The “Embodied Games Website” or “the EG Website” or “the EG Site” means the website associated with the domain name www.embodied-games.com. “Embodied Games” or “EGL Games” or “Embodied Games for Learning” refers to Embodied Games, LLC, the owner of the Website, also referred to as “we” or “us” or the “Company”.
2. Acceptance of Terms and Amendments.
The content on the Website, except all User Content (and User-Created Game Content as defined below), including without limitation, the trademarks, copyrights, text, software, graphics, photos, music, videos, and the like (“Content”), is owned by Embodied Games or licensed to Embodied Games and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content on the Website is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited by any methods in use now or those invented in the future, for any other purposes whatsoever without the prior written consent of Embodied Games. Free games with Creative Commons….appropriate attribution can be distributed at will. Embodied Games reserves all rights not expressly granted in and to the Website and the Content.
Member Account, Password and Security.
If you create an account on or become a subscriber of Embodied Games on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Embodied Games of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. Embodied Games has the right to suspend or terminate your account for any reason, including for violations of this or any other agreement with the Company. Voluntary dissemination of passwords will damage the sustainability and quality of the games provided by the Company and could result in your termination of use and possible grounds for legal action by us. Although we have confidence in our security policies, their effectiveness relies upon your adherence to these Terms. You may be liable for our losses or the losses of others due to such unauthorized use.
You may be able to or be asked to post user-generated content, such as comments, photos, presentations, articles, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. By posting User Content, you grant the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) by any means in use now or those invented in the future and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Embodied Games, the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, by any means in use now or those invented in the future, and to grant and authorize sub-licenses of the foregoing. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Embodied Games the rights granted herein.
User-Created Game Content (UCGC).
Certain games have the capability of accepting user-created content (“User-Created Game Content” – UCGC) into the games themselves. The Company may ask to use some of this content in a next iteration of the game, or make the UCGC available to others. The Company will make best efforts to secure the written permission of the account owner prior to the use of the content. By granting us permission you will grant Embodied Games the right to use, copy, edit, highlight, feature, distribute, and display such content by any means in use now or those invented in the future, unless the owner of the account indicates otherwise, that is, refuses within 90 days to allow the use of such content. It will be understood as consent from you, the account owner, and deemed as your permission to use the content if you do not indicate your refusal within the 90 days period.
Website Provided “As Is.”
You understand and agree that the Embodied Games Website and all services and information provided on it are provided “As Is” and that Embodied Games assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not Embodied Games, are responsible for all material that you post, transmit or otherwise make available through the Website. You acknowledge that Embodied Games and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website, including all User Content and UCGC.
Unless otherwise provided in a written agreement between us and you, the Site and any information, products or services made available through the Site are provided on an “AS IS,” “AS AVAILABLE” and “AS MODIFIED FROM TIME TO TIME” basis.
Embodied Games makes best efforts to maintain all the data you and your students have generated while playing. Data loss is not the responsibility of Embodied Games. There are many reasons why this process can sometimes go awry and you agree that you are entering this agreement at your own risk.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, EMBODIED GAMES MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. EMBODIED GAMES FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. EMBODIED GAMES MAY MAKE CHANGES TO THE WEBSITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY BE OUT OF DATE, AND EMBODIED GAMES MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES.
LIMITATION OF LIABILITY.
EMBODIED GAMES AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.
Data Loss and Refund Policy.
In the event of data loss, and after thoroughly investigating the reasons behind any data loss, the Company may consider compensation such as a free one year’s license or like arrangement which is incumbent upon the findings of the Company.
If after 48 hours you have NOT activated a game and realize it is not the one you wanted, you may request an exchange for another game. This exchange can happen only one time ever with a user. There will be no exchange of monies.
We hope you enjoy the games!