My Molecularium Terms of Use
THIS APP IS LICENSED, NOT SOLD. THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND RENSSELAER POLYTECHNIC INSTITUTE. BY INSTALLING, USING OR ACCESSING THE APP, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE POLICIES AND TERMS OF USE. IF YOU DO NOT ACCEPT THE POLICIES AND TERMS OF USE, DO NOT INSTALL, USE OR ACCESS THE APP.
1. Definitions
Capitalized words in these Terms of Use have these meanings:
1.1 “App” means the My Molecularium computer game program for mobile devices.
1.2 “Malicious Code” means any viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs.
1.3 “Our” and “Ours” mean belonging to Rensselaer Polytechnic Institute.
1.4 “Policies and Terms of Use” means Our Privacy Policy and these Terms of Use, and any other policy posted on the game application service that You use to access the App, as they may be amended from time to time by Us at Our sole discretion.
1.5 “Us” and “We” mean Rensselaer Polytechnic Institute.
1.6 “You” means the user of the App.
1.7 “Yours” means belonging to You.
2. Changes to these Terms of Use
2.1 We reserve the right, at Our discretion, to change, modify, add or remove portions of the Policies and Terms of Use at any time by posting the amended Policies and Terms of Use in the App or on the [Google/Apple platform]. We may provide additional notice at Our discretion. Unless We state otherwise, changes are effective when posted. If You continue to use the App after changes are posted, You agree to the changes.
2.2 If You have a dispute with us, the version of the Policies and Terms of Use in effect at the time We receive notice of the dispute will apply to the dispute. If You keep using the App after the changes are posted, however, You agree that the changes apply to Your continued use of the App.
2.3 You may not make any changes to the Policies and Terms of Use unless You and We both sign a written amendment. If the Terms of Use or the Privacy Policy have provisions that conflict with other terms or policies of Ours, the Terms of Use and the Privacy Policy rule.
3. Privacy
Our Privacy Policy tells You how We collect and use information about You and Your computer or mobile device, and how You can use the App to share such information with others. You understand that through Your use of the App, You acknowledge the collection, use and sharing of this information as described in Our Privacy Policy. If You DO NOT AGREE with the Privacy Policy, then You must stop using the App.
4. Using the App
4.1 Who can Use the App. You may NOT use the App if:
4.1.1 You cannot enter into a binding contract with Us; or
4.1.2 You are not allowed by law to receive products, including services or software, from the United States (if, for example, you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals).
4.2 Other Rules. You must also comply with the terms of service and terms of use of the platform from which you access the App as well as Our Policies and Terms of Use.
4.3 Accessing Our App. To access the App, you may need an account with the company that provides your mobile applications, such as Apple or Google Play. You may need to update third party software from time to time to receive the App. We provide the games and You provide the equipment to play them, such as computer, phone, tablet or another electronic device. You are responsible to pay any fees to connect to the Internet and app stores or for data or cell phone usage to download and use the App.
4.4 App Changes and Limitations.
4.4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO STOP OFFERING OR SUPPORTING THE APP, IN WHOLE OR IN PART (INCLUDING, WITHOUT LIMITATION, PROHIBITING ACCESS TO GAME APPS, SERVICES, TOOLS, SITES AND CONTENT AND DELAYING AND REMOVING HOSTED CONTENT) AT ANY TIME, WITHOUT REFUND, BENEFIT OR COMPENSATION TO YOU.
4.4.2 You may stop using the App at any time, and may request that we stop making active use of your data at any time by following the instructions in the Privacy Policy. Except as required by applicable law, We are not required to provide refunds, benefits or compensation to you if you request deletion of your Account.
5. Ownership; Limited License
5.1 Ownership. The App is comprised of works owned by Us, and it is protected by copyright, trademark, trade dress and other United States and non-United States intellectual property laws. We own, have licensed or otherwise have the rights to use all content that appears in the App. We do not grant you or any other party any right, title or interest in the App or any content in the App.
5.2 Limited License.
5.2.1 Provided that you comply with Our Policies and Terms of Use, We grant You a non-exclusive, non-transferable, revocable, limited license subject to the limitations in the Policies and Terms of Use to use the App using a mobile device solely for your own non-commercial entertainment purposes in compliance with applicable law. However, if you are an educator, you may use the App for non-commercial educational purposes. YOU AGREE NOT TO USE THE APP FOR ANY OTHER PURPOSE.
5.2.2 YOU SHALL NOT:
(A) Cause or permit any third party to use or access the App except as expressly permitted in the Policies and Terms of Use;
(B) License, sublicense, sell, resell, rent, lease, transfer or distribute all or any portion of the App;
(C) Copy, frame or mirror any content forming part of the App, other than for your own non-commercial entertainment purposes;
(D) Access or use the App to build a competitive product or service, or to copy, evaluate or monitor ideas, features, functions or graphics, or to monitor or evaluate the availability, performance, or functionality of the App, or for any other benchmarking or competitive purposes; or
(E) Store or transmit any infringing, libelous, unlawful or tortious material; store or transmit material in violation of third-party privacy rights; use the App to store or transmit Malicious Code; interfere with or disrupt the integrity or performance of the App or data contained in it; attempt to gain or permit others to gain unauthorized access to the App or related systems; or unreasonably restrict or inhibit any other user of the App from using or enjoying any services provided to that user by Us.
5.3 Reserved Rights. We reserve all rights in and to the App not expressly granted in the Policies and Terms of Use.
6. Fees
6.1 You will pay the fees set in the App Store where purchases are handled.
7. Feedback and Unsolicited Ideas
7.1 There is no feedback option provided within the App. We disclaim any liability arising from use of unsolicited ideas submitted to the App Store.
8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 THE APP IS PROVIDED “AS-IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, ABOUT THE APP. Specifically, but without limitation, We make no warranty: against interference with Your enjoyment of the App or against infringement; that the functions performed by the App will meet Your requirements; that the operation of the App will be uninterrupted or error-free; that defects in the App will be corrected; or that the App is compatible with any particular platform. We are not required to provide any updates to the App. We have no responsibility and assume no liability for the performance or failure to perform warranty services of any other manufacturer or software service provider.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOLLOWING LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE:
8.2.1 OUR LIABILITY TO YOU UNDER ANY LEGAL THEORY IS LIMITED TO THE TOTAL FEES YOU HAVE PAID TO US FOR USE OF THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM IS DETERMINED BY THE COURT TO HAVE ACCRUED.
8.2.2 WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP OR THE POLICIES OR TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold Us, our trustees, directors, officers, employees and agents (the “Indemnified Parties”) harmless from and against any claims, suits, proceedings, accidents, losses, liabilities, costs and expenses (including reasonable attorneys’ fees), injury or damage to any person or property (collectively, “Claims”) arising from or relating in any way to the following, regardless of the type of claim or nature of the cause of action: (a) your breach of the Policies and Terms of Use; or (b) your negligence or willful misconduct (except solely to the extent caused by Our negligence or willful misconduct). If We notify you of a Claim within a reasonable time, you agree that We may take exclusive charge of the defense of any Claim at your sole expense. You also agree to cooperate with our defense of Claims.
10. Governing Law; Dispute Resolution
10.1 The Policies and Terms of Use shall be governed by, construed and enforced exclusively in accordance with the laws of the State of New York, without giving effect to any conflict-of-laws rules. The federal and state courts located in Rensselaer or Albany County in the State of New York shall have exclusive jurisdiction over any lawsuit arising out of or relating to the Policies and Terms of Use, and You expressly consent to such jurisdiction.
10.2 To the fullest extent permitted by applicable law:
10.2.1 You agree to waive any right to jury trial.
10.2.2 You agree that You and We can only bring a claim against each other on an individual basis. No class actions, consolidated actions or representative actions may be brought.
10.3 You agree that if You breach or threaten to breach any provision of Section 5.2 of these Terms of Use, We will suffer irreparable harm, and therefore We may apply to any court of competent jurisdiction for preliminary, temporary and permanent injunctive relief from such a breach or threatened breach without posting a bond or other undertaking.
11. Miscellaneous
11.1 No Third-Party Beneficiaries. The Policies and Terms of Use are for the benefit of You and Us, and are not intended to confer any legal rights or benefits upon any third party.
11.2 Headings. Headings are for convenience only, and are not to be relied on in interpreting any provision of the Policies and Terms of Use.
11.3 Severability. If any provision of the Policies and Terms of Use is held by a court of competent jurisdiction to be void or unenforceable, the offending provision shall be reformed to reflect as closely as possible the original intent of the parties, and the remaining provisions of the Policies and Terms of Use shall remain in full force and effect. If the offending provision cannot be so reformed, it shall be deemed stricken as if the provision never were a part of the Policies and Terms of Use, and the remaining provisions of the Policies and Terms of Use shall remain in full force and effect. You understand and agree that each provision that provides for limitation of liability, disclaimer of warranty, indemnification or exclusion of damages or other remedies is intended to be enforced as such, even if any provision of this Agreement is determined to have failed of its essential purpose.
11.4. Assignment. You may not give your rights or obligations under the Policies and Terms of Use to any other person or entity without Our prior written consent, and any attempt to do so without such prior written consent is null and void. We may give our rights or obligations under the Policies and Terms of Use to any person or entity at any time without Your consent.
11.5. Entire Agreement. The Policies and Terms of Use constitute the entire agreement between You and Us relating to the subject matter of the Policies and Terms of Use, and they supersede all prior understandings between You and Us relating to the subject matter of the Policies and Terms of Use, whether such understandings were oral, written, electronic or in other form.
11.6. Force Majeure. We are not liable for any delay or failure to perform Our obligations under the Policies and Terms of Use to the extent that such delay or failure to perform is caused by occurrences beyond Our reasonable control, including, without limitation, act of God, strike or other labor disturbance, war (declared or undeclared), embargo, civil disturbance or terrorism (collectively, “Force Majeure Event”). We will give You reasonable notice of the event and claim of Force Majeure.
11.7 Government End Use Provisions. This Agreement is not intended for the provision of any products or services of any kind to any federal, state or local governmental agency, department or authority anywhere in the world (“Government”). Products and services intended for Government as the end-user shall be subject to a separate, signed agreement.
11.8 Survival. The following provisions shall survive termination of the App or your use of the App: Sections 1, 2.2, 5.1, 5.3, 8-11, and any other provision that by its terms is intended to survive.
11.9 Notices. Any notice We are required or permitted to give You under the Policies and Terms of Use will be effective when we post the notice on the Google or Apple platform or in the App. Any notice You are required or permitted to give Us under the Policies and Terms of Use must be in writing and will be deemed effective (a) when delivered by e-mail with electronic delivery confirmation, to info@molecularium.com; (b) one (1) business day after posting, postage-prepaid, by recognized commercial overnight delivery service, such as Federal Express; or (c) three (3) business days after posting, postage-prepaid, by U.S. certified mail return receipt requested, to Us, at the following address or to such other address as we identify in the App: Rensselaer Polytechnic Institute, Office of the General Counsel, 110 Eighth Street, Troy, New York (USA) 12180.