Terms of Use 

Fathomd, Inc. (“Fathomd”) provides services subject to the following Terms of Use, which may be updated without any notice. By accessing Fathomd platform and playing games, you accept, without limitation or qualification, these Terms of Use.

Services

Fathomd designs and distributes games for educational and teaching purposes only. Fathomd may add additional features to the current platform, change or eliminate features, change nomenclature, and make other changes at any time, which will be subject to these Terms of Use. You acknowledge and agree that the services are provided “AS IS” and that Fathomd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. In order to use the platform and play the games, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the platform may include certain communications from Fathomd, including pre-work assignments, cases, game details and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of seeing them or, receiving emails.

Use of ServiceS

Fathomd reserves all rights to its games, designs, and related documents. Subject to the Terms, Fathomd grants you a limited license to access games of Fathomd for the sole purpose of playing for personal educational purposes or, in the event you are an instructor, your class educational purposes and syllabus.

Registration Obligations

When you register to the platform, you must create a user account (“Account”). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure.

Third Party Content and Services

Our platform may contain links to internet sites and services maintained by third parties or, their games on the platform. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. This Agreement only applies to Fathomd platform.

Interaction With Other Users

You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the platform; provided, however, that Fathomd reserves the right, but has no obligation, to intercede in such disputes. You agree that Fathomd will not be responsible for any liabilities incurred as the result of such interaction.

Copyright and patent

You acknowledge that Fathomd platform and games, any underlying technology used in connection with www.fathomd.com or, the Fathomd platform, and all software, material, information, analytics, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Fathomd platform are provided by Fathomd or third-party providers and are the copyrighted works of Fathomd and/or such third parties. Fathomd’s US Patent Publication secures the method and system for creating computer-based multi-user interactive environments having automatically validated rules. Except as expressly authorized by Fathomd or, such third parties in this Terms of Use or, as may be posted on the platform, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the games, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Fathomd in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server. Use of the platform for purposes of competitive intelligence is strictly prohibited and a violation of these Terms. If you access the platform and replicate on a competitive service any of the platform’s features, any portion of the user interface, or any other intellectual property displayed on the platform, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by your competitive service after the date material was copied from the platform.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE FATHOMD PLATFORM IS AT YOUR OWN RISK, AND FATHOMD PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FATHOMD EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FATHOMD MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) FATHOMD WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF FATHOMD PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FATHOMD PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE FATHOMD PLATFORM WILL BE CORRECTED. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. FATHOMD MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF GAMES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FATHOMD WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification

You agree to indemnify and hold Fathomd, affiliates, officers, employees, agents, partners and licensors (collectively the “Fathomd Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Third Party Content; (b) your use of, or inability to use, the Fathomd Platform; (c) your violation of the Terms of Use; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. Fathomd reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fathomd in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or access to the Fathomd Platform.

Trademark Notice

You are prohibited from using any of the marks or logos appearing throughout the platform without permission from owner, except as permitted by applicable law.

Modifications to the Service

Fathomd reserves the right at any time to modify or discontinue, temporarily or permanently, the Fathomd Platform, games or related services with or without notice. You agree that Fathomd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.

Termination

You may discontinue your participation in and access to the platform at any time. The Terms of Use will continue to apply to all past use, even if you are no longer using them. You acknowledge and agree that Fathomd may terminate or block your use of all or part of the platform without prior notice for any reason, including, without limitation, if Fathomd believes you have engaged in conduct prohibited by this Terms of Use. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the platform and may bar your access.

General

Fathomd website (“the Site”) is run by Fathomd, Inc. (“Fathomd “) and provides information regarding Fathomd, its products, games and services that it provides (“the Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). By accessing the Fathomd platform, you agree to the above stated Terms of Use. This Agreement is entered into in the State of Delaware and shall be construed in accordance with the laws of the State of Delaware exclusive of its choice of law rules. Each party to this Terms of Use submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Delaware, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any provisions of this Terms of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect. This Terms of Use and any posted guidelines or rules applicable to certain services within Fathomd constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the Terms of Use to info@fathomd.com. Fathomd reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.