Last Revised: November 22, 2021
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Platform.
These Terms apply to individuals who interact with the Platform, create Platform accounts, and provide us with other user information, including, parents or legal guardians of children and students (“Parents”), Schools (collectively, with Parents, referred to throughout this Policy as “you” or “your”), and students and children (“Student Users”). By accessing, browsing, submitting information to and/or using the Platform, you agree and acknowledge on your own behalf, and on the behalf of the Student User that you are setting up a Platform account for, that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Additionally, you agree and acknowledge that you are liable for the Student User that you set up an account for, and that Student User’s use of the Platform and that Student User’s compliance with these Terms.
If you do not agree to these Terms, please do not use the Platform.
- Purpose of the Platform.
The Platform is intended to enable communication between you, other users, and the Company. The Platform is also provided to turn students’ love of gaming into a meaningful, competitive, and enriching experience. The Platform’s competitions are designed to build social-emotional learning through competition and to introduce students to STEM learning, through EGL Academy. The Platform may be used by schools, school districts, teachers, other school officials (collectively referred to as “Schools”), students and Parents inside and outside of a classroom setting.
- Individual Use; Separate Agreements.
You may create an account on the Platform to use the Service, either as an individual parent or through a School engagement with the Company. The Platform and Service may be subject to separate agreements between the Company and Schools (“School Agreement”). Where the School Agreement conflicts with these Terms, the School Agreement shall supersede these Terms. Parents (defined below) may also individually sign up for our Platform and services and not through a School. In this instance, Parents may directly enter into separate agreements with the Company.
- Use of the Platform.
The Company grants you and Student Users a non-exclusive right to access and use the Platform and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Student Users and your right to access and use the Platform shall be limited to non-commercial purposes unless otherwise expressly authorized by the Company to use the Platform for commercial purposes. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.
No other licenses or rights are granted to you or Student Users, by implication or otherwise. The Company solely retains all ownership interest in the Platform and any Content and reserves the right to terminate this license to use the Platform or access Content at any time and shall not be held liable in any way for such a termination.
- User Account Responsibility.
If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. You agree not to use the account, username, or password of another Platform user at any time.
- Prohibited Uses. You and Student Users agree not to:
- Use the Platform in any way that violates any applicable federal, state, local or international law or regulation;
- Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of it;
- Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- Attempt to gain unauthorized access to any Platform account, computer systems or networks associated with the Company or the Platform;
- Attempt to access or use the Platform by means of automatic, macro, programmed, or similar methods;
- Obtain or attempt to obtain any materials or information through the Platform by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Attempt to harass, abuse, exploit, harm, or advocate or incite harassment, abuse, or harm of another person, group, or the Company;
- Attempt to participate in any gaming match by means of shortcuts, cheats, glitches, or similar methods;
- Attempt the opening and/or use of multiple accounts; or
- Otherwise attempt to interfere with the proper working of the Platform.
If you, Student Users or someone using your Platform account violates these rules and fails to remedy this violation after a warning, we may take action against you or Student Users, including revoking access to certain or all Company devices/products and services or terminating your Platform account as described below, “Termination and Restriction of Access.” When practical, we will notify you of the action we will take in response to violations of these rules or breach of this Agreement.
- Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.
Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
- Third-party Websites.
- Linking to the Platform.
You may link to our homepage, 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 without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Platform, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any link at any time without notice in our sole discretion.
- Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Platform and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
- Intellectual Property Notices.
The Platform and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you and Student Users are not permitted to use the Platform or Content in any manner, except as expressly permitted by the Company in these Terms. The Platform or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner.
Copyright. You and Student Users should assume that everything you see or read on the Company’s Platform is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company’s Platform will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company’s Platform is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Platform. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. EGL ACADEMY, ELITEGAMINGLIVE, PLAY FOR MORE, AND LIVESCORE, and formative variations thereof, are trademark(s) in use by the Company to which the Company has common law rights in the same extending to the full scope of goods and services provided by the Company. Nothing contained on the Company’s Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Platform without the written permission of the Company or such third party that may own a trademark displayed on the Company’s Platform. Any misuse of the Company’s trademark(s) displayed on the Company’s Platform, or any other Content on the Company’s Platform, except as provided herein, is strictly prohibited.
Message Boards and User Contributions. The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, the ability to stream gameplay, and other interactive features (collectively, "Interactive Services") that allow you or Student Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") gameplay, text, materials, or other content (collectively, "User Contributions") on or through the Platform. The Company assumes no responsibility for the conduct of any Student User or you submitting any User Contributions ("User Content"), and assumes no responsibility for monitoring the Platform for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Platform is at your own risk.
Any User Content you create or own or to which you have a license and use on the Platform is your content. Additionally, you represent that you own, or have a license to use, any video game or other User Content that you use or submit on the Platform. You hereby grant the Company an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, publicly display, publicly perform, or provide access to electronically, broadcast, communicate, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Platform, including marketing and promotions of the Platform.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platform. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Platform should be directed to email@example.com.
- Monitoring User Content.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, court order, or Schools requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
The Company has a zero tolerance policy for any User Contributions that constitute, in our sole discretion, harassment, racism, obscene content, discrimination or any other offense content of any kind. At our sole discretion, we may suspend, terminate or permanently ban Student Users or your access to the Platform and our services for any violation of this zero tolerance policy. At our sole discretion, we may also report such User Contributions to the relevant School.
However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Information of Minors.
We do not collect Personal Information directly from individuals under the age of 13. We will only obtain the Personal Information of individuals under the age of 13 either from a Parent or from a School. By providing information of an individual under the age of 13, the Parent or School represents to Company that it is doing so knowingly and in accordance with all lawful consent and authorization under applicable law. We encourage Parents to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about children without the proper consents, we will take steps to securely remove it from our systems.
- United States Use.
The Company is a Delaware corporation in the United States. The Company provides this Platform for use only by persons located in Canada and the United States. We make no claims that the Platform or any of its contents are accessible or appropriate in any other jurisdiction. Access to the Platform may not be legal by certain persons or in certain countries.
ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE PLATFORM WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORM, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORM SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Student Users or your violation of these Terms or Student Users or your use of the Platform, including, but not limited to, any use of the Platform Content, services, or products other than as expressly authorized in these Terms or Student Users or your use of any information obtained from the Platform.
- Termination and Restriction of Access.
The Company reserves the right, in its sole discretion, to deny, restrict, suspend or terminate Student Users or your use of all or any part of the Platform at any time, for any reason or no reason at all, including, but not limited to, if you or a Student User have violated these Terms or if you or a Student User may pose a threat to the Platform and/or its users, with or without notice or explanation, and without liability. After access is terminated, these Terms will terminate, but any terms that by their nature survive the termination of these Terms shall continue to apply. The Company shall not be liable for any losses or damages arising from any such termination of service.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Platform, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law. By using the Platform, you hereby consent to submission of any dispute to be final and binding arbitration.
- Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Indiana. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Marion County, Indiana, in all disputes arising out of or relating to the use of the Platform.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Platform after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Platform. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
- Company Contact Information.
Questions can be directed to the Company at: firstname.lastname@example.org.