disable the Account until resolution has been determined between the disputing parties.

Summary:

TSoG.tv can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a TSoG.tv Account, TSoG.tv can freeze the Account or transfer it to the rightful owner.

Limitation of Liability

1. You expressly understand and agree that TSoG.tv shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.

2. In no event shall TSoG.tv or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with TSoG.tv, its Services or the Terms of Use (however arising including negligence). You agree to indemnify and hold TSoG.tv and (as applicable) our subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3. Your use of the Services is at your sole risk. TSoG.tv is not responsible for property damage, bodily or personal injury, illness, including injury or illness that may prove fatal as a result from hands-on activities, experiments, or research conducted at home. All users understand and accept responsibility for any losses, damages, costs, and other consequences resulting directly and indirectly from using the Services. Users acknowledge that a student’s participation in the Services may expose the student to risk of property damage, bodily or personal injury, including injury that may prove fatal. Users also understand that the risks, which their student may be exposed, include, but are not limited to risks associated with science laboratory work and other risks that may not be foreseeable. Users knowingly and freely assume any and all such risks and allow their student to voluntarily participate in the Services. In exchange for any use of equipment, materials, supplies and for a student being allowed to participate in this program, users hereby release and forever discharge TSoG.tv from any and all claims, demands, rights, expenses, actions, and causes of action, of whatever kind, arising from or by reason of any personal injury, bodily injury, property damage, or the consequences thereof, whether foreseeable or not, resulting from or in any way connected with their student’s use of the Services. Users further covenant and agree that for the consideration stated above, they will hold forever harmless and will not take legal action against The Shoulders of Giants, Inc. and Floating Point Laboratories, their board of directors, their officers, their volunteers, and employees for any claim for damages arising or growing out of their student’s participation.    

Waiver and Complete Agreement

The failure of TSoG.tv to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TSoG.tv and govern your use of the Services, superseding any prior agreements between you and TSoG.tv (including, but not limited to, any prior versions of the Terms of Service).

Summary:

If TSoG.tv chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and TSoG.tv don’t apply if they conflict with these terms.

Intellectual Property and User Consent

1. TSoG does not claim any intellectual property rights over the Materials you provide in connection with the Services. All Materials you upload remains yours.

2. By uploading Materials, you agree: (a) to allow other internet users to view your Materials; (b) to allow TSoG.tv to display and store your Materials; and (c) that TSoG.tv can, at any time, review all the Materials submitted by you to its Services.

3. You retain ownership over all Materials that you upload to eLearning or other platforms offered by TSoG.tv; however, you agree to allow others to view your Materials. You are responsible for compliance of Materials with any applicable laws or regulations.

4. TSoG.tv will not disclose your confidential information to third parties, except as required in the course of providing its Services. Confidential information includes any Materials or information provided by you to TSoG.tv which are not publicly known. Confidential information does not include information that: (a) was in the public domain at the time  that TSoG.tv received it; (b) comes into the public domain after TSoG.tv received it through no fault of its own; (c) TSoG.tv received from someone other than you without breach of its or another’s confidentiality obligations; or (d) TSoG.tv is required by law to disclose.

Photo and Video Release

1. I understand that TSoG.tv may use and/or reproduce the photographs/videos, likeness or the voice of my student for any internal or external educational, instructional, or promotional activities determined by TSoG.tv in broadcast and electronic media formats now existing or in the future created. I also agree to allow my child’s work and/or photograph to be published on the TSoG.tv website, e-Learning portal, and/or other TSoG.tv publications.

2. If you do not wish for student media (photographs or videos) to be used by TSoG.tv, you may opt out in writing (by email to support@tsogiants.org).

Summary:

If TSoG.tv chooses to share portions of a student’s video submission related to a project, they may unless a written request is made otherwise.

Payment of Fees

1. A valid credit card or PayPal profile is required for an Account.

2. An Account will be billed in monthly intervals.

3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (Taxes).

4. If you are resident in the U.S., taxes may apply to your subscription to or purchase of some or all of TSoG.tv’s products and Services, including without limitation, your subscription. Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to TSoG.tv, and will be calculated at the time of purchase of the Services. Such amounts are in addition to fees for the Services and will be billed to the credit card you use to pay for the Services.

5. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date TSoG.tv receives such a certificate.

5. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of TSoG.tv’s products and Services, which will be billed to your credit card until after such time that you provide TSoG.tv with the information described above.

6. TSoG.tv does not provide refunds.

Cancellation and Termination

1. You may cancel your account at any time through the account management portal or by emailing payments@tsog.tv and following the specific instructions indicated to you in TSoG.tv’s response.

2. Upon termination of the Services by either party for any reason:

  1. TSoG.tv will cease providing you with the Services and you will no longer be able to access your Account;
  2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
  3. any outstanding balance owed to TSoG.tv for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  4. your student’s password will be suspended or terminated.

3. TSoG.tv reserves the right to modify or terminate the Services for any reason, without notice at any time.

4. Fraud: Without limiting any other remedies, TSoG.tv may suspend or terminate your Account if it is suspected that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.

Summary:

To initiate a cancellation, email payments@tsog.tv. TSoG.tv will respond with specific information regarding the cancellation process for your Account. Once cancellation is confirmed, all your content will be permanently deleted.

TSoG.tv may change or cancel your Account at any time. Any fraud and TSoG.tv will suspend or cancel your Account.

Modifications to the Services

1. Fees or costs for using Services of TSoG.tv are subject to change upon 30 day’s notice from TSoG.tv. Such notice may be provided at any time by posting the changes to the TSoG.tv website and/or explaining the update to your Services via an emailed announcement.

2. TSoG.tv reserves the right at any time to time to modify or discontinue, the Services (or any part thereof) with or without notice.

3. TSoG.tv shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Security

TSoG.tv does not handle “Card Data” (defined as a cardholder’s account number, expiration date and CVV2) as TSoG.tv does NOT receive or store full card holder data. TSoG provides a PayPal Pro checkout page (integrated with Chargebee.com) which sends “Card Data” to the merchant processor directly at time of checkout processing.

Optional Tools

1. TSoG.tv may provide you with access to third-party tools, which TSoG.tv neither monitors nor has any control or input.

2. You acknowledge and agree that TSoG.tv provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. TSoG.tv shall have no liability whatsoever arising from or relating to your use of optional third party tools.

3. Any use by you of optional tools offered by TSoG.tv is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

4. TSoG.tv strongly recommends that users seek specialist advice before using or relying on certain tools.

Summary:

TSoG.tv is not responsible for third-party tools so use them at your own risk. If you use them, you agree that TSoG.tv does not provide a warranty, so get advice beforehand.

Privacy & Data Protection

TSoG.tv is firmly committed to protecting the privacy of your personal information and the personal information of our users. By using the Services, you acknowledge and agree that TSoG.tv’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Privacy Policy

This privacy notice discloses the privacy practices for TSoG.tv and TSoGiants.org. This privacy notice applies solely to information collected by this website. It will notify you of the following:

  • What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about events, information, new products or services, or changes to our privacy policy or terms of service.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website. You may:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (214) 575-5444 or via email at support@tsogiants.org.