Privacy Policy and Terms of Service


Privacy Policy

Web Site User Privacy Rights


Learning Games Network wants to work with you to protect the privacy of online users. Privacy on the Web is important, and we encourage you to read our privacy policy carefully, so that you will clearly understand our commitment and our method of collecting and using information. A link to our privacy policy can be found at the bottom of each page of our web site.


We are always trying to improve the security and privacy environment of our information systems. We believe that we have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online through QUANDARY. The QUANDARY website privacy policy and our information practices adhere to the Children's Online Privacy Protection Act ("COPPA"). But while we have many security measures to protect electronically transmitted information and frequently review and try to improve the security of our site, we can't guarantee that a third party won't gain access to information provided to this Web site. If you have any suggestions or concerns, please send them to us at our "Contact us" link.


We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online through QUANDARY.


The following privacy statement describes the information we collect and how we use it:


Information Collection and Use


We do not collect personally identifiable information about individuals, except when it is knowingly provided by such individuals. We will use it for the purpose stated when you provide it. In addition, QUANDARY is a program and property of the Learning Games Network. We may use it to contact you about our programs. We do not share our contact lists with others, including our partners and donors.


QUANDARY may actively collect and use email addresses and user names to track usage and to ensure users are following the site's Terms of Use. In addition, we may use an email address and user name to ban a user temporarily or permanently from QUANDARY if that user engages in inappropriate conduct on the QUANDARY website. We may also use email addresses and user names to enable parents to review personally identifiable information that children have submitted to the QUANDARY website and to provide notification regarding the site, such as any future amendments to this Privacy Policy. We also may use information in the aggregate to analyze site usage, as well as to offer products, programs, or services.


Web log file data


We collect some basic Web log file data about site visitors. This information includes domain names, Web site traffic patterns and server usage statistics. This information is used for site management and administration and to improve the content and overall performance of our site.


"Cookies" and How We Use Them


Cookies are packets of information that a web site transfers to a user's computer for record-keeping purposes. They are a means of keeping track of users' preferences for content and alerting them to new content areas. Most browsers allow you to turn off cookies if you do not want them tracking your preferences.


The Learning Games Network web site (www.learninggamesnetwork.org) does not set or access cookies on your computer. The QUANDARY website (www.quandarygame.com) does set and access cookies for the purposes of supporting an individual's user experience and to track an identifiable user's movement through this web site; this data is used only to enhance the usability of the site; however, no cookies are used to track an identifiable user's movement through this web site. You can still use this site if you turn the cookies off.


Subscription to Newsletter, Press Releases, and Program Updates


Learning Games Network makes every reasonable effort to ensure that all of the transactions that occur on our web site are secure. We store personally identifiable data with Secure Socket Layer (SSL) encryption to protect information you may submit on our site. SSL is the industry standard protocol. All off-line information is securely stored and is accessible only by authorized Learning Games Network staff.


If you subscribe to a newsletter, publication or press release published by Learning Games Network or QUANDARY and distributed via email, we will keep your email address in a private distribution list. Messages sent electronically do not reveal recipients' email addresses or any other personal information. Learning Games Network will only send messages to individuals who have opted to subscribe and who have provided their email address to us directly. We do not use this email address list for any other purpose, and we only add individuals at their request. At any time, you may opt out by using the unsubscribe link provided on our web site and in the publication email, which will remove your information from the distribution list for that publication or specified communications.


Third-Party Service Providers


Learning Games Network may engage reputable third-party vendors to help us manage our web sites and allow us to better service our patients and visitors. We never share with third parties any personally identifiable information you provide when requesting information, except as required by law.


Special Opt-out for Parents


Under COPPA, parents have the option to consent to collection of their children's personally identifiable information from the children without consenting to the disclosure of that information to third parties. While we will not ask for direct identifiers from children (in fact, in our Safety Policy, we request that children not provide them), there will be times when parents may be providing their own direct identifiers (such as e-mail address, or other information if a parent is making a gift), and we will be asking for direct identifiers. In this case, as noted above, we have implemented op-out procedures with respect to charitable list sharing. Nonetheless, we may disclose any information where we are required to do so by law, for example, in response to a court order or a subpoena. We also may disclose information to service providers who provide support for the internal operations of our website and who do not use or disclose the information for any other purpose. To the extent permitted by applicable law, we also may disclose personally identifiable information in response to a law enforcement agency's or other public agency's (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our website, protect the security or integrity of our website, or enable us to take precautions against liability. Finally, we may transfer personally identifiable information and store it outside of the jurisdiction in which a member of Learning Games Network is located.


Links to Other Sites


This site has links to other sites we think may be of interest to our visitors. Their purpose is to provide visitors with convenient access to other sites that might interest them. A link to another site does not imply an endorsement of the site's content or services.
We are not responsible for the privacy practices of sites not owned by Learning Games Network. We encourage you to be aware of that when you leave our site and to read privacy statements at any sites that collect personally identifiable data.


Policy Changes


Learning Games Network necessarily reserves the right to change this policy from time to time, without advance notice. We will promptly post any changes to our privacy policy on all sites owned by Learning Games Network, including QUANDARY.


Deletion and Removal of Information


Non-identifiable information in our aggregate database will not be deleted. Like all responsible website site publishers, we maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Removing a record from our main files does not remove that record from any backup systems. It may take up to six months before all information in a backup record is completely erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same privacy and security protections as our other records.


Questions or Comments?


Questions about Learning Games Network, QUANDARY, or our privacy policy, may be directed to:


Learning Games Network
222 Third Street, Suite 300
Cambridge, MA 02142
1.617.494.4946


Terms of Use


By using features and content at the QUANDARY website, you are agreeing to the following terms:


1. You are acknowledging that the game, text, images, features, layout and everything else you see and use, except things you create yourself, are the intellectual property of Learning Games Network, or belongs to another person or entity and are used with conditions under special agreement. You agree to respect Learning Games Network's rights, and the rights of those other persons and entities, to the full extent of the law. You will not copy, adapt, modify, reverse engineer, appropriate, sell, rent, commercialize or misuse any part of it. All title remains with Learning Games Network or those third parties.


2. You will use this site, and all of its materials and content, only for their intended online purpose, and consistent with all terms, policies and restrictions. You agree to use the site only for legitimate and reasonable purposes. You will not use it to harm anyone or engage in any form of insulting, obscene, vulgar, predatory, racist, or other inappropriate use. You will not use it to encourage, condone or solicit illegal or inappropriate conduct, or to violate anyone's rights. You will not do anything to harm the site, or anyone else's enjoyment of it.


3. Learning Games Network is a non-profit organization. It promotes research, education, and programs in the field of game-based learning for the benefit of children, families, teachers, and the education market more generally. You agree that if you submit any new content or suggestions to us, Learning Games Network, and any agent or transferee of Learning Games Network, can use it perpetually, transferably, and without charge or payment, for any purpose, including without limitation in connection with the site, the programming on the site, marketing and promotion, consumer items, and any other programs of Learning Games Network. You agree that this is automatic, and that by submitting such material, you grant to Learning Games Network a fully paid up, royalty-free, worldwide, irrevocable, transferable, sublicensable, nonexclusive license to such submissions for any purpose. To the extent any "moral rights," "ancillary rights," or similar rights in such submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you will procure the same agreement not to enforce from any others who may possess such rights.


4. You agree to provide us with only truthful and accurate information, and to update it to keep it accurate from time to time if necessary. That includes information you provide in order to access the site, and information in response to queries to investigate problems or protect the rights of Learning Games Network or third parties.


5. You agree to notify us promptly of any violation of these policies that you learn about, including any unauthorized use of your password or online identity, and any violation of the rights of Learning Games Network or third parties, and any harassment or other inappropriate conduct towards other users.


6. You agree that we may suspend or terminate your account and your ability to use the QUANDARY website or any portion of them for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. You also understand and agree that we may take appropriate legal action to enforce these terms, others rights, and the requirements of applicable laws and regulations.


7. Privacy. You agree that you have read and accepted the privacy policy. You also understand and agree that Learning Games Network cannot guarantee the privacy of information you yourself, or your children, choose to disclose. That applies to selection of usernames, or participation in any public forum on the site, such a bulletin boards, chat rooms, or any other forum created for site users. You understand that you have no expectation of privacy or security with respect to such disclosures, or to their potential misuse by others. You assume that risk and agree to take all necessary steps to limit such disclosures on the site. You understand that while Learning Games Network will use reasonable efforts to promptly address any abuses of the site that come to its actual attention through site channels, Learning Games Network is not responsible for such third-party activities.


8. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE QUANDARY WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE QUANDARY WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QUANDARY WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING PERSONAL INFORMATION).


The QUANDARY site may contain the opinions and views of other users. Given the interactive nature of these site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.


9. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the QUANDARY site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE QUANDARY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE QUANDARY SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE QUANDARY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.


WE MAY TERMINATE YOUR FURTHER ACCESS TO THE QUANDARY WEBSITE OR CHANGE THE QUANDARY SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.


THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


11. JURISDICTION AND VENUE
You agree that any action at law or in equity arising out of or relating to these terms of use or the QUANDARY site shall be filed, and that venue properly lies, only in state or federal courts located in Suffolk County, Boston, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the QUANDARY website is appropriate or available for use in any particular location. Those who choose to access the QUANDARY site do so on their own initiative and are responsible for complying with all applicable laws and regulations.


12. AMENDMENT
Learning Games Network reserves the right to may amend these Terms of Use (including by modification, deletion and/or additions) at any time, and without notice. Any such amendment to these terms of use will be effective thirty (30) calendar days following its posting on this site, unless we need to make an emergency change, in which case it will take effect immediately.


13. GENERAL PROVISIONS
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. Our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE QUANDARY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.


Supply of goods, services and software through the QUANDARY site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the QUANDARY site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the QUANDARY site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.


14. CLAIMS OF COPYRIGHT INFRINGEMENT
We will terminate access by copyright infringers in accordance with law.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the following Designated Agent:


Service Provider: Learning Games Network/QUANDARY
Name of Agent Designated to Receive Notification of Claimed Infringement: Shelley Brown
Full Address of Designated Agent to Which Notification Should be Sent: 222 Third Street, Suite 300, Cambridge, MA 02142
Telephone Number of Designated Agent: 1.617.494.4946
E-Mail Address of Designated Agent: info@learninggamesnetwork.org


To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


We may give you notice that we have removed or disabled access to certain material by means of a general notice on the QUANDARY site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:


• 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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.