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.
- 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.
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.
All fees and charges are nonrefundable except in connection with your early cancellation of the order.
- 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.
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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org (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.
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: email@example.com
- 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.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at firstname.lastname@example.org (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.
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.