PlayMada Games LLC (“PlayMada Games”, “we” or “us”) respects the privacy of our users. This privacy policy (“Privacy Policy”) explains what information we collect about visitors, subscribers, and users of this website (“Website”) or users of our mobile applications (“Application”) (together referred to as “Users” or “you”) and how we use this information, as well as some of the steps we take to safeguard it against unauthorized use. This Privacy Policy applies to your use of our Website and our Application regardless of how you access or use them. If you have any questions about this Privacy Policy, you can contact us at privacy@k12.playmada.com. Any capitalized terms not defined in this Privacy Policy have the meaning assigned to them in our Terms and Application Terms, as applicable.
PlayMada Games does not knowingly collect or maintain Personally Identifying Information from any person under the age of 18 (“Minors”).
MINORS MAY NOT USE THIS WEBSITE OR THE APPLICATION WITHOUT CONSENT OF A PARENT/LEGAL GUARDIAN. IF WE LEARN THAT ANY PERSONAL INFORMATION ABOUT ANY MINOR HAS BEEN COLLECTED WITHOUT PROPER CONSENT, WE WILL TAKE REASONABLE STEPS TO DELETE ANY SUCH INFORMATION.
A NOTE TO KIDS UNDER 18: You must get permission from your parents/legal guardians before using this Website or the Application or sending any e-mail to us or to anyone on the Internet. This Website may offer subscription based services. If you wish to subscribe to any of the services offered through this Website, your parents/legal guardians need to complete the subscription form for you.
A NOTE TO EDUCATORS: You must get permission from the Minors’ parents/legal guardians before allowing Minors to use this Website or the Application or to send any e-mail to us or to anyone on the Internet. If you wish to subscribe to any of this Website on behalf of Minors, you may be required to receive their parents/legal guardians’ authorization to complete the subscription form for them.
For purposes of this Privacy Policy, “Personally Identifying Information” shall mean information which is identifiable to and is voluntary submitted to us by you, including but not limited to, e-mail, phone number, name, address, and information about your mobile device (as explained more below); “Anonymous Information” shall mean information which does not enable identification of an individual User.
Data collection
PlayMada Games does not routinely collect Personally Identifying Information from Users of this Website or the Application. We may make use of web analytics services and tools to collect statistical data on the use of the Website or the Application. We may make use of a standard feature found in browser software, called a “cookie,” to assign each user a unique, random number. Cookies allow us to track the pages visited by Users and to collect other statistical information. Using cookies helps us to deliver a more personalized service to our Users and to improve our services. We may further use cookies to monitor potential fraud and abuse or use which is not in accordance with the Terms or Application Terms. It is your choice whether to accept or reject cookies and you can set your browser settings to reject cookies altogether or to reject our cookies in particular or to delete these cookies. However, if you choose to reject cookies or delete them, it may limit some of the functionalities available or affect your experience with the services.
From those Users who order services or products from us, we may collect limited usage information, including Personally Identifying Information, in connection with User logins and passwords in order to monitor subscription compliance. This information is kept confidential and is not shared or sold to third-parties.
As part of our subscription and/or registration process, you may be asked to voluntarily submit limited personal information in order to create an account (typically full name, age, email address, affiliation, phone number, payment information (if applicable) and unique password). PlayMada Games will not sell or market directly to Minors and always seeks parental or legal guardian’s authorization whenever we identify that a Minor attempts to purchase a PlayMada Games product or service or provide Personally Identifiable Information to us.
If you provide us with contact information, PlayMada Games may provide your contact information to its partners, business affiliates or to third party service providers who work for PlayMada Games or operate some of its functionalities or its related services or communication with Users, such as customer service desk, to operate these services and communication. However, the partners and business affiliates will be authorized to use the contact information only to deliver our services or notices regarding our services, such as customer support or other ancillary services, to you. In no event shall the business affiliates or partners be authorized by us to use the contact information for other purposes, which are not related to delivering our services or notices to you and will not be authorized to contact you directly for other purposes.
PlayMada Games may use the collected information about your browser, operating system or other technical details of your usage to improve your experience with our services. Your use of the Application may also require our collection of certain additional Personally Identifying Information that uniquely identifies your mobile device, including, but not limited to your device’s unique device ID, the IP address of your mobile device, device type, operating system, connection information, the type of mobile internet browser you use, or other technical details of your usage to improve your experience with our services. Depending on the nature of the mobile device and the network you are utilizing to access the Application, additional Personally Identifying Information about you and your device may be collected as a result of network and device settings, including, but not limited to precise information about the location of your mobile device. PlayMada Games may further use the collected Anonymous Information (non-identifying information) about usage patterns, time of usage and form of usage, to improve the experience and to be able to improve PlayMada Games’ offering of our products and services to Users.
PlayMada Games reserves the right to use and disclose, in its sole discretion, Anonymous Information to third parties, including our partners, in order to target information presented to you. Anonymous Information disclosure in this regard may also include selective disclosure of search terms, as long as it does not explicitly reveal Personally Identifying Information.
Transfer of Personally Identifying Information in Business Transition
If PlayMada Games, in the future, will go through business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personally Identifying Information may be among the assets transferred. You expressly acknowledge that such transfers may occur, and that any acquirer of PlayMada Games or its assets may continue to use your Personally Identifying Information as set forth in this Privacy Policy. You hereby consent to such use if done according to this Privacy Policy.
Use of Metadata
PlayMada Games may use the metadata, including, but not limited to, tags, search history, links, comments, posts and clickstreams, which is created in the process of using our services to enrich Users’ experiences and provide Users and affiliates with useful information, in accordance with this Privacy Policy. PlayMada Games may use this collected information for targeted services. However, search history information may be shared with third parties only in its anonymous form (i.e. the Anonymous Information) and without disclosing any Personally Identifying Information which is associated with or related to this information.
Security Practices
We take reasonable steps to protect Personally Identifying Information and have put into place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personally Identifiable Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. We follow generally accepted industry standards to protect the Personally Identifying Information submitted to us, both during transmission and while maintaining this information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee the security of Personally Identifiable Information on or transmitted via the Internet.
We will use Personally Identifying Information provided by Users only to provide or update our services, and we will not sell or license that information to third parties.
Newsletters and Service-Related Announcements
If a User wishes to subscribe to our newsletter(s), we will use his or her name and email address to send the newsletter. Out of respect for privacy, we provide a simple way to unsubscribe from the newsletter. We will send Users service-related announcements on rare occasions when it is necessary or advisable to do so. For instance, if our service is temporarily suspended for maintenance, we may send an informational email.
Legally Required Disclosure
We reserve the right to disclose your Personally Identifiable Information if we are required to do so by law or if we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.
Disclaimer Regarding Linked Sites
While using this Website or the Application, you may be linked from or to third parties sites. These third party sites are subject to their own rules and policies, and are not subject to this Privacy Policy. We are not responsible for information, content, terms of use or privacy policies at these sites. Please read those rules and policies carefully before proceeding.
Legal Jurisdictions
If you are using this Website or downloading, installing or using the Application in jurisdictions other than the United States, please be aware that you are transferring your personal information to us in the United States. By using any of this Website or downloading, installing or using the Application, or providing us with any information, you fully understand and consent to the collection, transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. Any persons using this Website or downloading, installing or using the Application in any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, may only use this Website or download, install or use the Application in a manner lawful in their jurisdiction. If your use of this Website or Application would be unlawful in your jurisdiction, you must not use this Website or download, install or use the Application.
Changes to This Privacy Policy
The Internet is a dynamic and ever changing medium and as new or changed products and services are released and threats and technologies evolve, changes to this Privacy Policy may be required. We reserve the right to amend this Privacy Policy at any time. We expect most such changes to be minor, but there may be cases where changes may be more significant. We urge you to examine this Privacy Policy for changes. Posting the modified Privacy Policy will give effect to the revised terms. Your continued use of this Website or the Application indicates your acceptance of any revised terms. If you do not agree to the Privacy Policy as in effect from time to time, you must not use this Website or the Application.
Contact Us about Privacy
If you have any questions or concerns about this Privacy Policy, or our software or practices, please contact us at privacy@k12.playmada.com.
This website (“Website”) is operated by PlayMada Games LLC (“PlayMada Games”, “we” or “us”). Your access to and use of the Website, whether accessed via computer, mobile device or otherwise, is governed by these terms and conditions (“Terms”). By visiting, accessing or using the Website or any content obtained directly or indirectly from the Website, you expressly agree to be legally bound by these Terms. Wherever we use the term “you” or “yours” this means any user accessing the Website or using any of the services made available through the Website. If you do not so consent, you may not visit the Website or use any of its content. We reserve the right to revise these Terms and our Privacy Policy from time to time in our sole and absolute discretion. Any revisions to these Terms will take effect once posted on the Website. Please read these Terms carefully.
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 UNDER THE AGE OF 18, YOU MAY ONLY USE THE WEBSITE WITH THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE AN EDUCATOR, WHETHER IN A PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, PRIOR TO YOUR STUDENTS’ USE OF THIS WEBSITE, YOU ARE REQUIRED TO OBTAIN THE AUTHORIZATION OF THE STUDENTS’ RESPECTIVE PARENTS OR LEGAL GUARDIANS.
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.
PRIVACY POLICY
Please review our Privacy Policy which explains our privacy practices for the Website. Our Privacy Policy is incorporated into, and considered part of, these Terms. By visiting or using the Website you agree to our Privacy Policy, as in effect from time to time.
OWNERSHIP
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.
EMBEDDED CONTENT
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.
USER CONTENT
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: legal@k12.playmada.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).
USER ACCOUNT
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.
APPLICATIONS
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
Phone: 212-574-6001
email: legal@k12.playmada.com
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.
INDEMNITY
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.
TERMINATION
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.
WAIVER
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:legal@k12.playmada.com 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
You agree to check these Terms periodically for new information and terms that govern your use of the Website. We reserve the right to make changes to the Website, our policies, and these Terms at any time. Posting the modified Terms or Privacy Policy on the Website will give effect to the revised terms. Your continued use of the Website indicates your acceptance of any revised terms. If you do not agree to the revised terms, stop using the Website immediately. If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
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.
This application (“Application”) is a downloadable software application developed by PlayMada Games LLC (“PlayMada Games”, “we” or “us”). Your use of the Application is governed by (i) the terms and conditions of these Application Terms of Use (“Application Terms”); (ii) PlayMada Games’ Terms of Use (“Terms”); and (iii) PlayMada Games’ Privacy Policy (“Privacy Policy”). By downloading, installing or using the Application or any content obtained directly or indirectly from the Application, you expressly agree to be legally bound by these Application Terms, the Terms and the Privacy Policy. Wherever we use the term “you” or “yours” this means any user downloading, installing or using the Application or using any of the content, or services made available through the Application. If you do not so consent, you may not download, install or use the Application or any of its content. We reserve the right to revise these Application Terms, Terms and our Privacy Policy from time to time in our sole and absolute discretion. Any revisions to these Application Terms will take effect once posted. Please read these Application Terms carefully.
This Application provides interactive resources designed to help students excel in the field of science.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THE APPLICATION WITH THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE AN EDUCATOR, WHETHER IN A PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, PRIOR TO YOUR STUDENTS’ USE OF THIS APPLICATION, YOU ARE REQUIRED TO OBTAIN THE AUTHORIZATION OF THE STUDENTS’ RESPECTIVE PARENTS OR LEGAL GUARDIANS.
PlayMada Games reserves the right to include any updates to the Application and the Content (as defined below) (“Updates”), at any time and in its sole discretion. Updates will be deemed part of the Application for all purposes under these Application Terms. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Application and consent to our provision of automatic Updates. These Application Terms will govern any Updates provided by PlayMada Games, unless such Update is accompanied by a separate terms and conditions.
PlayMada Games reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in the Application 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.
PRIVACY POLICY
Please review our Privacy Policy [to be hyperlinked] which explains our privacy practices for the Application. Our Privacy Policy is incorporated into, and considered part of, these Application Terms. By downloading, installing or using the Application you agree to our Privacy Policy, as in effect from time to time.
OWNERSHIP
Subject to the provisions of these Application Terms, the Application and all of its contents, including without limitation all links, software, interfaces, chat rooms, forums, products, services, technology, user interfaces, profiles, widgets, messages, emails, graphics, images, video, code, sounds, music, games, videos, User Content (as further explained and defined below), all audio visual or other material appearing within or emanating to and/or from the Application, as well as the design and appearance of the Application 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 Application or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Application or the Content.
All product, brand and company names and logos used on the Application 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 Application, whether or not owned 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 Application, including without limitation all 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.
LICENSE TO USE
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to download, install and make personal use of the Application (“Use License”). This Use License is subject to your full compliance with these Application Terms.
The Use License does not allow you to: (i) modify the Application or the Content, or any portion thereof, except with our express prior written consent; (ii) reproduce, retransmit, adapt, translate, distribute, duplicate, publish, republish, copy, sell, resell, lease, decompile, reverse engineer, disassemble, or otherwise exploit, make available, or make any commercial use of the Application or the Content or any portion thereof; (iii) collect and use any of our offerings, product listings, descriptions or pricing thereof or otherwise attempt to download and/or copy information for the benefit of another or in violation of the Use License; (iv) make any derivative use of the Application or the Content; (v) use any data mining or reverse engineering tools, spiders, robots, or similar data gathering and extraction tools; (vi) attempt to create or create source code from the object code; (vii) 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 within the Application.
Notwithstanding the above, when certain Content is made available for printing (such as certain exercises or other features of the Application where a print key is indicated) you may print 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 Application or violation of these Application Terms and the Use License automatically terminates your permission to use our Application.
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 Application 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 Application, special features or links to various third party content 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.
EMBEDDED CONTENT
The Application 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 Application 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 Application 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.
USER CONTENT
Certain functionalities on the Application may allow you to submit, upload, post, or create (collectively “submit”) certain types of content(“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 Application, and to the extent that your use of the Application gives rise to any intellectual property rights, you hereby 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 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 within the Application, we encourage you to report such inappropriate content to: legal@k12.playmada.com.
We strictly prohibit the use of the Application for offensive, illegal or harming purposes. You agree not to use the Application (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. By downloading, installing or using the Application, you agree to only use the Application and the Content in a manner that is lawful in your jurisdiction. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You further agree not to use our Application 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 Application; (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 Application or related servers and networks; (v) attempts to gain unauthorized access to our Application’s users’ accounts (if applicable); (vi) constitutes a criminal offense or otherwise encourages criminal conduct; (vii) gives rise to civil liability; (viii) violates these Application Terms in any manner; (ix) fails to comply with the Application Terms applicable to Third Party Content; or (x) uses the Application 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 Application 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 Application, in any way or manner, or terminating such user’s account (if applicable).
USER ACCOUNT
Certain content and functionalities of our Application may require registration in order to be able to enjoy such content and functionalities. In order to register an account you may be asked to 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 mobile device, 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 Application.
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 our sole discretion.
THIRD PARTY APPLICATION STORES
If you are downloading, installing or otherwise accessing the Application via an application store operated by a third party (for example, App Store®), you acknowledge that such third party is not a party to and has not agreed to these Application Terms or, otherwise, does not sponsor, endorse or have any affiliation with the Application. Your download of the Application through such third parties is subject to their respective terms and conditions (e.g. App Store® usage rules).
FEES
We may charge a fee for downloading the Application that will be disclosed to you prior to you downloading the Application. These fees are subject to change. In the event that we change the fees charged for the Application, we will not provide any type of price protection, refunds or promotional pricing for any reason. Use of the Application may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Application and the Application may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your carrier to obtain further information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS APPLICATION INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED 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 APPLICATION OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION 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 APPLICATION, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION 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 APPLICATION OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE APPLICATION OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APPLICATION OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED WITHIN OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION. IN NO EVENT, SHALL OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE APPLICATION 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.
INDEMNITY
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 Application or our products, services, or offerings, your violation of these Application 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.
TERMINATION
You may stop using the Application 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 Application will cease immediately.
WAIVER
Any waiver of any provision of the Application 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 Application Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your downloading, installation or use of the Application 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 Application Terms must first, and before taking any other legal action, be submitted to us in the form of a complaint to: legal@k12.playmada.com 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 Application Terms arises, it shall be resolved as specified above.
CHANGES AND SEVERABILITY
You agree to check these Application Terms periodically for new information and terms that govern your use of the Application. We reserve the right to make changes to the Application, our policies, and these Application Terms at any time. Posting the modified Application Terms will give effect to the revised Application Terms. We urge you to examine these Application Terms for changes. Your continued use of the Application indicates your acceptance of any revised Application Terms. If you do not agree to the revised Application Terms, stop using the Application and uninstall the Application immediately. If any of the terms or conditions in these Application Terms shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
COMMUNICATION WITH US
You agree to receive communications from us electronically regarding these Application Terms and the Application, 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.