Terms of Service

By using features and content at the QUANDARY website, you are agreeing to the following terms:

  1. You are acknowledging that the game, text, images, features, layout and everything else you see and use, except things you create yourself, are the intellectual property of Learning Games Network, or belongs to another person or entity and are used with conditions under special agreement. You agree to respect Learning Games Network’s rights, and the rights of those other persons and entities, to the full extent of the law. You will not copy, adapt, modify, reverse engineer, appropriate, sell, rent, commercialize or misuse any part of it. All title remains with Learning Games Network or those third parties.
  2. You will use this site, and all of its materials and content, only for their intended online purpose, and consistent with all terms, policies and restrictions. You agree to use the site only for legitimate and reasonable purposes. You will not use it to harm anyone or engage in any form of insulting, obscene, vulgar, predatory, racist, or other inappropriate use. You will not use it to encourage, condone or solicit illegal or inappropriate conduct, or to violate anyone’s rights. You will not do anything to harm the site, or anyone else’s enjoyment of it.
  3. Learning Games Network is a non-profit organization. It promotes research, education, and programs in the field of game-based learning for the benefit of children, families, teachers, and the education market more generally. You agree that if you submit any new content or suggestions to us, Learning Games Network, and any agent or transferee of Learning Games Network, can use it perpetually, transferably, and without charge or payment, for any purpose, including without limitation in connection with the site, the programming on the site, marketing and promotion, consumer items, and any other programs of Learning Games Network. You agree that this is automatic, and that by submitting such material, you grant to Learning Games Network a fully paid up, royalty-free, worldwide, irrevocable, transferable, sublicensable, nonexclusive license to such submissions for any purpose. To the extent any “moral rights,” “ancillary rights,” or similar rights in such submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you will procure the same agreement not to enforce from any others who may possess such rights.
  4. You agree to provide us with only truthful and accurate information, and to update it to keep it accurate from time to time if necessary. That includes information you provide in order to access the site, and information in response to queries to investigate problems or protect the rights of Learning Games Network or third parties.
  5. You agree to notify us promptly of any violation of these policies that you learn about, including any unauthorized use of your password or online identity, and any violation of the rights of Learning Games Network or third parties, and any harassment or other inappropriate conduct towards other users.
  6. You agree that we may suspend or terminate your account and your ability to use the QUANDARY website or any portion of them for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. You also understand and agree that we may take appropriate legal action to enforce these terms, others rights, and the requirements of applicable laws and regulations.
  7. PRIVACY
    You agree that you have read and accepted the privacy policy. You also understand and agree that Learning Games Network cannot guarantee the privacy of information you yourself, or your children, choose to disclose. That applies to the selection of usernames. You understand that you have no expectation of privacy or security with respect to such disclosures, or to their potential misuse by others. You assume that risk and agree to take all necessary steps to limit such disclosures on the site. You understand that while Learning Games Network will use reasonable efforts to promptly address any abuses of the site that come to its actual attention through site channels, Learning Games Network is not responsible for such third-party activities.

  8. DISCLAIMERS
    THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE QUANDARY WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE QUANDARY WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QUANDARY WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING PERSONAL INFORMATION).

    The QUANDARY site may contain the opinions and views of other users. Given the interactive nature of these site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

  9. INDEMNIFICATION
    You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the QUANDARY site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve 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.

  10. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE QUANDARY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE QUANDARY SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE QUANDARY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

    WE MAY TERMINATE YOUR FURTHER ACCESS TO THE QUANDARY WEBSITE OR CHANGE THE QUANDARY SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  11. JURISDICTION AND VENUE
    You agree that any action at law or in equity arising out of or relating to these terms of use or the QUANDARY site shall be filed, and that venue properly lies, only in state or federal courts located in Suffolk County, Boston, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the QUANDARY website is appropriate or available for use in any particular location. Those who choose to access the QUANDARY site do so on their own initiative and are responsible for complying with all applicable laws and regulations.
  12. AMENDMENT
    Learning Games Network reserves the right to may amend these Terms of Use (including by modification, deletion and/or additions) at any time, and without notice. Any such amendment to these terms of use will be effective thirty (30) calendar days following its posting on this site, unless we need to make an emergency change, in which case it will take effect immediately.

  13. GENERAL PROVISIONS
    These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. Our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE QUANDARY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    Supply of goods, services and software through the QUANDARY site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the QUANDARY site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the QUANDARY site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

  14. CLAIMS OF COPYRIGHT INFRINGEMENT
    We will terminate access by copyright infringers in accordance with law. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the following Designated Agent:

    Service Provider: Learning Games Network/QUANDARY Name of Agent Designated to Receive Notification of Claimed Infringement: Shelley Brown Full Address of Designated Agent to Which Notification Should be Sent: 369 Congress Street | 7th Floor | Boston, MA 02210 Telephone Number of Designated Agent: 1.617.494.4946 E-Mail Address of Designated Agent: info@learninggamesnetwork.org

    To be effective, the notification must be a written communication that includes the following:

    • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    We may give you notice that we have removed or disabled access to certain material by means of a general notice on the QUANDARY site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.