Acceptance
These Terms of Service govern your use of MathGames.com (Shockwave), and any successor websites and applications (Apps), and all of the services made available on the Apps (Services). By using Apps, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. In addition, 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 Service and any modifications that may be made to the Terms of Service from time to time. If you do not agree to these Terms of Service, you should not use the Services or Apps. These Terms of Service constitute a binding legal agreement between you and Shockwave LLC ("Shockwave," "we," "us," and "our"). If you are using the Apps or Services, on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf.
Registration
You may be required to register an account to use various Apps or Services. You must be 18 years of age or older, or have the consent of a parent or legal guardian to register for a Shockwave account. You may, also, add or register additional users to use the Services, who are younger than 18 years old, but only if you are such users' parent or legal guardian, or are an authorized school official. You agree to provide true, accurate, current, and complete information about yourself and the users of the account as prompted by the Apps registration form (such information, being the " Data"), and you agree to maintain and promptly update the Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Apps and Services. You agree that, if you provide any personally identifiable information about a child/student under age 13 in order to allow them to use the Apps and Services, that you are the parent/legal guardian of such child or are an authorized school official and that you consent to the child/student's use of the Apps and Services and agree to be bound to these Terms of Service with respect to the child/student's use. You understand that the Privacy Policy will apply to the child/student's use of the Apps and Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. 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 Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Shockwave, its users, or the public. Without limiting the foregoing, parents and legal guardians understand that they are responsible for the acts and activities of their minor children in connection with any use of the Apps and Services, and that the Privacy Policy will apply to their family's use of the foregoing.
Termination
You agree that Shockwave, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Apps, Software and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Shockwave believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Shockwave may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Apps, Software or the Services may be effected without prior notice, and you acknowledge and agree that Shockwave may immediately deactivate or delete your account and all related information and Content in your account and bar any further access to such information or to the Apps, Software or the Services. Further, you agree that Shockwave shall not be liable to you or any third party for any modification or termination of your access to the Apps or the Services.
Privacy
Any information submitted on the Apps or the Services is subject to our Privacy Policy.
Indemnity
As permitted by law you agree to indemnify and hold Shockwave or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Apps, the Software, the Services including without limitation these Terms of Service.
Links
The Terms of Service may provide, or third parties may provide, links to other Internet websites or resources. Because Shockwave has no control over such sites and resources, you acknowledge and agree that Shockwave is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Shockwave shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Updates to Terms of Service
We reserve the right to modify these Terms of Service at any time and in any manner at our sole discretion, including the fees for the Apps or Services. Notice of any modification of these Terms of Service will be posted at www.teachme.com, and any such modifications will be effective upon the posting of such notice. Your continued use of the Apps or the Services constitutes your binding acceptance of such modifications. If you do not agree to any changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Apps immediately and discontinue your use of the Services and Apps. You agree that we are not liable to you or to any third party for any modification of the Terms of Service. We may use email as a means of communicating with you about Shockwave, including notifying you of updates to the Terms of Service and Privacy Policy.
Questions
Please direct any questions regarding these Terms of Service to Math Games Support