Terms of Use

Welcome to the Six Red Marbles website. These Terms of Use govern your use of http://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. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Six Red Marbles, its users, or the public.

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. 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.

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. 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

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. With respect to areas of the Site, Software and Services that will be subject to payment of fees, we will NOT charge your credit card until after your subscription has been processed as evidenced by a confirmatory email, invoice or purchase order from us to you. From time to time, some fees may be listed in error. If we discover errors in pricing for any subscriptions that you have ordered, we may do one of the following. If the correct fee is lower than our stated fee, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the correct fee. If the correct fee is higher than our stated fee, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the the subscription becomes effective, we reserve the right to cancel your order and notify you of such cancellation.

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 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. If a third party objects to our link to a site owned or controlled by such third party, we will remove the link.

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. 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.

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, 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’ 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. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE 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 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 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.

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. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein. 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.

Reprints

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: Permissions Department Six Red Marbles Ten City Square, 3rd Floor Charlestown, MA 02129 866-632-6623 Or email us at: permissions@sixredmarbles.com

Linking

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 website 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 website. 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: permissions@sixredmarbles.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 866-632-6623 Or email us at: copyright@sixredmarbles.com 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