Ditch Wizard – The Mathstronaut
LAST MODIFIED ON March 5th, 2020
If you are not of legal age to form a binding contract (usually this means 18 years old), then you must have your parent or guardian read this Agreement and agree to them for you, before you use the Mathstronaut game or website, or provide any information to us. Remember, you should always get an adult’s permission before going online and using any games, apps, or websites.
Please read it carefully.
Acceptance of Terms
By continuing to use the Service, you agree as follows:You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You represent and warrant that you are of legal age to form a binding contract, or, if you’re still a minor, you’ve received your parent’s or guardian’s permission to use the Service and your parent or guardian is agreeing to this Agreement on your behalf.
You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Ditch Wizard from time to time; and
You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Ditch Wizard’s License to You
Ditch Wizard grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part of the Service or updates (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Messages from Ditch Wizard
You understand that you may receive business-related communications from Ditch Wizard through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Email messages will be accompanied by instructions for opting out.
Ditch Wizard may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Ditch Wizard is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Ditch Wizard under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Ditch Wizard will be and remain the sole property of Ditch Wizard and will be subject to the terms and conditions of this Agreement.
Ditch Wizard customer support may be reached by contacting us at email@example.com. You agree that you will look solely to Ditch Wizard in connection with Support Services.
Modification, Termination, and Monitoring of the Service
Ditch Wizard may modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Ditch Wizard will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Ditch Wizard may monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Ditch Wizard or between you and other parties.
Ditch Wizard and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Ditch Wizard does not control the Linked Services, and Ditch Wizard and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Ditch Wizard has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Ditch Wizard cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Ditch Wizard or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
Trademarks and Copyrights
The Service is owned by Ditch Wizard and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Ditch Wizard. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Ditch Wizard or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Ditch Wizard. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following physical or email address: 12655 W Jefferson Blvd. Los Angeles CA 90066
Or by email at: firstname.lastname@example.org
Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Ditch Wizard on an as-is basis. Ditch Wizard expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Ditch Wizard makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Ditch Wizard, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.To the maximum extent permitted by applicable law, neither Apple, Google, or any other platform from which you downloaded the Service is a party to this Agreement or your purchase or license of the Service. None of the foregoing entities make any warranties, or assume any obligations whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or expenses from the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
You expressly understand and agree that Ditch Wizard is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Ditch Wizard has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ditch Wizard and its affiliates will be limited to the fullest extent permitted by law.
You agree to indemnify and hold Ditch Wizard and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Ditch Wizard or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
Your Personal Information
Disclosures Required by Law
necessary to satisfy any applicable law, regulation, legal process, or governmental request. Ditch Wizard may fully cooperate with any law enforcement authorities or court order requesting or directing Ditch Wizard to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Ditch Wizard harmless from any claims resulting from any action taken by Ditch Wizard during or as a result of its investigations or from any actions taken as a consequence of investigations by either Ditch Wizard or law enforcement authorities.
Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Ditch Wizard, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Ditch Wizard, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND DITCH WIZARD AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to email@example.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Los Angeles, California, unless the parties agree to video, phone, or Internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Ditch Wizard will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Nothwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DITCH WIZARD WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Ditch Wizard agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
Agreement Revisions. This Agreement may only be revised in writing by Ditch Wizard, or by Ditch Wizard’s publication of a new version on the Service.
Force Majeure. Ditch Wizard is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Ditch Wizard, including any failure to perform hereunder due to unforeseen circumstances or cause beyond Ditch Wizard’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ditch Wizard as a result of this Agreement or your use of the Service.
Assignment. Ditch Wizard may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Ditch Wizard’s prior written consent, and any unauthorized assignment by you will be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Ditch Wizard would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Ditch Wizard with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Ditch Wizard with respect to the Service.