Terms of Service

This Terms of Service refers to the website called The Triforium Tribune or TriforiumTribune.com offered on the internet and the Wix app.  This website is owned and operated by Elizabeth Gain DBA Spinguin Media.  These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website operates as an online provider of written, audio, and video content and new media services for education and social collaboration.  It offers visitors self-paced digital courses, a catalogue of curated videos, a magazine of curated writings, live online classes, and other products as they become available. By accessing or using our service, you approve that you have read, understood, and agree to be bound by these Terms.  We reserve the right to revise these Terms at any time, and you are encouraged to review the Terms often because your use of the site will constitute your acceptance of any changes.

We operate as a small business persistently developing and troubleshooting a global website.  As such, we make no guarantees regarding the availability and visibility of pages, services, and content, and we reserve the right to correct pricing and visibility errors that may inadvertently occur.  We reserve the right to change our prices and services at any time.

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Who may use our services

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In order to use our website and/or receive our services, you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.  You are not allowed to use this website or its services if you have been suspended or removed by The Triforium Tribune for any reason.

Key services

Member Account: Our website offers users the option to register for a free or paid Member account.  In doing so, you are supplying us with personal information that is stored in our database.  We respect users' privacy, and we operate in good faith in accordance with our Privacy Policy.  Given our reliance on the security features of the Wix hosting platform and it’s integration with third-party software and servers (Wix Payments, Stripe, Apple Pay, Google, Facebook, Quickbooks, etc.), we make no guarantees regarding the security of your information or the uninterrupted operation of the host servers.

Paywalls: Our website offers paid Plans to use some of our services.  A paid Plan may be the only way to see and interact with some of the website content that is hidden from non-paying members and the general public.  This paywall is necessary to maintain the integrity of our population of participating members.  

Online Meetings:  Our website offers members the opportunity to book and attend Online meetings over Zoom.  Our meetings are hosted by representatives of the website who lead the session according to its purpose as listed on the session description. Attending these meetings will also include interaction with other members who booked the service, so we can make no guarantee for the content of these meetings for those who attend.

Medical Disclaimer: All services and content provided by TriforiumTribune.com are for educational, artistic, and social networking purposes only. We do not provide medical or health advice, counseling, treatment, or therapy of any kind. Our services are not a substitute for consulting a professional healthcare provider.

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Groups: The Groups feature is untested, and should not be used or used at your own risk.

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Wix App: TriforiumTribune.com on the Wix app is untested, and should not be used or used at your own risk.

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Use of the Site

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You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Your public profile may be visible to site members, and some of your public activity (such as comments on blog posts) may be visible to other visitors of the website.  

We prohibit any use of the Site for any of the following purposes: posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity; posting any information which is untrue, inaccurate or not your own; engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation; attempting to interfere in any way with the Site’s or The Triforium Tribune’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. 

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Return and refund policy

Once you have purchased a membership plan or channel subscription, there are no refunds.  You can cancel at any time, and your access to the paid-for services will expire at the end date of the plan or subscription you purchased.  You will not be refunded any money for cancelling or because you don’t want to be a member anymore.

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Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.  We operate in good faith, yet we need to include these terms because we are a small business, and we live in an area that can be disrupted by extreme weather, wildfire, and power outages.

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Ownership of Intellectual Property, copyrights, and logos

The content (other than content that may be submitted by Members), materials, text, images, videos, audio, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the exclusive property of The Triforium Tribune and Spinguin Media and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to copy, reproduce, transmit, publicly display, publicly perform, publish, sell, license, rent, distribute, adapt, edit, modify or create derivative works from any content or materials on the Site. The Triforium Tribune, The Wording Kiosk, Betsy Again, Spinguin, and Working With I Am the Word are trademarks owned by Elizabeth Gain DBA Spinguin Media.  All other trademarks are the property of their respective owners. 

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Submitted Content 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

The Triforium Tribune does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant The Triforium Tribune and Spinguin Media a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub license such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant The Triforium Tribune and Spinguin Media the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Triforium Tribune will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. 

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.  In addition, you may discontinue use and request to cancel your account and/or any services at any time.  In either case, you will not receive a refund, and automatically-renewed subscriptions to paid services will be discontinued upon the expiration of the respective period for which you have already made payment.

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Indemnification

You agree to indemnify and hold The Triforium Tribune, Working With I Am the Word, and Spinguin Media harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Triforium Tribune or Spinguin Media be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, The Triforium Tribune and Spinguin Media assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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International Use 

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

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Right to Change and modify terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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Promotional emails

If you subscribe to our website, enroll in a course, take a survey, or purchase or accept an offer of digital goods, you agree to receive from time to time promotional messages and materials from us by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please click “unsubscribe” at the bottom of emails or notify us at any time.

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Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of California, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Nevada County, CA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Customer Support or Inquiries

Requests for customer support or inquiries can be made by emailing info@triforiumtribune.com or by mail to this address:

Spinguin Media

PO Box 3372

Grass Valley, CA 95945

USA