An On-Line
Educational Fantasy Game
Terms &
Conditions of Use
Teacher & Student
submitted Convince Me Tutorials
Teachers’ Dungeon Purchase Terms and Conditions
The Teachers' Dungeon Premiere Membership Plans
Teachers’ Dungeon Fundraising Program
Bi-Annual Payment Structure for Authors and
fundraisers
Conditions of Use
Welcome to TeachersDungeon.com ("TeachersDungeon.com" or the "Site"). The Teachers’
Dungeon, and/or its affiliate ("McCoy Publishing") provide website
features to you subject to the following conditions of use ("Conditions
of Use").
If you visit or buy memberships or related products at
TeachersDungeon.com, you accept these Conditions of Use.
Please read them carefully. In addition, when you use any
current or future Teachers’ Dungeon service or business (e.g., Teachers’
Dungeon services, Teachers’ Dungeon Membership, Teachers’ Dungeon down-loadable
e-books, Teachers’ Dungeon up-loadable e-book, Teachers’ Dungeon up-loadable
tutorials, Teachers’ Dungeon message boards) you will also be subject to the
guidelines, terms and agreements ("Terms") applicable to
such service or business. If these Conditions of Use are inconsistent with such
Terms, the Terms will control.
THE
TEACHERS’ DUNGEON SERVICE
The Teachers’ Dungeon Service permits users to purchase
proprietary licensed and original content ("Teachers’ Dungeon
Service"), including e-books, and monthly or yearly memberships
(collectively, "Teachers’ Dungeon Content") through various
means (including the Site and any other domain names as may be operated,
acquired, or used from time to time by The Teachers’ Dungeon, wired and
wireless connections, and telephony based networks). You must be at least eighteen
years old and have Internet access, a valid email address, and a valid credit
card or check card to purchase The Teachers’ Dungeon Service.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Teachers’ Dungeon
Purchase Terms and Conditions, which govern any purchase you may make from the
Site, and the Policy on Teachers’ Dungeon Premier Membership Plans, which governs
your enrollment in any Teachers’ Dungeon membership plan. We reserve the right
to make changes to the Site, its policies, and these Conditions of Use at any
time. Your continued use of this Site following any changes will indicate your
acceptance of these changes. If you do not agree to any change to these
Conditions of Use or any other policy posted on this Site, you must immediately
stop using this Site. If any condition or term set forth in any policy on the
Site or in these Conditions of Use shall be deemed invalid, void, or for any
reason unenforceable, that condition or term shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
ELECTRONIC
COMMUNICATIONS
When you visit TeachersDungeon.com or send e-mails to us, you
are communicating with us electronically. Therefore, you consent to receive
communications from us electronically. We will communicate with you by e-mail
or by posting notices on this Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any and all legal communication requirements.
Your
consent to electronic agreements is necessary for use of The Teachers’ Dungeon
Service. You may withdraw consent by sending The Teachers’ Dungeon an e-mail;
however, this will result in the termination of your ability to use The
Teachers’ Dungeon Service.
COPYRIGHT
All content included on this Site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
software, and Teachers’ Dungeon Content, is the property of Teachers’ Dungeon
or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this Site is the exclusive
property of The Teachers’ Dungeon and protected by U.S. and international
copyright laws. All software used on this Site is the property of The Teachers’
Dungeon or its software suppliers and protected by United States and
international copyright laws.
The
Teachers’ Dungeon Referral Program:
1.
McCoy Publishing will pay a total of twenty-five percent (25%)
referral fee of the net value of services sold in the form of premiere
memberships for the educational game entitled, The Teachers’ Dungeon that come
as a direct result of a referral. Net value shall exclude any sales tax,
refunds, or payments not honored by a financial institution. Subsequent sales
of goods or services to the referred customer shall not be subject to a
referral fee except where such subsequent purchase is the direct result of a
repeat referral.
2.
All Referrals are determined when a person signs up for The
Teachers' Dungeon and fills in the appropriate box that designates the person
who referred them to our game.
3.
McCoy Publishing will divide the total of twenty-five percent
(25%) referral commission fee between two tiers of referrals.
a.
Tier I is the person who
directly refers any person who purchases premiere memberships for The Teachers'
Dungeon. Tier I will receive a
fifteen percent (15%) commission on all premiere memberships sold that are a
direct result of his/her referral.
b.
Tier II is the person who
referred the Tier I Referrer. Tier
II will receive a ten percent (10%) commission on all premiere memberships sold
that are a direct result of the person he/she referred as a Tier I referrer.
4. Referral payments will only be
awarded for classroom and school purchases of 20 seats or more.
5. All persons must be a minimum of
18 years old in order to participate in our Referral program.
6.
Referral payments will be made to both Tier I and Tier II
Referrers within forty-five (45) business days of each sale provided we already
have your Pay Pal account information or your current address.
a.
If your email is registered with our company through Pay Pal,
all commissions will be processed to your account via Pay Pal.
b.
If you are not a member of Pay Pal you will receive a check by
mail. We will notify you using the
email address provided during your sign-up with The Teachers' Dungeon. This is the same email you will use
each time you log into your account with The Teachers’ Dungeon. Referral payments by check will be mailed to
both Tier I and Tier II Referrers within forty-five (45) business days of
receiving your address.
7.
Referral methods for The Teachers’ Dungeon game are at the sole
discretion of the referrer. However, in order to solicit sales, the referrer
shall not make promises or issue any warranty either expressed or implied
pertaining to the services offered by the McCoy Publishing unless authorized in
writing by the McCoy Publishing to do so.
8.
The relationship between McCoy Publishing and any and all
referrers shall at all times be that of independent contractors. No employment,
partnership or joint venture relationship is formed by this referral agreement
and at no time may the referrer position itself as affiliated to the McCoy
Publishing, except as an independent referrer. Any and all taxes are the responsibility of the referrer as
an independent contractor.
9.
In view of this independent relationship the referrer shall not
enter into any agreements on behalf of the McCoy Publishing, shall make no
warranty either expressed or implied on behalf of the McCoy Publishing and
shall not incur any expenses on behalf of the McCoy Publishing.
10.The referrer
agrees not to disclose any confidential information pertaining to the McCoy
Publishing’s services nor that of prospective or existing customers to any
third party. The referrer may do follow-up enquiries with its referred
customers to confirm their purchase and to gather feedback about their experience
with the McCoy Publishing’s services as supplied.
11.Either party may
terminate this referral agreement at any time by giving the other party ten
(10) days prior written notice. Upon termination by either party all
outstanding referral fees due to the referrer at that time shall be settled in
full within thirty (30) business days.
12.Each party shall
indemnify, defend and hold the other party (and any other relation to the other
party) harmless against any and all claims of whatsoever nature arising from
misrepresentation, default, misconduct, failure to perform or any other act
related to this agreement.
13.This agreement constitutes the whole agreement between
the parties and any alteration must be in writing and signed by both parties.
All content included or uploaded through The Teachers’ Dungeon
website, including questions and/or tutorials, automatically becomes the
property of Teachers’ Dungeon. The
Teachers’ Dungeon holds all copyrights to these questions and tutorials.
The Teachers'
Dungeon’s Convince Me Center
offers a unique means for teachers, parents, and children to share their
strategies for solving problems.
Teachers, Parents, and Children across the USA are able to create
interactive white board tutorial videos and upload them into our
game-play. The Teachers
Dungeon has the right to use all “Convince Me Tutorials” within our
game-play. By agreeing to
our Terms & Conditions, parents &/or guardians consent that their child
may upload Convince Me Tutorials to our website, and that we may use those
Convince Me Tutorials in our game-play.
Furthermore, by agreeing to our Terms & Conditions, parents and/or
guardians agree to forfeit all rights to the content included or uploaded
through The Teachers’ Dungeon website, including, but not limited to questions
and/or tutorials.
TRADEMARKS
The Teachers’ Dungeon, TeachersDungeon.com, TeachersDungeonMember,
and
other TeachersDungeon.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress of The
Teachers’ Dungeon in the U.S. and/or other countries. The Teachers’ Dungeon's
trademarks and trade dress may not be used in connection with any product or
service that is not Teachers’ Dungeon's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits The
Teachers’ Dungeon. All other trademarks not owned by The Teachers’ Dungeon that
appear on this Site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by The Teachers’ Dungeon.
LICENSE
AND SITE ACCESS
The Teachers’ Dungeon grants you a limited license to access and
make personal use of this Site.
You are not allowed to download (other than page caching) or to modify
it, or any portion of it, except with express written consent of The Teachers’
Dungeon. This license does not include any resale or commercial use of this
Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This Site or any portion of this Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of The Teachers’ Dungeon.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of The Teachers’ Dungeon without express written consent. You may not use any
meta tags or any other "hidden text" utilizing The Teachers’
Dungeon's name or trademarks without the express written consent of The
Teachers’ Dungeon. Any unauthorized use terminates the permission or license
granted by The Teachers’ Dungeon. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of
TeachersDungeon.com so long as the link does not portray The Teachers’ Dungeon,
or its products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Teachers’ Dungeon logo or other
proprietary graphic or trademark as part of the link without express written
permission.
HACKING
AND SECURITY
We use a variety of means to protect the security of this Site.
You agree not to attempt to access data or materials not intended for you, log
into a server or account that you are not authorized to access, test the
vulnerability of our network and security systems or otherwise breach or
circumvent our security in any way. Although we attempt to prevent viruses and
other malicious software from being passed along through this Site, you agree
that protection of your own software, personal computer and other devices from
malicious software is your responsibility and agree to install anti-virus and
other security protections.
YOUR
ACCOUNT
As a registered user of The Teachers’ Dungeon Service, you may
receive or establish one or more passwords and accounts ("Teachers’
Dungeon Account"). If you use this Site, you are responsible for maintaining the
confidentiality of your Teachers’ Dungeon Account(s) and for restricting access
to your computer, and you agree to accept responsibility for all activities
that occur under any of your Teachers’ Dungeon Accounts. The Teachers’ Dungeon
does not sell products to children, but it sells them to adults, who can
purchase them for children with a credit card or other permitted payment
method. If you are under 18, you may use TeachersDungeon.com only with
involvement of a parent or guardian. Children under the age of 18 will be
granted LIMITED use only with the involvement and supervision of their
teacher. Teachers who create an
account for their students assume responsibility of their students. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion. You agree to ensure that all information you provide when
registering for the Site or any offerings under The Teachers’ Dungeon Service
or when responding to requests for information from us will be current,
complete, and accurate and you agree to maintain and update the information as
required to keep it current, complete, and accurate. You agree not to use a
false or misleading name or a name that you are not authorized to use. You
agree that we may store and use information you provide (including credit card
information) for use in maintaining your accounts and billing Teachers’ Dungeon
fees to your credit card.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, and other
content; send messages and other communications; and submit suggestions, ideas,
comments, questions, or other information. You agree that any content you
contribute and any communications you send using means we provide will not be
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a message or other
content. We reserve the right (but not the obligation) to remove or edit such
content, but we do not regularly review posted content.
If you do
post content or submit material, and unless we indicate otherwise, you grant us
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant The Teachers’ Dungeon and its sub licensees the right to use
the name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify The Teachers’ Dungeon for all
claims resulting from content you supply. The Teachers’ Dungeon has the right
but not the obligation to monitor and edit or remove any activity or content.
The Teachers’ Dungeon takes no responsibility and assumes no liability for any
content posted by you or any third party.
COPYRIGHT
COMPLAINTS
The Teachers’ Dungeon respects the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
REMOVAL
OF The TEACHERS’ DUNGEON CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any
Teachers’ Dungeon Content or any other materials posted to or otherwise
displayed on the Site that violate or otherwise allegedly infringe on the
copyright or other intellectual property, proprietary, or other rights of any
person, company or other entity. We will in no event be liable for the good
faith removal of or disabling of access to any such Teachers’ Dungeon Content
or materials under this Agreement.
THE
TEACHERS’ DUNGEON SERVICE DESCRIPTIONS
The Teachers’ Dungeon attempts to be as accurate as possible.
However, The Teachers’ Dungeon does not warrant that Teachers’ Dungeon Content
or other product descriptions or content on this Site is accurate, complete, reliable,
current, or error-free.
OTHER
BUSINESSES
We may offer content from parties other than The Teachers’
Dungeon and may permit parties other than The Teachers’ Dungeon to provide
services or sell products on the Site or in connection with The Teachers’
Dungeon Service. We may also provide links on the Site to the websites of
affiliated companies and certain other businesses. We publish e-books and
tutorials written by third parties and are not responsible for examining or
evaluating, and we do not warrant the offerings of, any of these businesses or
individuals, the content we obtain from them or the content of their websites.
The Teachers’ Dungeon does not assume any responsibility or liability for the
actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
TERMINATION
The Teachers’ Dungeon may at any time and at its sole discretion
terminate your right to use this Site, The Teachers’ Dungeon Service, and/or
your Teachers’ Dungeon Account if The Teachers’ Dungeon determines, in its sole
discretion, that you have violated these Conditions of Use or any other policy
posted on the Site or applicable to The Teachers’ Dungeon Service.
TERMINATION
OF THE TEACHERS’ DUNGEON SERVICE
Our business will change over time and we reserve the right to
modify, suspend or discontinue any service or any content we offer, in whole or
in part, at any time, including the Teachers’ Dungeon Service, with or without
notice and without liability to you. In the event that we exercise such right,
you may be entitled to a refund, in our sole discretion, if you are a member of
a Teachers’ Dungeon Plan (as defined in the Policy on Teachers’ Dungeon Premiere Membership Plans) or with respect
to any purchase you've made.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TEACHERS’ DUNGEON SERVICE
AND TEACHERS’ DUNGEON CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY
OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE TEACHERS’ DUNGEON
SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TEACHERS’ DUNGEON SERVICE AND
TEACHERS’ DUNGEON CONTENT IS AT YOUR SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE TEACHERS’
DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR
LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION
WITH TEACHERS’ DUNGEON SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR SUPPLIERS OR
LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES
ARISING IN CONNECTION WITH TEACHERS’ DUNGEON SERVICES AND CONTENT IN EXCESS OF
THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR CONTENT
GIVING RISE TO THE DAMAGE (IF APPLICABLE), OR (B) TWO HUNDRED FIFTY DOLLARS
(US$250).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE
LAW
By visiting TeachersDungeon.com or using The Teachers’ Dungeon
Service, you agree that the laws of the state of California, without regard to
principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and The Teachers’ Dungeon.
DISPUTES
Except as otherwise specifically provided in the conditions of
use applicable to a Teachers’ Dungeon product or service, any dispute relating
in any way to your visit to TeachersDungeon.com or to products or services sold
or distributed by The Teachers’ Dungeon or through TeachersDungeon.com in which
the aggregate total claim for relief sought on behalf of one or more parties
exceeds $2,500 in any state will be resolved through mediation in Marin County,
California, and you consent to exclusive jurisdiction and venue in such
mediation.
NOTICES
We may provide notices to you by sending messages to the email
address associated with your account and our notice sent to you by email will
be deemed received when sent. Any notice you have for us must be sent to the
address below or to such other address as we provide in a notice to you or on
this Site.
Teachers’ Dungeon
customerservice@teachersdungeon.com
The Teachers’ Dungeon Purchase Terms
and Conditions
In addition to the foregoing Teachers’ Dungeon Site Conditions
of Use, the purchase of Teachers’ Dungeon Content on this Site is subject to
the following additional Teachers’ Dungeon Purchase Terms and Conditions. By
purchasing any Teachers’ Dungeon Content from The Teachers’ Dungeon Site, you
agree to be bound by these Teachers’ Dungeon Purchase Terms and Conditions, which
are subject to change by The Teachers’ Dungeon at any time, in its sole
discretion. Changes to these Teachers’ Dungeon Purchase Terms and Conditions
will be effective when posted. Continued use of the Site and/or any purchase by
you from the Site constitutes acceptance of the most recent version of these
Teachers’ Dungeon Purchase Terms and Conditions.
Purchases
of Teachers’ Dungeon Content
Point of Sale
Purchases. You may purchase Teachers’ Dungeon Content, such as e-books, on
a "Point of Sale" basis. If you purchase Teachers’ Dungeon Content on
a " Point of Sale" basis, you pay for the Teachers’ Dungeon Content
you select and your credit card is charged at the time you make the purchase.
Point of Sale purchases can be made by both members, (as defined in the Policy
on Teachers’ Dungeon Premier Membership Plan) and non-members. Details on
Teachers’ Dungeon Membership Plans are described in the Policy on Teachers’
Dungeon Premier Membership
Plans.
The Teachers' Dungeon
Membership Plans
1. Basic Membership Plan
The
Teachers' Dungeon offers a FREE BASIC Membership
to all teachers, students and parents.
The basic membership is free, but limited.
Teachers
can set up their classeswith a screenname & password.
Parents
can set create an account for themselves and their children.
All
students get to answer common core standards based questions and earn crystals
for all questions answered correctly.
All
students can see how their compare in our Top Ranking Royalty.
All
Students can learn from our Convince Me Tutorials!
All
Students, whether they are a Basic Member or a Premiere Member have the ability
to be link their account to both their Teacher & their Parent’s account.
All
our memberships are for a full year and are NON-Reoccurring. In
order to maintain your membership, all members must log into our site and
reorder their memberships on a yearly basis.
2. Individual Child Premiere
Membership
Our individual Memberships include
a free Parent Account!
Students with Premier Memberships get to
play an Enhanced version of The Teachers' Dungeon:
o Children can use
their crystals to save creatures from The Teachers' Dungeon.
o Children can build
their castle into a grand palace.
o Children can raise
their royalty status to that of king or queen
o Children can earn
more points toward Top Ranking Royalty.
o Children can
submit Convince Me Tutorials. Note
– No child can submit a Convince Me Tutorial unless his/her parent or
guardian has created a parent account and electronically signed our terms and
conditions agreement!
A
Parent Account includes:
o
A
Game-Play Stats Page where parents can see the percentage of questions answered
correctly.
o
A
Video Page where parents can see all the Convince Me Tutorial Videos submitted
by their child!
o
The
Teachers Dungeon will provide parents with a “Message Center” where parents can see every message ever
sent or received by their child.
§
Parents
can also review their child’s Game-Play Result
o The Teachers' Dungeon Stats-Page
gives a quick overview of how many questions your students got correct and how
many questions required a tutorial.
o Our Stats-Page allows parents to
see how their child is improving in Language Arts, Mathematics, Social Studies,
and Science.
o Our Game-Logic self-adjusts -
raising and lowering according to each child’s level of academic ability.
§
All
members can participate in our e-Book Publication
o
Parents
with a passion for writing can publish their works of art in the form of short
stories, or novels by submitting their work to our Submissions Editor. McCoy Publishing pays 50% royalties on
all e-books sold through our site.
o
For
more information, see e-book Publishing .
o
Children
who are gifted writers can also publish short stories, or novels by submitting
their work to our Submissions Editor.
McCoy Publishing will pay their parents 50% royalties on all e-books
sold through our site. It is then
the parent or guardians responsibility to disburse allowances to their child.
o
For more information, see e-book
Publishing .
3. Classroom & School Premiere Membership Plans
Our group Rates for classroom &
schools are our best value!
Our
Classroom & School Premiere Memberships include a FREE Parent Account for
every child in your class!
Every
Students within your class or school will get to play the Enhanced version of
The Teachers' Dungeon:
o Students can use
their crystals to save creatures from The Teachers' Dungeon.
o Students can build
their castle into a grand palace.
o Students can raise
their royalty status to that of king or queen
o Students can earn
more points toward Top Ranking Royalty.
o Students can
submit Convince Me Tutorials. Note
– No child can submit a Convince Me Tutorial unless his/her parent or
guardian has created a parent account and electronically signed our terms and conditions
agreement!
Teachers
get full access to The Teachers' Dungeon Statistics & Game-Play Adjustments:
o
Teachers
get a Game-Play
Stats Page where they can see the percentage of questions answered correctly.
o
Teachers
get a Question
Page where they can add their own questions & tutorials.
o
Teachers
get a Homework
page where they can modify the game-play to match the educational subject &
strand they are teaching in class.
o
Teachers
get a Video
Page where they can see all the Convince Me Tutorial Videos submitted by your
students!
Teachers are able to set the Educational Standards
that they want their students to practice
o
Teacher
are given the opportunity modify the game-play, ensuring that their students
are working on the concepts that there are teaching in class.
o
Review
your students Game-Play Result
o
The
Teachers' Dungeon teacher account allows teachers to offer extra credit to
their students in a manner that addresses each student at their individual
level of academic ability. Our
Game-Logic self-adjusts - raising and lowering according to each student’s
level of academic ability.
o
The
Teachers' Dungeon class-page gives a quick overview of how many questions your
students got correct and how many questions required a tutorial.
o
The
Teachers' Dungeon class-page gives a percentage rating in each of the following
subjects: language Arts, mathematics, social studies, and science. All of which
can be used in formulating grades.
o
Become
a Published Author
o
Teachers
with a passion for writing can publish their works of art in the form of short
stories, or novels by submitting their work to our Submissions Editor. McCoy Publishing pays 50% royalties on
all e-books sold through our site.
o
For
more information, see e-book Publishing
o
Class
Book Fundraisers
o
Teachers
are given the opportunity to earn extra cash for their classroom by
participating in our Class Book Fundraising Program. McCoy Publishing pays 50% royalties on all ebook-Fundraisers
sold through our site.
o
For
more information, see e-book Publishing .
Classroom & School Premiere Memberships also
include a FREE Parent Account for every child in your class. A Parent-account includes:
o
Parents
get a Game-Play Stats Page where they can see the percentage of questions answered
correctly by their child.
o
Parents
get a Message Center where they can see every message ever sent or received by
their child.
o
Parents
get a Video Page where they can see all the Convince Me Tutorial Videos
submitted by their child!
Committed Membership Plans. Committed Membership Plans consist
of the Individual Child Premiere Membership Plan and the Classrooms &
Schools Premiere Membership Plans.
For Committed Membership Plans members may receive a gift for
joining (such as free Teachers’ Dungeon Crystals and/or a discount on the
purchase of Teachers’ Dungeon Content) in exchange for their commitment to
remain a member for the period of time specified at the time of enrollment. You
must pay the membership fee for your Premire Membership Plan at the time you
enroll. By enrolling in the Premiere Membership Plan, you acknowledge that you
will not be able to cancel the plan prior to the expiration of the initial term
of the plan.
•
Trial Offers. The Teachers’ Dungeon may, in its sole
discretion, make available free trial offers for a specified period of time.
Trial Offers are generally for a short period of time (e.g., 5 days) (the
"Trial Period") and are available for free or for a reduced fee. The
length and cost of the Trial Offer will be specified at the time of joining.
Those who participate in a Trial Offer ("Trial Members") will have
the same membership benefits as the related Individual Child Premiere
Membership Plan. Upon expiration of the Trial Period, you must join the Individual
Child Premiere Membership Plan, or the Classrooms & Schools
Premiere Membership Plan, or your account will freeze. Terms of trial offers
may vary. Specific details of your trial not covered in this Policy on Teachers’
Dungeon Content Plans will be explained on the web page you are on prior to
beginning the sign-up process or as part of the sign-up process.
•
Teachers’ Dungeon Plan Prices. Prices of
Teachers’ Dungeon Plans are subject to change at any time upon notice from
Teachers’ Dungeon via email or posts on our site. Prices of Committed
Membership Plans are not subject to change during the initial commitment
period.
•
Payment. You agree that you will pay timely, and that we may
charge your credit card for all fees applicable to your Teachers’ Dungeon Plan
and any related additional amounts (including any taxes) as may be accrued in
connection with your Teachers’ Dungeon Plan. All Teachers’ Dungeon Plan fees will
be billed to the credit card you designated during the registration process.
You agree that Teachers’ Dungeon may use all legal means available to collect
Teachers’ Dungeon Plan fees should our attempts to charge your credit card fail
for any reason, including any collection agency and legal fees.
Cancellation of Teachers’ Dungeon Premiere Membership Plans. Subject to the terms of this Policy
on Teachers’ Dungeon Content Plans.
All of our Premiere Membership Plans are NON-REOCCURING. YOUR MEMBERSHIP
WILL AUTOMATICALLY CANCEL AT THE END OF ITS TERM IF YOU DO NOT RENEW YOUR
MEMBERSHIP.
• Trial Offers. Trial Offers will
give players access to our premier content only during the Trial Period. If a
premier membership is not purchased before the Trial Offer expires, all
Game-Play (including Avatar Status, Crystals, Creatures, and Castle
Development) will expire.
•
Purchase Terms. All purchases you make under any
Teachers’ Dungeon Plan are subject to the Teachers Dungeon Purchase Terms and
Conditions.
Termination. If you fail, or we suspect that you have
failed, to comply with any of the provisions of this Policy on The Teachers’
Dungeon Content Plans or any term or condition of any policy applicable to the
Teachers’ Dungeon Service, including the Teachers’ Dungeon Purchase Terms and
Conditions and the Teachers’ Dungeon Site Conditions of Use, The Teachers’
Dungeon, at its sole discretion, may (a) terminate your enrollment in any
Teachers’ Dungeon Plan and/or your Teachers’ Dungeon Account and you will remain
liable for all amounts due under your Teachers’ Dungeon Account up to and
including the date of termination; and/or (b) terminate your rights to use any
Teachers’ Dungeon Content, the Site, or any Teachers’ Dungeon Software; and/or
(c) preclude access to the Teachers’ Dungeon Service (or any part thereof). We
will notify you if we take any of the foregoing actions.
Teachers’ Dungeon Content License. When you purchase
Teachers’ Dungeon Content, Teachers’ Dungeon grants you a limited, revocable,
non-exclusive, non-transferable license to download or stream such Teachers’
Dungeon Content to your computer and/or your Teachers’ Dungeon Ready device(s)
solely for your personal non-commercial use. You may also copy any of your
Teachers’ Dungeon Content onto an iPad, tablet, smart phone, or other tangible
media device once. You agree to not otherwise copy, reproduce, distribute or
use the Teachers’ Dungeon Content other than as expressly set forth herein. You
will not sell, transfer, lease, modify, distribute or publicly perform the
Teachers’ Dungeon Content in any manner and you will not exploit it
commercially. You agree to not decompile, disassemble, or reverse engineer the
Teachers’ Dungeon Content, or modify the Teachers’ Dungeon Content or create
any derivative works there from. The license to the Teachers’ Dungeon Content
you purchase will continue for as long as your copy of Teachers’ Dungeon
Content exists pursuant to these Teachers’ Dungeon Purchase Terms and
Conditions.
Teachers’ Dungeon
Fundraising Program
1.
Any school with a classroom
or school account is eligible for our
Class-Book Fundraising Program.
2.
Schools can decide
to create a school-wide theme, have all students within a school create a
book. Individual classes can
create books that are specifically designed to earn money for their classroom.
3.
A school-book or
class-book is created and uploaded to The Teachers' Dungeon’s website. The Teachers' Dungeon will format the
school-book or class-book into a downloadable e-book format.
4.
The Teachers'
Dungeon will post your school-book or class-book on our e-book page.
5.
Teachers are given
a redesigned message that they can modify and send out to family & friends.
6.
The Teachers'
Dungeon pays your school 50% royalties on all the e-book sales from your
school-book or class-book.
Fundraising
Payments
The Teachers' Dungeon
will pay schools according to the bi-annual payment structure:
McCoy Publishing
utilizes a standard e-book publishing contract for all its authors. This includes individual authors and
collaborative authors that create class books, or school books under our School
Fundraising Program.
First and foremost, NO
CHILD UNDER THE AGE OF 18 IS ALLOWED TO PUBLISH ANY MATERIAL WITH McCoy
PUBLISHING THROUGH OUR TEACHERS’ DUNGEON WEBSITE. THEY MAY SUBMIT WORK UNDER THEIR PARENT’S OR GUARDIAN’S
NAME. ALL ROYALTY CHECKS WILL BE
PAID TO THE PARENT OR GUARDIAN, AND IT WILL BE THEIR RESPONSIBILITY TO PAY ALL
TAXES REQUIRED. IT IS UP TO THE
PARENT OR GUARDIAN TO DISPURSE ALLOWANCES TO THEIR CHILD.
This e-book publishing contract is made effective at the time of
your electronic signature between "McCoy Publishing” for “The Teachers’ Dungeon website", and “every author that completes the electronic
signature” by signing these Terms &
Conditions. All authors submit
work as sole proprietorship and independent contractors with no affiliation to
McCoy Publishing or the Teachers Dungeon Website.
In consideration of the mutual premises herein
contained, Company and Independent Contractor hereby agree as follows:
This contract is by and
between each author who submits an electronic signature, henceforth known as “Author,” and McCoy
Publishing, henceforth known as “Publisher,”
for the purposes of coming to terms on the electronic publication of “Author’s
work”, henceforth known as “e-Book.”
This Agreement is set
forth the moment of your electronic submission to our Submissions Editor.
I. Grant of Rights and Territory
Author
grants Publisher the following rights to the Book:
II.
Manuscript Delivery
Author agrees to deliver Work, including any
revisions, to Publisher by the date of submission. The schedule for
revisions will be as follows:
Ø
Author will
create an uploadable PDF format of their book.
Ø
Author is
responsible for all edits & revisions. Revisions must be completed before final submission.
III.
Royalties
McCoy Publishing agrees to pay royalties on net
sales (after taxes) according to the following:
§
50% royalties
on all electronic sales.
McCoy Publishing & The Teachers'
Dungeon Websites
bi-annual payment structure
IV.
Copyrights
Author holds all copyrights for their e-books.
McCoy Publishing only holds the rights to e-book sales. Should McCoy
Publishing add any material in the form of text, graphics, photos, etc.,
Publisher will retain copyright ownership for that material. Should Author obtain the rights to
publish in book form with another publishing company, McCoy Publishing
holds the rights to all excerpts, questions, and tutorials for the use of
The Teachers' Dungeon game.
IV.
Indemnification
Author agrees that {he/she} is the sole creator of the Book, and has not
previously published the Book in any other form. Author indemnifies and
holds Publisher harmless against any and all claims, actions, demands,
etc. arising from the publication of the Book. This includes, but is not
limited to, actions involving plagiarism, fraud, and theft.
V.
Publication
McCoy Publishing will publish the eBook no
later than two weeks after the submitted work is approved by The Teachers'
Dungeon’s Submissions Editor, unless unforeseeable events occur, through
no fault of the Publisher, that may delay publication. These events
include, but are not limited to, crimes against Publisher.
VI.
Statements of Account
McCoy Publishing agrees to provide Author
with statements of {his/her}
account on an annual
basis. McCoy Publishing agrees to settle the account annually, within
45-days of December 31st of each year.
VII.
Competing Works
Author has the right to publish other works,
during the terms of this contract, that includes any characters,
likenesses, or any other material related to the Book mentioned herein.
VIII.
Out-of-Print
The e-book shall be considered to be “out of
print” if and when Author obtains a book contract with another publishing
house that require termination of all other e-book sales. McCoy Publishing holds the rights
to all excerpts, questions, and tutorials for the use of The Teachers'
Dungeon project indefinitely.
IX.
Termination
Other than the provisions set forth in the
above section, this Contract may only be terminated under the following
conditions:
§
The E-book
sale can be terminated by Author at any time with a 60 day written notice
submitted by Author.
§
Publisher
holds the right to terminate this contract at any time.
This Contract is subject to the laws and
regulations of California.
The Teachers'
Dungeon bi-annual payment structure
for authors & Fundraisers:
Pricing. With
respect to all Point of Sale purchases, except where noted otherwise, any
list price displayed represents the full retail price listed on the
Teachers’ Dungeon Content itself, as determined by Teachers’ Dungeon.
Right to
Change Prices. Prices of all Teachers’ Dungeon Content are subject to
change at any time in The Teachers’ Dungeon's sole discretion. All such
pricing changes will be posted to the Teachers’ Dungeon Site.
Delivery
of point of sale items. All Teachers’ Dungeon point of sale
items will be delivered via download. The download will occur directly after purchase of any
Point of Sale item.
Risk of
Loss. You bear all risk of loss for completing the download of
any Teachers’ Dungeon point of sale item after purchase, once we have
made such content available to you and for any loss of Teachers’ Dungeon
point of sale item you have downloaded, including any loss due to a file
corruption or a computer or hard drive crash. Purchased Teachers’ Dungeon
point of sale items such as e-books must be downloaded promptly after
purchase. It is recommended
you make a back up copy. If you are unable to complete a download after
having reviewed our online help resources, please contact Teachers’
Dungeon Customer Service. customerservice@TeachersDungeon.com.
Limited
Express Warranty. Except as expressly provided herein, any
Teachers’ Dungeon point of sale items you purchase is provided "AS
IS" and "AS AVAILABLE." The Teachers’ Dungeon Service is
only warranted as stated below:
Teachers’ Dungeon warrants
that (i) the Teachers’ Dungeon Content that you license directly through
the Teachers’ Dungeon Service will be of a quality suitable for game
play, and (ii) the media in which the Teachers’ Dungeon Content is
provided will be free from material defects on delivery, if, in each
case, the Teachers’ Dungeon Content is obtained pursuant to Teachers’
Dungeon's instructions using equipment that is in good operating
condition and meets the specifications for the Teachers’ Dungeon Service
as provided by Teachers’ Dungeon.
If you find
a defect in Teachers’ Dungeon Content, you may email The Teachers’
Dungeon customer service at customerservice@TeachersDungeon.com. The
Teachers’ Dungeon will consult with you on proper downloading procedures
and hardware requirements. If you are still unable to download a working
copy of the Teachers’ Dungeon Content or the Teachers’ Dungeon Content is
not as warranted above, The Teachers’ Dungeon will provide you with
replacement Teachers’ Dungeon Content or a credit on your Teachers’
Dungeon Account, as determined by Teachers’ Dungeon in its sole
discretion, if you advise Teachers’ Dungeon within 7 days of your first
attempt to download the material by emailing The Teachers’ Dungeon
customer service or submitting the customer service request form
available at the Site, provided you meet the registration, technical, and
payment requirements for the Teachers’ Dungeon Service.
THE
FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING
CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR
MAINTENANCE, MODIFICATION OF ANY TEACHERSDUNGEON SOFTWARE OR TEACHERS’
DUNGEON CONTENT OR THE MEDIA ON WHICH ANY TEACHERS’ DUNGEON SOFTWARE OR
TEACHERS’ DUNGEON CONTENT ARE FURNISHED, OR THE USER'S LACK OF THE
NECESSARY HARDWARE/SOFTWARE.
OTHER THAN AS EXPRESSLY
PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’
DUNGEON CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TEACHERS’
DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT IS AT YOUR SOLE RISK. TO
THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF
NON-INFRINGEMENT. WE DO NOT WARRANT THAT TEACHERS’ DUNGEON CONTENT IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO TEACHERS’
DUNGEON EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED
TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.
Teachers’ Dungeon Memberships and Content, such as
e-books:
The Teachers’ Dungeon does NOT accept returns of
memberships or content purchased. All purchases are considered final.
The Teachers’ Dungeon is intended for children in grade 2nd
through 6th.
However, from time to time older children, and teachers of
children that are in higher grades may want to utilize The Teachers’
Dungeon for its “Convince Me Tutorials” All purchases are Final.
The Teachers’ Dungeon accepts questions & tutorial
submitted by teachers, and tutorials that are submitted by students. Although we do our best to ensure
that no types or errors are contained within any to the questions or
tutorials submitted, typos, errors, and/or glitches may occur. By agreeing to these terms &
conditions you agree to waive any rights for refunds regardless of typos,
errors, or glitches within the game-play.
Certain devices like iPad,
mobile phones, and tablets may “freeze” while playing The Teachers'
Dungeon. This is caused by
the way your device interfaces with the various browsers like Safari and
Fire Fox. By agreeing to these terms &
conditions you agree to waive any rights for refunds regardless of the “freezing”
issue, or other glitches associated with your devise and its interfacing
with your browser.
Fees and Credits
• Fees. You agree
that you will pay timely, and we may charge your credit card for, any
Teachers’ Dungeon Content, accessory, and related additional amounts
(including taxes and late fees, as applicable) ("Teachers’
Dungeon Purchase Fees") as may be accrued in connection with any
purchase you make. All Teachers’ Dungeon Purchase Fees will be billed to
the credit card you designated during the registration process. All of
our Premiere Membership Plans are NON-REOCCURING. YOUR MEMBERSHIP WILL
AUTOMATICALLY CANCEL AT THE END OF ITS TERM IF YOU DO NOT RENEW YOUR
MEMBERSHIP. Furthermore, all
payments are processed through Pay Pal.
The
Teachers' Dungeon
McCoy
Publishing
Novato
CA 94948
customerservice@teachersdungeon.com
This privacy notice discloses the privacy
practices for teachersdungeon.com. This privacy notice applies solely to
information collected by this web site. It will notify you of the
following:
What personally identifiable information is
collected from you through the web site, how it is used and with whom it
may be shared.
What choices are available to you regarding
the use of your data.
The security procedures in place to protect
the misuse of your information.
How you can correct any inaccuracies in the
information.
Information Collection, Use, and Sharing
We are the sole owners of the
information collected on this site. We only have access to/collect
information that you voluntarily give us via email or other direct
contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to
you, regarding the reason you contacted us. We will not share your
information with any third party outside of our organization, other than
as necessary to fulfill your request, e.g. to share GamePlay stats with a
child’s teacher, or to ship an order.
Per your request, when signing up for, or
editing your account, The Teachers' Dungeon will share individual
player’s GamePlay stats a child’s teacher. The child’s screen name, and percentage correct within
the various educational strands will be shared with their teacher.
We may contact you via email in the future
to tell you about specials, new products or services, or changes to this
privacy policy.
Your Access to and Control Over
Information
You may
opt out of any future contacts from us at any time. You can do the
following at any time by contacting us via the email address given on our
website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use
of your data.
Security We take precautions to protect your
information. When you submit sensitive information via the website, your
information is protected both online and offline.
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. When you enter sensitive information, such
as your credit card number, or our membership subscription form, we
encrypt that information using secure socket layer technology (SSL).
Financial Information
If a child registrant wants to acquire a
paid membership, or one of our electronic books, the parent's full name,
email address, credit card billing information including mailing address
will be required at the time of purchase. That information is not stored
on The Teachers' Dungeon website, or by McCoy Publishing. Instead, credit card information
is stored by our payments processing vendor, Pay Pal for the purpose of
processing payments made to McCoy Publishing and for fraud prevention
purposes. That information is safeguarded with appropriate security, and
it will not be used for other purposes. Furthermore, our payments
processing vendor has agreed to maintain the confidentiality, security,
and integrity of the personal and financial information it obtains from
The Teachers' Dungeon website, and only to use this information on our
behalf. All applicable
privacy laws relating to the provision of financial services bind our
financial institution.
Wherever we collect sensitive information
(such as credit card data), that information is encrypted and transmitted
to us in a secure way. You can verify this by looking for a closed lock
icon at the bottom of your web browser, or looking for "https"
at the beginning of the address of the web page.
While we use encryption to protect
sensitive information transmitted online, we also protect your
information offline. Only employees who need the information to perform a
specific job (for example, billing or customer service) are granted
access to personally identifiable information. The computers/servers in
which we store personally identifiable information are kept in a secure
environment.
If you feel that we are not abiding by
this privacy policy, you should contact us immediately via email at customerservice@teachersdungeon.com.
Policy on
Teachers’ Dungeon Content Plans
In
addition to the foregoing Teachers’ Dungeon Site Conditions of Use and
Teachers’ Dungeon Purchase Terms and Conditions, membership in an
Teachers’ Dungeon membership plan is subject to this Policy on Teachers’
Dungeon Content Plans, and to payment of the applicable periodic
membership fee plus applicable taxes. Teachers’ Dungeon offers various
plans for using and paying for the Teachers’ Dungeon Service on the Site,
as described below (collectively, "Teachers’ Dungeon Plans"). By subscribing to a Teachers’
Dungeon Plan, you agree to be bound by this Policy on Teachers’ Dungeon
Content Plans, which is subject to change by Teachers’ Dungeon at any
time, in its sole discretion. Changes to this Policy on Teachers’ Dungeon
Content Plans will be effective when posted. Continued use of the Site
and/or any purchase by you from the Site constitutes acceptance of the
most recent version of this Policy on Teachers’ Dungeon Content Plans.
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Notice and Procedure for Making Claims of Copyright
Infringement
If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide TeachersDungeon.com's copyright
agent the written information specified below. Please note that this
procedure is exclusively for notifying The Teachers’ Dungeon that your
copyrighted material has been infringed.
1.
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
2.
A description of the copyrighted work that you claim has
been infringed upon;
3.
A description of where the material that you claim is
infringing is located on the Site;
4.
Your address, telephone number, and e-mail address;
5.
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;
6.
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.
The
Teachers’ Dungeon's Copyright Agent for notice of claims of copyright
infringement on the Site can be reached as follows:
Copyright
Agent
Teachers’
Dungeon
McCoy
Publishing,
e-mail customerservice@teachersdungeon.com
RE: Copyright Agent
NOTE: THE
ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
TEACHERS’ DUNGEON THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER
SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A
RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER
SERVICE GROUP AT VIA EMAIL TO customerservice@teachersdungeon.com