Terms of Use

Welcome to the Six Red Marbles website. These Terms of Use govern your use of https://www.sixredmarbles.com and any websites operated by Six Red Marbles, INC ("Six Red Marbles") and any successor websites of the foregoing (collectively, the "Site"), any Six Red Marbles software downloaded from the Site or obtained elsewhere (the "Software"), and all of the services made available on the Site (the "Services"). By your use of this Site, you signify your agreement to all terms, conditions, and notices contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

Six Red Marbles reserves the right, in its discretion, to update or revise these Terms of Use from time to time, including the fees for the Software or Services. Please check this section of the Site periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Your continued use of the Site, Software or the Services constitutes your binding acceptance of such modifications. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software and the Site.

You agree that we are not liable to you or to any third party for any modification of the Terms of Use. To the extent our Services or Software require you to set up an account with a password, if you are designated as the parent or legal guardian in the account, or are otherwise the person who first registers for a Service, you agree to be responsible for ensuring that all users on your account comply with these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you are an educator or a school administrator using the Site, Services or Software on behalf of any entity or person (including students), you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf or such person’s behalf, and that such entity or person has agreed to indemnify Six Red Marbles for violations of these Terms of Use.

User Accounts

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

You agree that, if you provide any personally identifiable information about a child under age 13 in order to allow them to use the Site, Software or Services, that you are either (a) the parent/legal guardian of such child and that you consent to the child’s use of the Site, Software and Service and agree to be bound to these Terms of Use with respect to the child’s use or (b) an authorized educator or school administrator who has properly informed the child’s parents or legal guardian, and received permission from the child’s parent or legal guardian to allow the child to use the Site, Software and Service, and you agree to be bound to these Terms of Use with respect to the child’s use. You understand that the Privacy Policy will apply to the child’s use of the Site, Software and Service.

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.

User Conduct

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. Derogatory, harmful or unlawful conduct is not permitted on the Site.

Fee Based Services and Software

Although as of the date of these Terms of Use, the Site, Software and Services are being made available to users on a free, evaluation basis in their beta versions, Six Red Marbles reserves the right, at any time without notice, to remove any part of the Site, and any Software or Services from free access and to charge a fee for access to such materials. In any such event, all fees will be quoted and must be paid in U.S Dollars. If, at that time, you elect to purchase fee-based Services or Software and transmit a purchase request to Six Red Marbles, you agree to pay all fees, including any applicable sales taxes, you incur.

Third Party Sites

The Site may link you to other websites on the Internet. These other websites 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.

Termination

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.

Privacy

Any information submitted on the Site or through the Software or Services is subject to our Privacy Policy. Please review our Privacy Policy carefully. The terms of our Privacy Policy are incorporated into these Terms of Use by reference.

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 NON-INFRINGEMENT, 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.

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. IN NO EVENT SHALL SIX RED MARBLES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, SOFTWARE OR SERVICES.

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.

Jurisdictional Issues

By accessing the Site, you agree that the statutes and laws of the United States and the Commonwealth of Massachusetts, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any dispute resolution and litigation shall be subject to the exclusive jurisdiction of the state or federal courts in the Commonwealth of Massachusetts, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Information

For permissions requests, copyright notices, or general inquiries:
Six Red Marbles
Ten City Square, 3rd Floor
Charlestown, MA 02129
866-632-6623
Email: contact@sixredmarbles.com

Last updated: July 29, 2010