End User License Agreement
Last Updated: September 1st, 2016
Thank you for your interest in Edcoda, LLC’s (“Edcoda,” “we,” “us,” “our”) Coda Quest – an online role-playing game that delivers academics through a game-based 3D environment. This Coda Quest End User License Agreement (“EULA”) governs your use of Coda Quest.
Do not install or play Coda Quest if you do not agree to be bound by this EULA.
You may only install and play Coda Quest with a parent or legal guardian’s consent if you are not of legal age to form a binding contract with us (age 18 in most states). You must have a parent review this EULA with you if you are not of legal age to form a binding contract with us.
REQUIREMENTS TO PLAY
In order to play Coda Quest, you must have:
• an account;
• a Windows computer, Mac, or mobile device that meets or exceeds the system requirements; and
• Internet access.
We do not guarantee that Coda Quest will be compatible or operate with your computer, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access or play Coda Quest. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Coda Quest. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of Coda Quest and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.
Your Account. You must have an account to play Coda Quest. When you create an account, you may have the option to select a unique username. Your username must be appropriate and not offensive. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.
This account is personal to you and you may not share it or allow any other person to utilize your account. You are responsible for all activities that occur under your account. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
Storing Credentials. Coda Quest may allow you to store your login credentials in the game so that you can be automatically logged in each time you access Coda Quest. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your Coda Quest account. You are responsible for our damages resulting from unauthorized access to Coda Quest from your account and we will have no liability for your damages or loss related to such unauthorized access or use.
CODE OF CONDUCT
Communication. You are responsible for how you express yourself when communicating with other Coda Quest players. Do not use language that is offensive or vulgar. Hate speech and discriminatory language is not allowed. Do not threaten or harass other Coda Quest players.
Cheating. You are responsible for how you and your account are represented in Coda Quest. We consider cheating to be using software that changes gameplay, exploiting bugs, degrading the gameplay experience for other Coda Quest players, and engaging in activity that gives you an unfair advantage.
REMOVAL OF ACCESS
We have the right at all times and without notice to you to review and audit your access and use of Coda Quest and your compliance with the terms of this EULA. We may suspend or terminate your Coda Quest account and your access to Coda Quest at our sole discretion and without liability to you if we believe you have violated the terms of this EULA.
Grant of License. Subject to your compliance with this EULA, we grant to you a non-exclusive, non-transferable, limited right and license to install and use one copy of Coda Quest for your own personal, non-commercial use.
License Conditions. You agree that you will not:
• copy or reproduce, translate, reverse engineer, decompile, disassemble, derive source code from, modify, or create derivative works based on or related to Coda Quest;
• make more copies of Coda Quest than specified in this EULA or publish Coda Quest for others to copy;
• rent, lease, or lend Coda Quest;
• use Coda Quest for commercial purposes;
• use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of Coda Quest or the services or networks connected to Coda Quest, or take any other action that interferes with another person’s use of Coda Quest;
• create, use, offer, advertise, make available, or distribute cheats, bots, hacks, or any code or software that we do not authorize that can be used in connection with Coda Quest which changes or facilitates gameplay;
• use software that mines or harvests information from or stored in Coda Quest;
• introduce into Coda Quest any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, or software routines or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm Coda Quest, or perform any such actions;
• use Coda Quest in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
• transfer your rights to use Coda Quest; or
• use Coda Quest to violate any applicable law or regulation.
The quality and availability of Coda Quest may be affected by factors outside of our control because Coda Quest is provided over the Internet. We will not be liable for damages or losses related to Coda Quest being unavailable.
CHANGES TO CODA QUEST
We may discontinue or alter any aspect of Coda Quest, remove Content from Coda Quest, restrict the time Coda Quest is available, install bug fixes, updates, patches, and other upgrades to Coda Quest, and restrict the amount of use permitted at our sole discretion and without notice or liability. Your only remedy is to discontinue using Coda Quest if you do not want a modification we make to Coda Quest.
You agree that we may install additional software to your computer as part of the Coda Quest installation process and during the term of this EULA. Any additional software installed to your computer during the term of this EULA is subject to the terms and conditions of this EULA.
If applicable, you agree to pay all applicable fees for your access to and use of Coda Quest. You understand that we are not required to refund any amounts you pay to us for the use of Coda Quest for any reason.
We collect, store, and use data collected from you in accordance with our Privacy Notice, located at http://codaquest.com/privacy-policy/. The terms and conditions of the Privacy Notice are incorporated into this EULA.
As between Edcoda and you, any personal information that we collect from you that includes any information that is directly related to a student that is maintained by your school district, your school or by us, as part of the provision of Coda Quest, (“Student Data”) belongs to you and we claim no right, title, or interest in any Student Data that is made available to us. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act.
You understand that we may monitor and record your in-game communications when you use Coda Quest and as a result, you acknowledge and agree that you have no expectation that your in-game communications will be private. We have the right to disclose your communications for any reason and at our sole discretion.
Content. You may have the opportunity to upload and display content on Coda Quest (“User Content”). User Content uploaded or provided through Coda Quest may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in User Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on User Content. Any unauthorized use of User Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. We will not be liable for User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable.
Ownership. We do not claim ownership rights in User Content but by uploading, transmitting, or posting User Content to Coda Quest, you hereby grant to us a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating User Content as part of providing Coda Quest.
Your Responsibilities. You are responsible for User Content and for the consequences and liability related to or connected with User Content and your use of any User Content you access or obtain through Coda Quest. You are responsible for making sure User Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of Coda Quest. We will not export User Content or other information stored in Coda Quest except as required by applicable law, valid government, court order, or any agreement entered into by your school district or your school relating to Coda Quest.
Restrictions. You will not post or upload User Content that:
• violates our, or any third party’s, proprietary or intellectual property, privacy, or publicity rights;
• is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;
• encourages any illegal activity or contains information or content that is illegal;
• is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
• is fraudulent or involves the sale of counterfeit or stolen items;
• is someone else’s personal information; or
• represents an offer to trade or sell drugs, alcohol, tobacco, firearms, or other controlled material.
Edcoda’s Right to Modify and Disclose Content. We do not pre-screen or approve User Content but we may review, modify, remove, and delete User Content at our sole discretion and without notice to you. You agree that you will not make a claim against us as a result of the way we govern or manage User Content.
Feedback. We welcome your comments, feedback, information, or materials regarding Coda Quest or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property when you submit it to us. You irrevocably assign to us all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use your Feedback on an unrestricted basis. You hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
OWNERSHIP AND INTELLECTUAL PROPERTY
Coda Quest is licensed, not sold. All images, trademarks, service marks, and logos displayed in Coda Quest and all accounts, features, and components of Coda Quest are our property. Third party materials in Coda Quest are licensed to us and these third parties may enforce their ownership rights against you if you violate the terms of this EULA. Coda Quest is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party.
All User Representations. You represent and warrant that:
• you are over the age of 18, have a parent’s consent to access and use Coda Quest, or otherwise have the power and authority to enter into and perform your obligations under this EULA;
• all information provided by you is truthful, accurate and complete;
• you will comply with the terms and conditions of this EULA and any other agreement that is related to your use of Coda Quest, User Content, Feedback, or any part thereof;
• you have provided and will maintain accurate and complete account information;
• immediately notify us in the event you learn of or have reason to suspect any unauthorized use of your account or other breach of security;
• you will not use Coda Quest in order to gain competitive intelligence about us, Coda Quest, or to otherwise compete with us.
Feedback. In the event you provide any Feedback to us, you make the following additional representations and warranties:
• you are owner of such Feedback or have the right to grant to us the licenses or assignments granted pursuant to this EULA;
• you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments;
• the Feedback does not violate the rights of any third party;
• the Feedback does not contain any personally identifiable information about third parties;
• the use of any Feedback will not result in harm or personal injury to any third party; and
• all factual information contained in the Feedback is true and accurate.
Errors and Availability. We use reasonable efforts to maintain Coda Quest, but we are not responsible for any defects or failures associated with Coda Quest, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. Coda Quest may be inaccessible or inoperable at any time and for any reason.
Disclaimers of Warranty. To the full extent allowed under applicable law, we expressly disclaim all warranties, express, implied or otherwise, including, without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that Coda Quest will be malware or virus free. We do not warrant and specifically disclaim any representations that Coda Quest will meet your requirements, that access to or operation or use of Coda Quest will be uninterrupted or error free, that defects in Coda Quest, if any, will be corrected, or that results will be timely, accurate, adequate or complete. Coda Quest is provided “as is” and “as available” and we do not guarantee Coda Quest’s availability or uptime.
LIMITATION OF LIABILITY
To the extent permitted by law:
• under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages; and
• our total liability for any claims under this EULA, including for any implied warranties, is limited to the amount you paid to us to access and use Coda Quest.
The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of Coda Quest, your breach or alleged breach of this EULA, your unauthorized use of User Content, unauthorized use of your Coda Quest account, or your violation of any rights of any other person.
TERM AND TERMINATION
This EULA is effective until you or Edcoda terminates it. You may terminate this EULA at any time by discontinuing your use of Coda Quest. We may terminate this EULA at any time and for any reason without prior notice to you, and accordingly, we may deny you access to Coda Quest and discard any Feedback you provide. Termination of this EULA will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this EULA, you must terminate all use of Coda Quest and any information or materials that have been provided to you. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this EULA.
You can contact us through Coda Quest or by email. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by email or through posting notices to your account. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. Send a written notification to us by certified and registered mail to 105 E 5th Street, #302, Kansas City, MO 64106 if you do not want to receive legal notices electronically.
GOVERNING LAW AND EXCLUSIVE FORUM
This EULA will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Missouri, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this EULA will be in any court located in or having jurisdiction over Jackson County, Missouri. You irrevocably submit and consent to the personal jurisdiction of such courts.
COMPLIANCE WITH NON-US LAW
We do not make any representation that Coda Quest, User Content, or other material or information provided through Coda Quest is appropriate to or available in locations outside of the United States. You may not use Coda Quest or export User Content in violation of United States export laws, regulations, or restrictions. If you access Coda Quest from outside of the United States, you are responsible for compliance with all applicable laws.
You agree that breach of the provisions of this EULA would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. We have the right to enforce the provisions of this EULA by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this EULA.
This EULA controls the relationship between Edcoda and you. This EULA does not create any third party beneficiary rights.
Our failure to enforce the provisions of this EULA does not constitute a waiver of our right to enforce them.
If any term or provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this EULA will remain in full force and effect, and the invalid, illegal, or unenforceable term or provision will not be considered to be part of this EULA.
You may not assign, transfer, delegate, or sell (voluntarily or by operation of law) your rights or obligations under this EULA without our prior written consent. Any assignment without our consent will be void and will be a breach of this EULA. We may assign this EULA or delegate or subcontract our obligations under this EULA at any time.
The provisions of this EULA that by their content are intended to survive the expiration or termination of this EULA, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this EULA, will survive the expiration or termination of this EULA for their full statutory period.
If there is a conflict between this EULA and any additional policies, disclaimers, guidelines, or rules of specific application, the additional policies, disclaimers, guidelines, or rules of specific application will control.
CHANGES TO THIS EULA
We reserve the right to change, modify, add, or remove portions of this EULA at any time without prior notice. We will notify you of any changes to this EULA by sending you a communication through Coda Quest. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified EULA you should immediately discontinue your use of Coda Quest.
Coda Quest is designed and operated by Edcoda, LLC. All inquiries may be directed to:
4328 Madison Ave, Suite #214
Kansas City, MO 64111