Please press “Accept” if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and Boston Scores. If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the Site.
Note for Children and Parents. The Site is intended for use by teachers. Limited use of the games that are made available on the Site are permissible for any user under the age of 18 whose parent or guardian agrees to accept these Terms on the child’s behalf. All other uses of the Site by anyone under the age of 18 is prohibited.
- Ownership; Proprietary Rights. As between you and Boston Scores, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to your Media, subject to the licenses granted to Boston Scores and other Site users herein. As between you and Boston Scores, Boston Scores owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Site, the Curriculum Materials (as defined below) and all other content available on the Site, the software and technology used by Boston Scores to provide Site features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Boston Scores Materials”). Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of Boston Scores Materials.
- Third Party Sites. The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Boston Scores is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
- 4.1 The Site allows you and other users to post and share Media through the Site and such other channels as may be enabled by Boston Scores. You understand that all Media is available only on an “as-available” basis and Boston Scores does not guarantee that the availability of Media will be uninterrupted or bug free. You agree you are responsible for all of your Media and all activities that occur under your user account. Some or all of your Media may be removed at any time, for any reason or for no reason and without notice. Without limiting the foregoing, your Media may be removed if Boston Scores determines (in its sole discretion) that its content is inappropriate or if it is the subject of flagging by other Site users.
- 4.2 You shall retain all of your ownership rights in your Media. You hereby grant Boston Scores a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your Media in connection with the Site and Boston Scores’ (and its successor’s) operations, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of the Site a non-exclusive license to access your Media through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Media as permitted by the functionality of the Site and this Agreement.
- 4.3 In connection with your Media, you further agree that you will not use, create, provide or post: (i) material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Boston Scores all of the license rights granted herein; (ii) material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) advertisements or marketing content or solicitations of business, or any content of a commercial nature. Boston Scores may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time.
- 4.4 You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Site, and further acknowledge that Boston Scores does not have any obligation to monitor such content for any purpose.
- 4.5 If you are a copyright holder and believe that a user of the Site has posted your copyrighted materials on the Site without your permission, you may contact us as specified in our Copyright Policy.
- Curriculum Materials.
- 5.1 The Site provides access to certain curriculum materials intended for use in a classroom (the “Curriculum Materials”). You receive a limited, non-exclusive, revocable license to access and view the Curriculum Materials only during the term of this Agreement and only for purposes of teaching students in your classroom. Without limiting the generality of Section 2 above, you acknowledge that downloading, copying, preparation of derivative works and re-distribution of the Curriculum Materials is strictly prohibited and would constitute an infringement of the intellectual property rights of Boston Scores.
- 5.2 The Site allows you to choose to pay for access to the Curriculum Materials or to receive such access at no charge. If you have chosen to receive access at no charge, you agree to provide such data and information as may be requested by Boston Scores from time to time (through the Site or otherwise) relating to your usage of the Curriculum Materials and the Site, and acknowledge that failure to do so may result in revocation of the license granted to you in Section 5.1 and/or termination of this Agreement and your ability to use the Site. If you have chosen to pay for access to the Curriculum Materials, Boston Scores would appreciate, but does not require, your provision of requested information regarding your usage of the Curriculum Materials and the Site.
- 5.3 If you choose to pay for access to the Curriculum Materials, then: (i) you authorize Boston Scores to charge the payment instrument provided by you for the license fee displayed to you at the time of your purchase; (ii) you represent and warrant that you have sufficient rights with respect to such payment instrument to grant the foregoing authorization; (iii) you acknowledge that such fee is non-refundable except solely as set forth in Section 7; and (iv) you agree to pay and all taxes associated with such fee, other than taxes which may be assessed on our income.
- Prohibited Uses.As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the Site, you represent and warrant that: (i) you are not located in any 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.
- Term; Termination. This Agreement is effective as of the date of your acceptance of it on the Site, and shall expire on the one (1) year anniversary thereof unless earlier terminated as set forth herein. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Site account through the Site user interface. If you are for any reason unable to delete your account through the Site user interface, you may also send us a request for deletion of your account to email@example.com. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data (including your Media) may continue to be stored in our backup systems until regularly scheduled deletions occur. Media that you have posted on the Site in a manner visible to any other user may not be deleted. You agree that Boston Scores, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Site. Boston Scores may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your use of the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Boston Scores shall not be liable to you or any third-party for any such termination. For the avoidance of doubt, termination or expiration of this Agreement means the termination of the license granted to you under Section 5.1 and you must immediately cease all use of the Curriculum Materials in such event. If we terminate this Agreement for no reason and you have paid for access to the Curriculum Materials under Section 5.3, we will provide you with a pro-rated refund of the amount you have paid based on the period of time left in the term of the Agreement at the time of termination. Sections 1 through 4, 6 through 12 and 14 will survive any expiration or termination of this Agreement.
- Disclaimers; No Warranties. THE SITE, CURRICULUM MATERIALS AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOSTON SCORES, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BOSTON Scores AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify and hold Boston Scores and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Site, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Boston Scores’ willful misconduct or gross negligence. Boston Scores reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOSTON Scores OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE SITE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH BOSTON SCORES, EVEN IF BOSTON SCORES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BOSTON SCORES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED FIVE U.S. DOLLARS OR THE AMOUNT YOU HAVE PAID BOSTON SCORES HEREUNDER DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, BOSTON SCORES’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Class Action Waiver.THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- Claims.YOU AND BOSTON SCORES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Changes to Agreement. Boston Scores may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Site user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
- Miscellaneous. Under this Agreement, you consent to receive communications from Boston Scores electronically. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Boston Scores without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Boston Scores as set forth herein.
- Contact Information. The Site is provided by Boston Scores, a 501(c)(3) organization. If you have any questions, complaints or claims with respect to the Site, you may contact us at firstname.lastname@example.org.