User Agreement

The Content is available for permissible viewing on or through the following (collectively, the “Properties”): i. the ed-game.com website (the “EdGame Site”); ii. EdGame’s affiliate and distributor websites; iii. other websites where users or website operators are permitted to embed the Video Player; and iv. EdGame authorized applications, features or devices.

Use of the EdGame Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a EdGame application, feature or device. Certain EdGame Services are provided to you free-of-charge. There are some other EdGame Services that, if you are interested in accessing, will require payment by you.

It is our pleasure to provide the EdGame Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the EdGame Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the EdGame Site or using any of the EdGame Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. If you have any questions or comments about these Terms, please contact us at: ed@ed-game.com.

  1. CHANGES TO THE TERMS OF USE BY EdGame EdGame may amend, change, update, and/or revise these Terms of Use at any time without noticeat our sole discretion on the EdGame Site at EdGame.com/terms. We will not send out any notice of changes to our terms, please check back often to review any changes to our terms and conditions.
  2. ACCESS AND USE OF THE EdGame SERVICES Age Limitations. If you are under the age of 18, then you are not permitted to order with EdGame or use any feature or other part of the EdGame Services that requires registration. In order to order from ed-game.com, you must be at least 18 years of age. 

 

Your License. EdGame is pleased to grant you a non-exclusive limited license to use the EdGame Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.

You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by EdGame in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by EdGame in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by EdGame. You may not build a business utilizing the Content, whether or not for profit.

The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by EdGame in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Ownership. You agree that EdGame owns and retains all rights to the EdGame Services. You further agree that the Content you access and view as part of the EdGame Services is owned or controlled by EdGame and EdGame’s licensors. The EdGame Services and the Content are protected by copyright, trademark, and other intellectual property laws. Your Responsibilities. In order for us to keep the EdGame Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the EdGame Services for lawful, non-commercial, and appropriate purposes only.

Your commitment to this principle is critical. You agree to observe the EdGame Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the EdGame Site or use the EdGame Services in a way that: • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; • uses technology or other means to access, index, frame or link to the EdGame Services (including the Content) that is not authorized by EdGame (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the EdGame Services); • involves accessing the EdGame Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the EdGame Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; • damages, disables, overburdens, impairs, or gains unauthorized access to the EdGame Services, including EdGame’s servers, computer network, or user accounts; • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the EdGame Services (including the Content); • uses the EdGame Services to advertise or promote services that are not expressly approved in advance in writing by EdGame; • collects personally identifiable information in violation of EdGame’s Privacy Policy; • encourages conduct that would constitute a criminal offense or give rise to civil liability; • violates these Terms or any guidelines or policies posted by EdGame; • interferes with any other party’s use and enjoyment of the EdGame Services; or • attempts to do any of the foregoing.

If EdGame determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the EdGame Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the EdGame Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the EdGame Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the EdGame Services (including the Content and the devices through which the EdGame Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that EdGame may do so in EdGame’s sole discretion. You also agree that EdGame will not be liable to you for any modification, suspension, or discontinuance of the EdGame Services.

Service. EdGame may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below.

Because the EdGame Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. GMT and ends at 11:59 p.m. GMT of that same calendar day.

All fees and charges are nonrefundable except in connection with your early cancellation of the order.

  1. COLLECTION AND USE OF PERSONAL INFORMATION For information about EdGame’s policies and practices regarding the collection and use of your personally identifiable information, please read EdGame’s Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the EdGame Site and use of the EdGame Services on any of the Properties are governed by the EdGame Privacy Policy in effect at the time of your use.
  2. USER REVIEWS, COMMENTS, AND OTHER MATERIAL Your Posts. As part of the ed-game.com, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the EdGame Services enjoyable for all of our users, you must adhere to the rules below.

Terms of Use. Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. EdGame does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of EdGame.

EdGame is not responsible for the content or practices of any website or destination other than the EdGame Site, even if it links to the EdGame Site and even if the website or destination is operated by a company affiliated or otherwise connected with EdGame. By using the EdGame Services, you acknowledge and agree that EdGame is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the EdGame Site.

Advertisements. EdGame takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the EdGame Services are between you and the advertiser, and you agree that EdGame is not liable for any loss or claim that you may have against an advertiser.

  1. TRADEMARKS EdGame, the EdGame logo, ed-game.com, and other EdGame marks, graphics, logos, scripts, and sounds are trademarks of EdGame. None of the EdGame trademarks may be copied, downloaded, or otherwise exploited.
  2. UNSOLICITED SUBMISSIONS It is EdGame’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. EdGame’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any EdGame creative work, including a film, series, story, title, or concept, would be purely coincidental.
  3. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE EdGame SERVICES, YOU AGREE THAT USE OF THE EdGame SERVICES IS AT YOUR OWN RISK. THE EdGame SERVICES, INCLUDING THE EdGame SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EdGame DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE EdGame SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL EdGame OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “EdGame PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE EdGame SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE EdGame PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS

DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE EdGame SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE EdGame PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE EdGame SERVICES (INCLUDING YOUR USE OF THE CONTENT). EdGame RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any Content, User Material, or other material provided through the EdGame Services, including through a link, infringes your copyright, you should notify EdGame of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that EdGame receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to ed@ed-game.com (subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EdGame Services that is reasonably sufficient to enable EdGame to identify and locate the material; (iv) how EdGame can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

EdGame has a policy of terminating repeat infringers in appropriate circumstances.

  1. ARBITRATION OF CLAIMS PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and EdGame agree to the following resolution process. To begin with, you agree that that any claim that you might have against us regarding these Terms of Use, the EdGame Services, or the Properties must be resolved through binding arbitration before the UK Arbitration Association using its Commercial Arbitration Rules.

It’s important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, EdGame is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

Because we prefer to resolve our issues with you directly, you agree to arbitrate with EdGame only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Arbitration hearings will be held in London, UK.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with EdGame for at least 30 days.

To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: ed@ed-game.com

  1. GENERAL INFORMATION Export Controls. Software and the transmission of applicable technical data, if any, in connection with the EdGame Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the UK without giving effect to principles of conflicts of law. In the event of a claim by you against EdGame, you agree to submit to the exclusive jurisdiction of the courts located in London of the UK. In the event of a claim by EdGame against you, you agree to submit to the jurisdiction of the courts located where EdGame pursues its claim against you, which may include courts in London of the UK.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at ed@ed-game.com (subject line: “TOU Violation”). Precisely how EdGame responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case.

You may not rely upon EdGame’s precise response with respect to one party or one situation as any indication of what EdGame might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party.

Further, EdGame’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if EdGame acts in a way that appears to you to be inconsistent with these Terms of Use, EdGame’s action shall not be deemed a waiver or constructive amendment of these Terms. Integration, Amendment, and Severability. Please note that these Terms of Use, including EdGame’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany EdGame authorized applications, features and devices, constitute the entire legal agreement between you and EdGame and govern your use of the EdGame Services (including your use of the Content) (but excludes any services, if any, that EdGame may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and EdGame in relation to the EdGame Services.

Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by EdGame. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature.

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

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