Games, Game Templates, and Utilities found on the web site are bound to the below terms of use policy.

Terms of Use
By visiting, using, and/or downloading games at our website (hereafter, “Site”), created and operated by the University of North Carolina at Wilmington (also referred to as "we", "us"), YOU consent and agree to be legally bound by the following terms and conditions, consent to our privacy practices and policy, as well as consent to receive required notices and to conduct electronic transactions associated with this Site. YOU also agree that we may provide to YOU required notices, agreements, and other information concerning the Site electronically. If YOU no longer agree to receive notices electronically, YOU must cease using the Site, and any materials downloaded from it. If YOU do not agree to all terms of use contained herein, YOU must discontinue access and should not use this Site, and any materials downloaded from it.
We reserve the right, to update or revise these Terms of Use at any time with or without notice. Please check the Terms of Use periodically for changes. The revised terms will be effective as soon as they are posted on the Site, by continuing to use the Site YOU agree to be bound by the revised terms as posted. If YOU have any questions regarding these terms, please contact us.
All materials, information, software, products and services, included in or available through this Site (also referred to as "content") are provided on an "as is" basis. The content is provided without warranties of any kind.
We do not warrant that the content on this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this Site is solely at your risk. Any material viewed, downloaded or otherwise obtained through the use of this Site is done solely at your discretion and risk, and YOU will be solely responsible for any damage, including without limitation personal injury or distress, damage to your computer system, or loss of data, that results from the viewing or download of any such material. We provide the Site ‘as is’, with all faults and ‘as available’. We make no express warranties or guarantees about the Site and we are not obligated to supply any technical support whatsoever. We do not guarantee that YOU will be able to access or use the Site (either directly or through third-party networks) at times or locations of your choosing, but will attempt to reconcile access problems if possible. No oral or written information or advice given by a representative of UNCW shall create a warranty.
The Site design, games, content, and other information found on this Site are either licensed, created by Jeff Ertzberger and UNCW, or used with permission and protected by international copyright.
Any use exceeding the terms of the licensed access and downloading of the games is expressly prohibited.  Games may be downloaded and modified by YOU or your location attendant to a site or institutional license.  The further distribution, reproduction, transmission, republication, display or performance of the content, or the sharing of your Password and/or access to the Site, whether or not for profit or commercial gain, is a violation of the licensed access and is expressly prohibited.
Access Costs
YOU must provide at your own expense the equipment, software, and Internet connections that YOU will need to access and use the Site and materials therein. If YOU access the Site through a telephone line, please call your local phone company to determine if the access numbers YOU select are subject to long distance or other toll charges at your location.
Your Responsibilities
YOU may use the Site for lawful purposes only. YOU may not submit or transmit through the Site any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another's privacy;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. impersonates any person, business or entity, employees and/or agents;
  5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network or the Site;
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  7. violates these Terms of Use, guidelines or any policy posted on the Site;
  8. interferes with the use of the Site by others; or
  9. enables or assists in the unauthorized use or access to the Site by any individuals or entities who do not possess a valid license to access the subject content or the Site.

YOU may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site. YOU may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

No Spam
YOU may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). YOU may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. YOU may not induce or allow others to use the Site to violate the terms of this section. We may terminate your access to and use of the Site immediately and take any other legal action against YOU, if YOU or anyone using your access to the Site, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
Licensed Use of the Site
Subject to these Terms of Use, YOU may use the Site and the Content offered on the Site for personal, commercial teaching activities and purposes. YOU may use Content offered for downloading attendant to face-to-face classroom instruction, any transmission of the Content or utilization of the Content via the web or attendant to distance education is expressly prohibited without our express written permission. Use of Content attendant to distance learning and education or the use of the web must be negotiated by separate license. YOU may not use the Content in a manner that exceeds the rights granted for your use of the Content. YOU may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content in excess of the personal use or Site license conferred without our prior written consent. YOU may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Limitation of Liability
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website and items downloaded from this site.. In no event shall our liability, or the liability of our parent and our suppliers for any and all claims relating to the use of the Website or downloadable files on the web site exceed the total amount of service fees that YOU paid us during a one-year period for the specific service at issue.
We, our parent, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law
Venue and Jurisdiction
YOU agree that the laws of the state of North Carolina shall govern this transaction and any claim or dispute that YOU may have against us, without regard to any conflict of laws or rules. YOU further agree that any disputes or claims that YOU may have against us will be resolved by a court located in North Carolina and YOU agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these terms of use, YOU are: (1) waiving claims that YOU might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in North Carolina associated with any disputes or claims YOU have with us; and (3) submitting yourself to the personal jurisdiction of courts located in North Carolina for the purpose of resolving any such disputes or claims.
Severability and Integration
These Terms of Use constitute the entire agreement between YOU and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Site automatically terminates if YOU violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site, for any reason, with or without notice.


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