Certain parts of the Site, Software or Services may require you to create a user account through the Site. All registrants must be at least 18 years old to acquire a Six Red Marbles account (“Permitted Registrant”). Users who are younger than 18 may be registered as additional users of a Permitted Registrant’s account if the Permitted Registrant is such user’s parent or legal guardian, or an authorized educator or school administrator with permission from the user’s parent or legal guardian. All information provided to Six Red Marbles through the Site must be true, accurate and complete. You agree that all such information shall be kept accurate and up to date. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of the Site, Software or Services using your account and/or identity. If you suspect any unauthorized use of your account, notify us immediately. Six Red Marbles reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access, and the access of any user under your account, to all or part of the Site, Software or Services for any reason, including without limitation for extended periods of inactivity.
Children’s Online Privacy Protection Act
Use of Six Red Marbles Materials
This site is owned and operated by Six Red Marbles and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the Site and Software are the property of Six Red Marbles and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property laws. Except for limited classroom use or for the personal use of Permitted Registrant’s and their registered users, no material from the Site or Software may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, and provided you keep intact all copyright and other proprietary notices. Modification, use or distribution of the materials for any other purpose is a violation of Six Red Marbles' copyright, trademark, and trade secret rights and others' proprietary rights. You may not circumvent or disable any security or technological features or measures in the Software and/or Services. You may not export or re-export the Software without the prior written consent of Six Red Marbles and complying with applicable export control laws and obtaining any necessary permits and licenses. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
If you download Software from the site, the Software including any files, images incorporated in or generated by the Software and data accompanying the Software are licensed to you by Six Red Marbles. Six Red Marbles retains full and complete right, title, and interest in and to the Site, the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software. Six Red Marbles does not transfer title to the Software to you.
To the extent any materials, opinions, reviews or posts are made by guests at the invitation of Six Red Marbles, all such materials reflect personal thoughts and opinions which are not necessarily those of Six Red Marbles.
The Site, Software and the Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, graphics, video, music and other materials and information (collectively, “Content”) accessible to you and other users of the Site or Software and Services. All Content, whether publicly posted on or privately transmitted via the Site, Software or the Services, is the sole responsibility of the person from whom the Content originated and not of Six Red Marbles. Further, users are solely responsible for the content of their messages. Six Red Marbles is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of the Site. You acknowledge that Six Red Marbles may or may not pre-screen and/or monitor Content posted on the Site, and that Six Red Marbles shall have the right to remove, edit, move or close, in whole or in part, any thread or posting anywhere on the Site at any time for any reason, in Six Red Marbles’ sole discretion. Under no circumstances will Six Red Marbles be held liable for any loss or damage caused by Six Red Marble’s removal of any Content or your reliance on Content obtained through the Site, Software or the Services. It is your responsibility to evaluate the Content available through the Services, Software and the Site.
Derogatory, harmful or unlawful conduct is not permitted on the Site. Users are not permitted to upload to, distribute through, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed.
Please be aware that, generally, information you post on, upload to or distribute through the Site, Software or Service may be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with other users of the Site or Software and/or with the public.
You hereby grant (or warrant that the owner of the Content grants) Six Red Marbles and its agents and licensees a perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right and license to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, and display, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised, and including the right to delete (in whole or in part) or incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party.
Fee Based Services and Software
Submissions and Suggestions
Please do not send to us any unsolicited creative or original materials, such as suggestions for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. From time to time, Six Red Marbles may solicit such ideas and materials in the form of contests or surveys, but such solicitations will be clearly marked and subject to their own terms and conditions. If you do submit any unsolicited creative or original materials to Six Red Marbles, we shall be free to use any such ideas, concepts, know-how, or techniques contained in any such communication for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
Content and Usage Rules
You agree not to use the Site, Software or the Services to:
upload, post, e-mail, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services, Software, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
use any automated means to access the Site, Software or the Services or collect any information from the Site, Software or the Services (including, without limitation, robots, spiders, or scripts); or
frame the Site, Software or the Services, use framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. You must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
Third Party Sites
The Site may link you to other web sites on the Internet. These other web sites are not under the control of the Six Red Marbles, and you acknowledge that the Six Red Marbles is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Six Red Marbles or any association with its operators. If a third party objects to our link to a site owned or controlled by such third party, we will remove the link.
This Agreement will terminate immediately without notice from Six Red Marbles, if in Six Red Marbles' sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of the Site or any Software. Upon termination, you must destroy all materials obtained from Six Red Marbles and all copies thereof, whether made under the terms of this Agreement or otherwise.
Six Red Marbles reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that Six Red Marbles will not be liable to you or any third party for any termination of access to the Site by you or by any user under your account, or for removal of information from the Site.
Disclaimers of Warranties; Limitations on Liability
SIX RED MARBLES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, THE SOFTWARE, THE SERVICES OR ANY CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." SIX RED MARBLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SITE, AND ANY WEB SITE WITH WHICH IT IS LINKED, AND THE SOFTWARE AND SERVICES. SIX RED MARBLES DOES NOT WARRANT THE FUNCTIONS, INFORMATION, CONTENT OR LINKS CONTAINED ON THE SITE OR IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SITE, THE SOFTWARE, THE CONTENTS, OR THE SERVICES ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE, THE SOFTWARE, THE SERVICES OR THE CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. SIX RED MARBLES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SIX RED MARBLES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SIX RED MARBLES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, ANY SOFTWARE OR ANY SERVICES, EVEN IF SIX RED MARBLES OR A SIX RED MARBLES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SIX RED MARBLES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, SOFTWARE OR SERVICES THAT ARE THE CAUSE OF SUCH LIABILITY DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT CAUSING THE LIABILITY.
If you are dissatisfied with the Site, Services and/or Software, or with any terms, conditions, rules, policies, guidelines or practices of using the Site, Services and/or Software, your sole remedy is to discontinue using the Site, Services and/or Software.
Indemnification and Release
You agree to defend, indemnify, and hold harmless Six Red Marbles, and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from the use or misuse of the Site, the Software, or any Content by you or any user registered under your account. Six Red Marbles reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Six Red Marbles in asserting any available defenses.
If you have a dispute with one or more users of the Site, Software or the Services, you release Six Red Marbles and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All material on the Site and in the Software, without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on the Site or in the Software (outside of personal, non-commercial use), please write to:
Six Red Marbles
Ten City Square, 3rd Floor
Charlestown, MA 02129
Or email us at: firstname.lastname@example.org
If you link to the Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Six Red Marbles. Any such link must not damage, dilute or tarnish the goodwill associated with Six Red Marbles and/or any Six Red Marbles intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Six Red Marbles, and you may not “frame” the Site. You may not link to the Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Six Red Marbles’ sole discretion. Six Red Marbles reserves the right, in its sole discretion, to terminate any link from any web site.
To request permission to place a link from your web site to the Site, please send your name, address, web site URL, and nature of the web site to: email@example.com.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Six Red Marbles:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
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 owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send such notice to:
Six Red Marbles
Ten City Square, 3rd Floor
Charlestown, MA 02129
Or email us at: firstname.lastname@example.org
Six Red Marbles will remove or disable access to the infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”), including the procedures for counter-notices. Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in within a specified period of time. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, Software or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Last updated: July 29, 2010