Terms of Service


In General

TeacherGaming LLC (collectively “we” or “us”) owns and operates this website. This document governs your relationship with TeacherGaming Store ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service" or "Terms") as well as all applicable laws, rules and regulations. These Terms apply to each user of the products purchased from the Website.

By using and accessing the Services you agree that you have read, understand and agree to be legally bound by the Terms of Service, as they may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Please read the Terms carefully and contact us with any questions. If you are under the age of 18, you represent that you have the consent of your parent or guardian. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THE SERVICES. If you do not agree to be bound by these Terms, do not access the Services.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by TeacherGaming LLC. TeacherGaming LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy section of the Website. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and TeacherGaming LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

TeacherGaming LLC grants you a revocable, personal, limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Services for personal, educational, or non-commercial purposes only. In downloading and utilizing the Services, you are responsible for ensuring compliance with any applicable terms and conditions of any site through which the Services are made available. As between TeacherGaming LLC and you, title, ownership rights, and intellectual property rights in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with TeacherGaming LLC or their respective rights holders.

You understand that TeacherGaming LLC may modify or discontinue the Services or any of its features at any time in its sole discretion. The Terms of Service does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services except in TeacherGaming LLC's sole discretion. You do not acquire any right, title or interest in any content on the Services by virtue of accessing the Services or making use of the permitted uses allowed under these Terms of Service. No license to use or reproduce any logo or trademark included on the Services is granted to you by these Terms or otherwise. The trademarks, logos, service marks and business names displayed on the Services or the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Services and any unauthorized reproduction, retransmission or other use of any part of the Services may infringe our, or third parties' copyrights, trademarks, privacy, publicity or other rights.

Limitations

In connection with your use of the Services, you will not, and will not allow any third party to

  • Use the product outside of the premises of the Educational Customer that purchased it
  • Post or link to any material that contains:
    • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual
    • Obscene, defamatory, libelous, slanderous and/or unlawful content
    • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent
    • Inflammatory religious content
    • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities or
    • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
  • Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Services
  • Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any content contained therein
  • Use the Services in any manner that could damage, disable, overburden, or impair the Services, TeacherGaming, the applicable social networking site, or any other person or entity
  • Use the Services in a commercial manner, including any resale, streaming, or use as a service bureau or
  • Collect any information (including usernames and/or email addresses) about other users of the Services, create or transmit unwanted electronic communications to other users of the Services or otherwise interfere with such users' enjoyment of the Services.
Unless otherwise expressly authorized in these Terms or on the Services, you may not take any action to interfere with the Services or any other user's use of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Services without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.

You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Services.

User Content

By posting, uploading, or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Services, you grant to TeacherGaming LLC, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, publish, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. We may also use your name, likeness, and other identifiable information associated with your User Content, however we acquire no ownership in the User Content beyond the license granted herein.

You represent and warrant that: (a) You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Services; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the Terms, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Services.

You are solely responsible for the User Content that you post, store or upload through or in connection with the Services. TeacherGaming LLC does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Services; however, TeacherGaming LLC reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Services at any time and for any reason without notice. Without limiting the foregoing, TeacherGaming LLC may remove any User Content for any reason including content that in the sole judgment of TeacherGaming LLC violates the Terms of Service, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TeacherGaming LLC does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

Digital Millennium Copyright Act (“DMCA”)

Notice or notice of other Intellectual Property Violations. We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.

It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: general@teachergaming.com

If you believe that content that you or a third party owns has been used via the Services in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with 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 is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Order processing times may vary according to availability and subject to any delays resulting from technical problems or force majeure for which we will not be responsible.

In order to contract with TeacherGaming LLC or the Website you must be over 18 years of age. TeacherGaming LLC retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be TeacherGaming LLC or may in some cases be a third party. Where a contract is made with a third party TeacherGaming LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account or credit/debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel within 30 days of the purchase and you have already paid for the goods, you will receive a full refund.

Delivery costs and handling fees will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Limitation on Liability; Disclaimers; No Service Level Agreement

THE SERVICES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. TEACHERGAMING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEACHERGAMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEACHERGAMING DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICES. TEACHERGAMING DOES NOT WARRANT THAT THE SERVICES OR SERVICES CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TEACHERGAMING) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

TEACHERGAMING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL TEACHERGAMING, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICES OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $50.00.

WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT SERVICES WILL BE AVAILABLE FOR USE CONTINUOUSLY, BE ERROR FREE OR MEET ANY SERVICE LEVELS.

Linking to this Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

The Services may contain links to websites operated by or on behalf of TeacherGaming LLC, and your use of such websites is subject to the applicable policies of those websites. The Services, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. TeacherGaming does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. TeacherGaming LLC encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.

Indemnity

You agree that you will defend, indemnify and hold harmless TeacherGaming LLC, its parent, subsidiary and affiliated companies, and each of the foregoing entities' respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Services of violation of these Terms, including without limitation (i) all matters related to your access to and use of any TeacherGaming online services, including, without limitation, your use of the Services, (ii) your violation of any provision contained in the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Services caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.

Governing Law, Arbitration, and General Terms

These Terms, and your relationship with us under these Terms, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys' fees).

Termination

TeacherGaming reserves the right, at any time and in its sole discretion, to discontinue the use of the Services in whole or in part, and prevent any person or entity from access to the Services. Upon termination for any reason, sections Limitation on Liability, Disclaimers, Indemnity and Governing Law, Arbitration, and General Terms, together with any licenses granted to TeacherGaming LLC hereunder, will survive.

Variation

TeacherGaming LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us by emailing general@teachergaming.com.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

No Class Actions

You agree to resolve any disputes related to these Terms as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Services at the terms designated, and that your assent is an indispensable consideration to these Terms.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Severability

If any provision in these Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.

No Assignment, Sublicense or Transfer

You may not assign, sublicense, or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Website. These Terms set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms shall survive the expiration of these Terms including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these Terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.