Terms and Conditions
We support the goals and guidelines set forth by oversight laws and bodies such as the Children’s Online Privacy Protection Act of 1998 (COPPA), the Center for Media Education (CME), the Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus and other organizations devoted to providing online safety and privacy for children, households, parents and schools. We also support districts and schools that are subject to compliance with the Family Educational Rights and Privacy Act (FERPA).
IF YOU ARE A SCHOOL, A DISTRICT OR AN EDUCATOR USING THE INDIVIDUAL ACCOUNTS ON BEHALF OF YOUR STUDENTS, INCLUDING IN A FREE VERSION, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON PARENTS’/GUARDIANS’ BEHALF OR THAT YOU HAVE OBTAINED CONSENT FROM PARENTS OR GUARDIANS OF YOUR STUDENTS IN ACCORDANCE TO THE LAWS GOVERNING YOUR JURISDICTION.
PlayMada Games reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered on the Website from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on PlayMada Games’ sole discretion. In addition, PlayMada Games may charge users for certain content or functionalities which are currently available for free.
Subject to the provisions of these Terms, the Website and all of its subdomains, contents, links, software (whether downloadable or non-downloadable), interfaces, chat rooms, forums, mobile products, services found on this Website, technology, user interfaces, profiles, widgets, messages, links, emails, graphics, images, video, code, sounds, music, games, videos, User Content (as further explained and defined below), Applications (as defined below), all audio visual or other material appearing on or emanating to and/or from the Website, as well as the design and appearance of the Website and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights to the Content.
You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a prior written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
All product, brand and company names and logos used on the Website are the trademarks or registered trademarks (including, but not limited to the trademarks “PLAYMADA”, “PLAYMADA GAMES”, and “COLLISIONS”) of their respective owners. Any use of any of the marks appearing on the Website, whether or not owned and/or operated by us (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
You may not use metatags or any other “hidden text” utilizing “PLAYMADA”, “PLAYMADA GAMES”, or “COLLISIONS” or any other name, trademark, service mark or product or service name of PlayMada Games without our prior written consent. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PlayMada Games and may not be copied, imitated or used, in whole or in part, without our prior written consent. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
WEBSITE ACCESS AND LICENSE TO USE
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to access and make personal use of the Website (“Use License”). This Use License is subject to your full compliance with these Terms.
The Use License does not allow you to: (i) download (other than as necessary for page viewing) or modify the Website or the Content, or any portion thereof, except with our express prior written consent; (ii) reproduce, distribute, duplicate, republish, copy, sell , resell or otherwise exploit or make any commercial use of the Website or the Content; (iii) collect and use any of our offerings, product listings, descriptions or pricing thereof or otherwise attempt to or download and/or copy information for benefit of another or in violation of the Use License; (iv) make any derivative use of the Website or the Content; (v) use any data mining or reverse engineering tools, spiders, robots, or similar data gathering and extraction tools; (vi) frame or utilize framing techniques, caches or similar techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) located on the Website.
Notwithstanding the above, when certain Content is made available for download or printing (such as certain exercises or other features of the Website where a print or download key is indicated on the specific webpage of the Website) you may print or download the page or the available material, as applicable, solely for your personal use or for non-commercial educational purposes subject to the Use License. Any unauthorized use of the Website or violation of these Terms and the Use License automatically terminates your permission to use our Website.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
The Website may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
THIRD PARTY CONTENT
From time to time, we reserve the right to offer, through the Website, special features or links to various third party websites or functionalities provided by third parties (“Third Party Content”). Third Party Content may contain terms and conditions that will govern the use of such features. In such cases, any terms specific to Third Party Content will control in the event that there is a conflict with these Terms. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
The Website may provide you with an “Embedded Features” option that enables you to incorporate certain Content into your own personal, non-commercial websites for use in accessing the materials on your website (“Embedding”). Your use of Embedding, is subject to these Terms, in all respect, including, but not limited to limitations imposed by the Use License. You must provide a prominent link back to your website on all pages containing the Embedded Features. Please note that all of the limitations and restrictions and all of the terms included in these Terms apply to the use of this feature. We reserve the right to revoke the license to use the Embedded Features for any reason in its sole discretion and without providing you with explanations or clarifications. You agree to remove the Embedded Features from your website immediately upon request from us.
Certain functionalities on the Website may allow you to submit, upload, post, or create (collectively “submit”) certain types of content, including but not limited to images or screenshots (“User Content”). You acknowledge and agree that we do not guarantee any confidentiality with respect to any User Content you submit.
In exchange for use of the Website and to the extent that your use of the Website gives rise to any intellectual property rights, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and freely transferable license to use, publish, reproduce, distribute, disseminate, copy, prepare derivative works of, and display, in whole or in part, the User Content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content, and you hereby waive any claim to the contrary. You acknowledge and agree that User Content may be utilized by our users in various ways over which we do not have any control and you expressly release us from any claims with respect to any use of User Content by any third parties.
We do not endorse any User Content submitted to the Website and expressly disclaim any and all liability in connection with such User Content. We reserve the right to remove or modify any User Content in any manner, at any time and without prior notice. If you find any inappropriate Content on the Website, we encourage you to report such inappropriate content to: email@example.com.
We strictly prohibit the use of the Website for offensive, illegal or harming purposes. You agree not to use the Website (i) to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content, or (ii) for purposes that are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, as determined in our sole and absolute discretion. You agree to only use the Website and the Content in a manner that is lawful in your jurisdiction.
You further agree not to access or use our Website in a manner that (i) is unlawful, fraudulent, deceptive, or impersonates any person or entity; (ii) uses technology or other means to access unauthorized content or non-public spaces or reverse engineer any functionalities of the Website; (iii) uses any type of automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; (iv) introduces or attempts to introduce viruses or any other harmful computer code or programs that interrupt, destroy or limit the functionality of the Website or related servers and networks; (v) attempts to gain unauthorized access to our Website’s users’ accounts (if applicable); (vi) constitutes a criminal offense or otherwise encourages criminal conduct; (vii) gives rise to civil liability; (viii) violates these Terms in any manner; (ix) fails to comply with the terms applicable to Third Party Content; or (x) uses the Website for creating, sharing and sending unsolicited commercial messages, unsolicited or unauthorized advertising, promotional materials, political messages, spam, junk mail, chain letters, pyramid schemes or any other solicitation material.
Display of User Content on the Website does not constitute our approval or endorsement thereof. We reserve the right to remove any content that we deem to be illegal, offensive or inappropriate, in our sole discretion, and we reserve the right to take action against the user submitting such User Content, including, but not limited to, suspending any or all use of the Website, in any way or manner, or terminating such user’s account (if applicable).
Certain content and functionalities of our Website may require registration in order to be able to enjoy such content and functionalities. In order to register an account you must provide certain information when prompted. This information may include, without limitation, the following: (i) full name, email address, telephone number and physical address; (ii) if you are a school or educator, school name, district, state, address, telephone number and email address; and (iii) user name and password.
We reserve the right to decide which content and functionalities require registration or will require registration in the future. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website.
Please note that PlayMada Games is in the business of producing and selling educational content and products designed for educators and students. However, in such case PlayMada Games sells them to adults or entities, who/which, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. We reserve the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion.
The Website may allow you to download certain applications to be used on mobile devices, such as smart phones or tablets (“Application” or “Applications”). The download and use of the Applications is governed by these Terms and by any terms applicable to the Applications at the time you download such Applications onto your mobile device (“Application Terms”). Any conflicts between these Terms and the Application Terms with respect to Applications shall be resolved in favor of the Application Terms.
COPYRIGHT POLICY AND COMPLAINTS
We respect the intellectual property of others. If you believe that any material on the Website infringes upon any copyright that you own or control, please send us a notification of such infringement 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 can be found on the Website;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
PLAYMADA GAMES LLC
71 West 23rd Street, 17th Floor
New York, NY 10010
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts (if applicable) and/or pursuing other remedies, at our sole discretion, if we suspect that the user has infringed the intellectual property rights of PlayMada Games or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE WEBSITE OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF WEBSITE OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. IN NO EVENT, SHALL OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO US BY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY OR LIABILITY OF ANY OF OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, hold us harmless and, at our option, defend us and our affiliates, and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products, services, or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account (if applicable), of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You may stop using the Website at any time and in your sole discretion, with no need for justification and with no charge provided that you contact us and request to delete your account. Note that the termination of an account does not delete the information posted by you and you may need to contact us directly to request editing, deletion or removal of such information. If your account is terminated, your rights to use the Website will cease immediately.
Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.
DISPUTES AND APPLICABLE LAW
You agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your visit to this Website or your use of the Content shall be solely settled by final and binding arbitration administered by the American Arbitration Association in New York City and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the above, PlayMada Games shall have the right to apply to any court of competent jurisdiction for temporary or permanent injunctive relief without breach of this section.
Without derogating from the above, any claim that you may have in connection with these Terms must first, and before taking any other legal action, be submitted to us in the form of a complaint to:firstname.lastname@example.org to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved as specified above.
CHANGES AND SEVERABILITY
COMMUNICATION WITH US
You agree to receive communications from us electronically regarding these Terms and the Website, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.