PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using the website (the “Site”) of Fluency Games, LLC(“Fluency Games,” “we,” or “us”), and the Software (“Software” or “Apps”) produced by Fluency Games, LLC, you are agreeing with us that you will abide by all the terms described in these Terms of Use. Please read these Terms of Use carefully before using the Site or Apps. If you do not agree with any of these Terms of Use, please do not use our Site or Apps. You understand and agree that we may change these Terms of Use at any time without prior notice. The revised Terms of Use become effective at the time of posting. Any use of the Site or Apps after such time will constitute your acceptance of the revised Terms of Use. The Site and Apps includes a variety of applications and features, including but not limited to software and other downloads (collectively, the “Fluency Games Services”). We may change, suspend, or discontinue any aspect of the Fluency Games Services at any time, including the availability of any Fluency Games Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Fluency Games Services without notice or liability. We reserve the right to suspend or terminate the registration and account of any user who does not abide by these Terms of Use. 1. Proprietary Rights and Use of Content All materials published on the Site and Apps and as part of the FLUENCY GAMES Services (including, but not limited to, games, downloads, images, illustrations, audio clips, and video clips, also known as the “Content”) are owned or licensed by Fluency Games, LLC and are protected by United States and foreign intellectual property laws, or have their respective copyright notices. Subject to the license below, all these intellectual property rights are reserved, and your use of the Site, Apps, and the Content gives you no rights in or to the Content, including, but not limited to, any rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the FLUENCY GAMES Services (“Software”). You may view, download for caching purposes only, copy, and print the Content and other downloadable items displayed on the Services for your own personal, non-commercial use, or use within a single classroom, subject to the restrictions set out below and elsewhere in these terms and conditions of use, and you may make one copy of the Software for archival purposes only. You must retain all copyright and other proprietary notices contained in the Software and original Content on any copy you make. Copying or storing of any Content for other than personal use or use within a single classroom is expressly prohibited without prior written permission from FLUENCY GAMES, or the copyright holder identified in the copyright notice contained in the Content. If you would like to make reprints other than for such uses, please contact FLUENCY GAMES at msegames@att.net for permission. You may not reproduce, upload, post, transmit, download, modify, or distribute the contents of the Site, the Content, or information on sites accessible through links on the Site, provided that you may modify any content that you create and post. You may not decompile, reverse engineer, or disassemble the Software or any Content. You may not sublicense, assign, or transfer any of the rights to use the Site, Apps, or Content, and any attempt to do so will be null and void. This limited license will automatically terminate if you violate any of these restrictions and may be terminated by us without notice at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. All trademarks, logos, service marks, and trade names displayed on the Site, the Content, or on content available through the Site that are not owned by FLUENCY GAMES are the property of their respective owners. 2. Links to and From Other Sites Links to, or embedded images from, other web sites may appear from time to time on the Site or Apps and in the FLUENCY GAMES Services, to offer additional resources on related subjects, but we have not reviewed all of these linked sites or embedded images and are not responsible for the contents or accuracy of any such linked site or image. These links and images are provided as a convenience to you and do not imply our endorsement of the site. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any linked sites, you do so at your own risk. You may link to the Site provided that the following conditions are met: ” Your link is only to the Site’s home page or the addition blocks landing page. ” You do not frame or alter in any way the Site’s appearance, including without limitation removing any copyright or other proprietary notices. ” You do not imply any endorsement or other connection between FLUENCY GAMES and your site. ” You do not link to the Site from any site that contains unlawful, abusive, indecent or obscene material, that promotes violence or illegal acts, or that in FLUENCY GAMES’s sole discretion is otherwise unacceptable. ” You agree to discontinue the link at FLUENCY GAMES’s request. 3. Personal Information In the course of your use of the Site, Apps, and the FLUENCY GAMES Services and/or the services made available on or through the Site or Apps, you will not be asked to provide personal information to us. 4. Termination These Terms of Use will continue for as long as FLUENCY GAMES maintains the Site and Apps. FLUENCY GAMES may, in its sole discretion and without notice, terminate or suspend your access to all or part of the FLUENCY GAMES Services for any reason, including, without limitation, breach or assignment of these Terms of Use. On termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format. 5. Disclaimer and Limitation of Liability MSE GAMES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, THE MSE GAMES SERVICES, OR THEIR CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MSE GAMES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE. FURTHER, MSE GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE SITE OR THE MSE GAMES SERVICES OR ON ANY SITES LINKED TO THE SITE, OR THAT THE SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MSE GAMES, OR ANY OF ITS EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR THE MSE GAMES SERVICES, BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY TO USE THE SITE, THE MSE GAMES SERVICES, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, EVEN IF MSE GAMES OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. IN NO EVENT SHALL MSE GAMES OR THE OTHER INDIVIDUALS AND ENTITIES IDENTIFIED ABOVE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL MSE GAMES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. Some jurisdictions do not allow exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Any action on any claim against FLUENCY GAMES must be brought within one year following the date the claim first accrued, or it will be deemed waived. 6. Revisions and Errata The materials appearing on the Site, Apps, and the FLUENCY GAMES Services could include technical, typographical, or photographic errors. FLUENCY GAMES does not warrant that any of the materials on the Site, Apps, and the FLUENCY GAMES Services are accurate, complete, or current. We may make changes to the materials contained on the Site and the FLUENCY GAMES Services at any time without notice. We do not, however, make any commitment to update the materials. 7. Indemnification You agree to defend, indemnify and hold FLUENCY GAMES and our employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Site, Apps, or th eFLUENCY GAMES Services, your placement or transmission of any Submission, message, content, information, software, or other materials on or through the Site, Apps, or th eFLUENCY GAMES Services, or your breach or violation of the law or of these Terms of Use. 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. You will not in any event settle any claim without our prior written consent. 8. Compliance with Local Laws. The Site is controlled and operated by FLUENCY GAMES in the United States and is intended for use within the United States. You may not use or export any Content in violation of U.S. export laws and regulations. FLUENCY GAMES makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site and Apps from other locations do so on their own initiative and are responsible for compliance with local laws. 9. Miscellaneous Any claim relating to the Site, Apps, and/or the FLUENCY GAMES Services shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Massachusetts. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then such provision shall be severed from the Terms of Use and the remainder of the Terms of Use shall remain in effect. These terms and conditions were revised December 5th, 2013. Digital Millennium Copyright Act Compliance If you believe that any materials posted on the Site or Apps by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to us at msegames@att.net Your notice must include the following: ” A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed; ” Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site; ” Identification of the allegedly infringing material on the Site, and information reasonably sufficient to permit us to locate such material on the Site; ” Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address; ” A statement that the complaining party has a good faith belief that use of the materials 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 notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.