Your use of the Services is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.
By accessing the Services, you agree that you have read, understand and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access the Services. These TOU may be modified by us at any time. You can review the most current version of these TOU at any time here kerbaledu.com/licensing In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these TOU.
1. License. TeacherGaming grants you a revocable, personal, limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Services for non-commercial purposes. In downloading and utilizing the Services, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Services is made available. As between TeacherGaming and you, title, ownership rights, and intellectual property rights in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with TeacherGaming. You understand that TeacherGaming may modify or discontinue the Services or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services except in TeacherGaming's sole discretion. You do not acquire any right, title or interest in any content on the Services by virtue of accessing the Services or making use of the permitted uses allowed under these TOU. You do not have a license to use or reproduce any logo or trademark included on the Services is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Services are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Services and any unauthorized reproduction, retransmission or other use of any part of the Services may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
3. Limitations. In connection with your use of the Services, you will not, and will not allow any third party to:
Post or link to any material that contains:
Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
Obscene, defamatory, libelous, slanderous and/or unlawful content;
Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
Inflammatory religious content;
Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Services;
Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any content contained therein; /span>
Use the Services in any manner that could damage, disable, overburden, or impair the Services, TeacherGaming, the applicable social networking site, or any other person or entity; or
Collect any information (including usernames and/or email addresses) about other users of the Services; create or transmit unwanted electronic communications to other users of the Services; or otherwise interfere with such users' enjoyment of the Services.
Unless otherwise expressly authorized in these TOU or on the Services, you may not take any action to interfere with the Services or any other user’s use of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Services without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Services.
4. User Content. By posting, uploading, or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with any Service(s), you grant to TeacherGaming, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, publish, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. We may also use your name, likeness, and other identifiable information associated with your User Content.
You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Services; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Services.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Services. TeacherGaming does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Services; however, TeacherGaming reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Services at any time and for any reason without notice. Without limiting the foregoing, TeacherGaming may remove any User Content for any reason including content that in the sole judgment of TeacherGaming violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TeacherGaming does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
5. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
If you believe that content that you or a third party owns has been used via the Services in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with 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;
your 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 or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
6. Limitation on Liability; Disclaimers. THE SERVICES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. TEACHERGAMING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEACHERGAMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEACHERGAMING DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICES. TEACHERGAMING DOES NOT WARRANT THAT THE SERVICES OR SERVICES CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TEACHERGAMING) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
TEACHERGAMING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL TEACHERGAMING, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICES OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
7. Indemnity. You agree that you will defend, indemnify and hold harmless TeacherGaming, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, members, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Services of violation of these TOU, including without limitation (i) all matters related to your access to and use of any TeacherGaming online services, including, without limitation, your use of the Services, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Services caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
8. Links to Other Sites. The Services may contain links to websites operated by or on behalf of TeacherGaming, and your use of such websites is subject to the applicable policies of those websites. The Services, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. TeacherGaming does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. TeacherGaming encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.
9. Termination. TeacherGaming reserves the right, at any time and in its sole discretion, to discontinue the use of the Services in whole or in part, and prevent any person or entity from access to the Services. Upon termination for any reason, Sections 6 (Limitation on Liability; Disclaimers;), 7 (Indemnity) and 10 (Governing Law, Arbitration, and General), together with any licenses granted to TeacherGaming hereunder, will survive.
10. Governing Law, Arbitration, and General Terms. These TOU, and your relationship with us under these TOU, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these TOU shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
No Class Actions.
You agree to resolve any disputes related to these TOU as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Services at the terms designated, and that your assent is an indispensable consideration to these TOU.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, members, representatives, agents or affiliates, arising out of or relating to your use of the Service or these TOU: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any provision in these TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these TOU shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer these TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these TOU.
These TOU set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these TOU shall survive the expiration of these TOU including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
Questions: Should you have any questions regarding these TOU you may contact us at general(at)teachergaming.com.