GLOBAL GAME CHANGERS CHILDREN’S EDUCATION INITIATIVE, INC.

TERMS OF USE

Welcome to the GlobalGameChangers.org website. These Terms of Use ("Terms") are a legal contract between you and Global Game Changers Children’s Education Initiative, Inc. (“GGC”, "us", "our", "we", “Global Game Changers Student Empowerment Program”,  or "GlobalGameChangers.org") and govern your use of all the text, data, educational materials, information, software, graphics, photographs, videos, and other materials (all of which are referred to as "Materials") that we and our affiliates may make available to you through this website and/or any services we may provide through our website or our Mobile Applications (the website, services and Mobile Application are referred to collectively in these Terms as the "Services"). If you are agreeing to these Terms as a representative of a school or other entity, you represent that you have the authority to bind that entity and "you" herein refers to that entity.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES, MATERIALS, OR MOBILE APPLICATIONS. USING THE SERVICES, MATERIALS, OR MOBILE APPLICATIONS IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES, MATERIALS, OR MOBILE APPLICATIONS IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GGC.

Changes

We may alter the Materials and/or Services and/or we may choose to modify, suspend or discontinue any part of the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this Educator Portal.

If you object to any such modifications, your sole recourse shall be to cease all use of the Services and Materials. Continued use of any Services and Materials following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

General use

We invite you to use our Services for non-commercial purposes only. You must be at least 18 years old to create an account with GGC.

In these Terms we are granting you a limited, non-exclusive, revocable and non-transferable license to print and use the Materials as follows (the "Permitted Purpose"): (i) if you are using the materials as an individual for home use, homeschooling, or caregiving, the Materials are licensed to you for your personal, noncommercial, use only; (ii) if you are using the Materials in your capacity as an educator or on behalf of a school or other Organization, the Materials are licensed to you for use by you and your students. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms. Except as expressly permitted in the foregoing license grant and the Mobile Applications section below, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your use of the Services. UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, SCHOOLS OR ORGANIZATIONS NOT LICENSED TO USE THEM. 

Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Mobile applications

We make Mobile Applications available that enable access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application and install such copies on mobile device owned or leased solely by you, for your personal use in connection with your subscription to the Services. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

• You acknowledge that these Terms are between you and GGC only, and not with Apple, Inc. ("Apple").
• Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
• We, and not Apple, are solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
• You agree that we, and not Apple, are responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a 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.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an "Android App"):

• You acknowledge that these Terms are between you and GGC only, and not with Google, Inc. (“Google”).
• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

Geo-location terms

The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Accounts; password restricted services

We appreciate you visiting our website. You need not register with us to simply visit and view the website and not use any services or download any Materials. However, in order to access certain password-restricted areas of the website, to use certain services, and access certain Materials, you must successfully register an account with us.

If you want an account with us, you must provide, through the account registration page on the website all required information that is requested during the log-in process.

Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.

For so long as you use your GGC account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password, it is not a problem, as we will send a password update to your provided email address. You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services. It is also your responsibility to maintain the confidentiality of your password(s). Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.

The GGC website, Services and Materials are privately funded and made available at no cost to users.

Communication

By using any of our Services, you consent to receiving electronic communications from us. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy policy

We respect the information that you provide to us and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) at http://www.globalgamechangers.org/privacy/.

Submissions

Certain areas of the Services may permit you to submit feedback, information, data, text, images, videos, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

• You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
• If your User Submission contains student information and/or video and/or photo images you have acquired all necessary rights and permissions in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

Authorize Uses

To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.

Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Services, in the following, but not limited to, ways:

• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Services or servers or networks connected to any of the Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
• Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to cover all legal fees to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages GGC incurs as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

Proprietary rights

The Services include registered and unregistered trademarks, names and logos that belong to GGC. Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services, are our sole property. All Materials are herein copyrighted by GGC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of GGC, the copyright owner.

Students/Site/School

With respect to any student personally identifiable information (“Student PII”) collected or processed by GGC on behalf of an educational institution (a “Site/School”) that is subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its promulgating regulations, 34 CFR Part 99 (collectively, “FERPA”), GGC will:

• Use such Student PII in accordance with the GGC Privacy Policy, and only in order to provide the Services.
• Not disclose such Student PII data to any third parties, other than (i) to School or another entity upon the request of School, (ii) where required by law (e.g., court order), (iii) to an acquiring entity in the event of a business acquisition (in accordance with the Education.com Privacy Policy), or (iv) through online News & Stories User Submissions that contains student GGC project information and/or video and/or photo images you have acquired all necessary rights and permissions.
• Maintain reasonable security measures to protect Student PII data

Notwithstanding the above, GGC may use (and disclose) anonymous, de-identified and/or aggregate data derived from the Services, provided such data does not identify any Student. School/Site is responsible for ensuring that the collection, use, disclosure and processing of Student PII as part of the Services complies with applicable law (including but not limited to FERPA) and any other applicable legal or contractual restrictions, and School/Site further represents and warrants that it will not direct or engage GGC to collect, use, disclose or otherwise process Student PII in a manner that would violate applicable law or any other legal or contractual restrictions applicable to School.

Disclaimer of warranties

THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE USE OF THE SERVICES AND MATERIALS IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR MATERIALS, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GGC NOR ANY OF OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS OR THE SERVICES IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

TO THE EXTENT APPLICABLE THE COMMONWEALTH OF KENTUCKY IS THE STATE OF JUSRISDICTION FOR ALL LEGAL MATTERS AND ALL PARTIES USING SERVICE HERETO AGREE TO SUCH.

THE AGGREGATE MAXIMUM LIABILITY TO GGC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES AND MATERIALS IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.

Feedback

Any submissions by you to us (e.g., comments, questions, suggestions, materials (stories, videos and/or photographs) – collectively, “Feedback”) through any communication whatsoever (e.g., site upload, call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, including sharing on our public sites and/or blogs, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Severability

If any clause within these Terms are found to be illegal or unenforceable, that clause will be severed from the Terms whose remainder will be given full force and effect.

Contact us

If you have any questions about these Terms or otherwise need to contact GGC for any reason, you can reach us at info@globlagamechangers.org or by writing to Global Game Changers, The Carlysle Building, 201 East Main Street, Suite 104, Louisville, KY 40202.

Registration

To access our curriculum, worksheets, GGC education resources, or gain access to community features you are required to register to become a member. To register, you must provide the information required as part of your log-in, which includes a valid email address and password; as well as additional voluntary information about you (e.g., your "type": parent, educator, or administrator; school/organization affiliation, grade focus, zip code, etc.).

Public Forums: Blogs and Comments

As a service to our users, we provide you a News & Stories section where you can post (User Submissions) narrative, video, and photos. While your feed will not be public, it will be shared with other GGC community members and GGC is hereby authorized to share content from your feed and any supporting assets on the GGC public feeds.

If your User Submission contains student information and/or video and/or photo images you guarantee that you If your User Submission contains student information and/or video and/or photo images you have acquired all necessary rights and permissions in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms.

Surveys/Polls

At certain times, you may be asked to participate in surveys, which are generally aimed at obtaining general information, such as your reactions to a particular lesson, video or feature on our site. Because information obtained in these surveys is connected with individual subscribers and is used internally to improve our products or better market our services, participation is voluntary.