1. Intellectual Property
© 1997-2006 Sulan Dun. All Rights Reserved
All worldwide right, title and interest, including, without limitation, all copyrights, patent rights, trademarks, servicemarks, contract and licensing rights in and to the Chembalancer, Element Quiz, Graph Mole, Quiz Maker, www.dun.org/sulan, funbasedlearning.com, text, audio or video, data, graphics, images, interfaces, software applications, and all other materials or information on this local copy or on the website are owned wholy by Sulan Dun. Unless otherwise specified, FunbasedLearning.com is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from FunBasedLearning.com or www.dun.org. In addition, you agree not to "frame" or "mirror" any of the Content. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3. Use of Games
You will not use FunBasedLearning.com in any way that is unlawful, or harms Sulan Dun, her affiliates, resellers, distributors, service providers and/or suppliers (each, a "Sulan Dun Party" and collectively, the "Sulan Dun Parties") or any customer of a Sulan Dun Party, as determined in Sulan Dun's sole discretion. Sulan Dun may tell you about certain specific harmful uses in a code of conduct or other notices available through www.dun.org/sulan or FunBasedLearning.com, but has no obligation to do so. You may not use FunBasedLearning.com in any way that breaches any code of conduct, policy or other notice applicable to FunBasedLearning.com. Without limiting the generality of this section, you may not use FunBasedLearning.com, www.dun.org/sulan, or any other Sulan Dun Web Site in any manner that could damage, disable, overburden, or impair FunBasedLearning.com, www.dun.org/sulan, or any other Sulan Dun Web Site (or the network(s) connected to any Sulan Dun Web Site) or interfere with any other party's use and enjoyment of the FunBasedLearning.com, www.dun.org/sulan, or any other Sulan Dun Web Site. Sulan Dun reserves the right to terminate your site license for any reason that Sulan Dun interprets as an abuse of your site license.
If you have purchased a subscription, then your subscription only covers yourself and your students covered by the subscription. The secret link for your subscription must NOT be made available to the public (for example, on a publically available teacher homepage on the internet that is not password protected). Please don't do that as it encourages random students on the internet to commit piracy and decreases traffic to my ad version at http://FunBasedLearning.com which makes it harder for me to continue write educational games and support my four children. Violators will be prosecuted ot the maximum extent of the law. IP addresses for subscription accounts will be monitored, and if it appears that it is being used by people who are not covered by the subscription, you are obligated to provied additional payments for any such use, and your subscription account will be terminated.
4. Use of Worksheets
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges may reproduce the Element Quiz and Chembalancer worksheets for distribution in their classrooms only. Distribution outside your own classrooms requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
5. SULAN DUN MAKES NO WARRANTY
SULAN DUN PROVIDES ALL FUNBASEDLEARNING.COM GAMES, TOOLS, LESSON PLANS, AND OTHER MATERIALS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SULAN DUN PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SULAN DUN PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF FUNBASEDLEARNING.COM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
6. LIABILITY LIMITATION, YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY SULAN DUN PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF FUNBASEDLEARNING.COM OR QUIZZES GENERATED USING THE QUIZ MAKER, EVEN IF SUCH SULAN DUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITAIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISIFED WITH FUNBASEDLEARNING.COM OR ANY SULAN DUN WEB SITE OR ANY QUIZ GENERATED USING THE QUIZ GENERATOR, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SULAN DUN PARTY WITH RESPECT TO THIS AGREEMENT OR FUNBASEDLEARNING.COM OR ANY SULAN DUN WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FUNBASEDLEARNING.COM OR THE RELEVANT SULAN DUN WEBSITE.
7. CHANGES TO SULAN DUN'S WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE SULAN DUN PARTIES MAY CHANGE THE SULAN DUN WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Sulan Dun's Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Sulan Dun and persons other than Sulan Dun (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT THE SULAN DUN PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT SULAN DUN IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SULAN DUN WEB SITES, (2) ANY INCOMPATIBILITY
BETWEEN THE SULAN DUN WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SULAN DUN WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SULAN DUN WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 5, 6 AND 7 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
IN ADDITION, YOU ACKNOWLEGE THAT QUIZ MAKER IS SIMPLY A DUMB AUTHORING TOOL THAT DOES NOT VALIDATE, STORE, OR PUBLISH CONTENT AND THAT SULAN DUN HAS NO CONTROL OVER QUIZZES GENERATED USING THE QUIZ MAKER. ANY ISSUES RELATED TO CONTENT USERS MAY HAVE PUT ON A QUIZ, OR CONTENT OR SCRIPT MODIFICATIONS THEY HAVE SUBSEQUENTLY MADE TO THEIR QUIZ, SHALL BE TAKE UP WITH AND THE SOLE RESPONSIBILITY OF THE USER WHO MADE THE QUIZ. YOU AGREE TO HOLD THE SULAN DUN PARTIES HARMLESS IN ANY MATTER RELATED TO USER QUIZZES THAT WERE ORIGINALLY GENERATED USING THE QUIZ MAKER.
8. No Unlawful or Prohibited Use
As a condition of your use of FunBasedLearning.com you will not use FunBasedLearning.com for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Sulan Dun server, or the network(s) connected to any Sulan Dun server, or interfere with any other party's use and enjoyment of FunBasedLearning.com. You may not attempt to gain unauthorized access to any of Sulan Dun's websites, other accounts, computer systems or networks connected to any Sulan Dun server or to any of her websites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Sulan Dun's server or games.
9. Ads and Links to other sites
Funbasedlearning.com contains links to some of Sulan Dun's other web sites and includes various Google advertisements. If you find these links or ads objectionable, your sole and exclusive remedy is to discontinue using FunBasedLearning.com.
10. Unsolicited Idea Submission Policy
Sulan Dun and her associates do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Sulan Dun products or marketing strategies might seem similar to ideas submitted ot Sulan Dun. So, please do not send your unsolicited ideas to Sulan Dun or anyone associated with Sulan Dun. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Sulan Dun makes no assurances that your ideas and materials will be treated as confidential or proprietary.
11. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c), (2), notifications of claimed copyright infringement should be sent to Sulan Dun. If you believe that Content, or portions of Content, have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying Sulan Dun regarding allegedly infringing Content published on the Web Site. When providing notice, please provide the following information:
A statement regarding why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or law.
You can contact Sulan Dun at firstname.lastname@example.org
12. Contact Information
If you need to contact Sulan Dun, you may email her at email@example.com.
If you have support issues, please check the support page at http://funbasedlearning.com/support
If you'd like to purchase a subscription to Element Quiz, Chembalancer, Graph Mole, or any other educational software by Sulan Dun, please visit http://funbasedlearning.com/purchase.
Any rights not expressly granted herein are reserved.