Athlon, Inc. Terms of Service
Last updated: September 1, 2023
Welcome to Athlon! These are the terms and conditions (“Terms”) that apply to your use of the Athlon, Inc. website at www.athlon.fun, our mobile applications, and online services (collectively, the “Platform”), and any other websites, applications, and online services that link to this policy, (collectively, with the Platform, the “Services”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Changes to These Terms and Conditions and to the Services
We may amend these Terms from time to time. The most current version will always be here. If we believe an amendment is material, we will notify you by emailing the email address you provided to us, if you have provided one. By continuing to access or use the Services after an amendment becomes effective, you agree to be bound by the amended Terms. We may change the functionality of the Services, or stop offering the Services altogether, at any time and without notice to you.
Our Rights and Our License to You
The games, assessments, images, video, audio and text, and any other information available through the Services, are considered Content, and all Content and other intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) is owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of Athlon and/or such third-party owner, as applicable. All Content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
Subject to the terms of third party licenses, we grant you a royalty-free, non-exclusive, non-transferrable, license to view, download and use our Content, view and make copies of relevant documents, pages, images, or other materials on the Services and to transmit and perform such materials, provided that all such use is made in K-12 educational settings or for non-commercial purposes within the United States.
You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Content or the Services, or any portion of the Content or Services, for any public or commercial use without our express written consent. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services), and (ii) will not make any other modifications to any documents obtained from this other than in connection with completing information required for your use of the Services.
Eligibility and Registration
Our Services are not offered directly to students on any basis. Educational Institutions or teachers who are at least 18 years of age, must first sign up for primary accounts, and then invite students to use Athlon through Student Accounts. If we learn that a student of any age has created a primary account, that account will be deleted. For children under 13, we require Educational Institutions or teachers to obtain direct parent consent, and we act as a processor for such Educational Institution or teacher.
You agree to provide true, accurate, current, and complete information about yourself and the users of your Sub-Accounts as prompted by the Services registration forms (such information, being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and all Sub-Accounts and refuse to offer you any further current or future use of the Services.
You are responsible for maintaining the security of your account and data. Any account name, password, or user ID supplied to you in connection with the Services is personal to you and the members of your household, and you may not transfer or make available your account name, password, or user ID to others. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You are entirely responsible for any actions that are taken using your login information or credentials, even if they are obtained illegally by someone (such as a hacker) or if you disclose them by accident. You must notify us immediately of any unauthorized uses of your data, your account, your Sub-Accounts, or any other breaches of security. You are fully responsible for all activities that occur under your account and your Sub-Accounts. If you share any of this information, we reserve the right to cancel your registration. For fee based services, sharing this information may result in the cancellation of your account without a refund as well as in the imposition of additional charges based on your unauthorized use.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions.
Fee Based Services, Credits
Some Services may be offered to you on a fee basis. All fees are quoted and must be paid in U.S Dollars. If you elect to purchase fee-based Services and transmit to Athlon a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to Athlon, or any third party designated by Athlon, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur.
You may also receive the ability to use some of the Services for free for a defined period of time or for a certain quantity of usage or otherwise subject to certain restrictions further described in the Platform. Upon the expiration of the time for free usage or otherwise upon the end of the free usage period, Athlon may turn off or otherwise restrict use of any or all free portions of the Services. The terms of the offering of any portion of the Services for free may change from time to time without any notice.
Any information which is submitted to public areas of the Services, including the online forum or any client testimonials, and any information not containing personally identifiable information, which you post on the Platform or submit through the Services including any reviews, feedback, questions, suggestions, suggested additions to our question bank or to other parts of our Content (“Your Content”) will be treated as described below.
You represent and warrant that: (i) you own Your Content or that you otherwise have the right to grant us the licenses and rights to Your Content as are described below; (ii) that the posting, submission or use of Your Content does not violate the privacy rights, publicity rights, copyright, contract rights, intellectual property rights, creative commons license, or any other rights of any person, and (iii) the posting, submission or use of Your Content does not result in a breach of contract between you and a third party.
You agree that you are entirely responsible for the composition of, and any costs or damages resulting from Your Content.
You also grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content in any and all media and via any and all distribution methods (now known or later developed), and to use Your Content in any way we may decide in our sole discretion and without any consideration to you.
You waive any rights you may have regarding our altering or manipulating Your Content in any way that may be objectionable to you. We reserve the right, in our sole discretion, to refuse to accept, post, display, or transmit any or all parts of Your Content.
By allowing your child’s Educational Institution or Teacher to create a Student Account for your child, you agree to receive potential occasional emails on your child’s progress, as well as on ways to improve learning.
Athlon asks others to respect its intellectual property rights, and we accordingly respect the intellectual property rights of others. If you believe that any Content on the Services violates your copyright, you are encouraged to notify Athlon in accordance with the Athlon Digital Millennium Copyright Act (“DMCA”) Policy, which is set forth below. Athlon will respond to all such notices, including by removing the infringing content, as required or appropriate.
Any notification of copyright infringement that you send us request must include all of the following.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing direct URLs to each set in the body of an email is the best way to help us locate content quickly.
Contact information, such as your name, address, telephone number and, if available, email address; and
A statement by you: (a) that you believe in good faith that the use of the content that you claim infringes a copyright is not authorized by law, or by the copyright owner or the owner’s agent; and (b) under penalty of perjury, that all of the information contained in your infringement notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If sending by email:
If sending by mail:
Attention: Athlon, Inc. Legal Department
143A Church St NW, Vienna, VA 22180
Third Party Links
SERVICES “AS IS”: DISCLAIMER OF WARRANTIES
You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Athlon does not warrant the accuracy, adequacy, or completeness of this information and materials and expressly disclaims liability for errors or omissions in them. We make no warranties or representations that: (i) information on the Services is accurate or complete; (ii) the functions contained in the Services will be uninterrupted or error-free; (iii) that any messages you send through the Services will be delivered; or that (iv) your access or use of the Services will not result in any harm to your computer system, loss of data, or other harm.
Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You agree to indemnify and hold harmless, Athlon, our partners, affiliated companies, representatives, customer and licensors (including in each case their officers, directors employees and agents) (the “Indemnified Parties” and each an “Indemnified Party”) (from any losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from any claims relating to your use of the Services, your breach of these Terms, any information provided by you or any communication or transaction between you and another user of the Services. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
LIMITATION OF LIABILITY
YOU AGREE THAT ATHLON OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES OR LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM (INCLUDING CLAIMS FOR BREACH OF CONTRACT, NEGLIGENCE OR TORT) RELATING DIRECTLY OR INDIRECTLY TO THESE TERMS AND CONDITIONS OR THE SERVICES. EVEN IF YOU HAVE NOTIFIED US ABOUT POTENTIAL DAMAGES, LOSSES, OR EXPENSES, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL OR THE COST OF SUBSTITUTE GOODS.
WE WILL NOT BE LIABLE IN ANY WAY FOR INTERRUPTION TO YOUR CLASSES, YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES OR CHANGES WE MAKE TO THE SERVICES OR OUR DECISION TO STOP PROVIDING THE SERVICES.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
The provisions of this Section apply up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the limitation of some liabilities in some circumstances, and as a result the contents of this Section may not apply to you. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
Legal Notices and Jurisdiction
If we need to contact you in connection with these Terms or your use of the Services, we will send any notices to the email address you last provided when you registered for use of the Services. We will also post general legal notices through the Services. You can send legal notices to us at firstname.lastname@example.org
Any claims related to the Services or these Terms brought by you or by us will be resolved under the laws of the state of Delaware (excluding choice of law principles) and must be brought in an appropriate court in that state. Both you and Athlon agree to the jurisdiction of Delaware courts, and neither of us may object to having claims brought against us in Delaware on the grounds that it is not convenient.
We will cancel your account upon your written request, unless your account is provided through an agreement that we have with have with another party, such as an Educational Institution. Please send all cancellation requests to email@example.com. After you have cancelled your account, you will have no right to access information generated under your account through the Platform. We may suspend or terminate your account at any time, in our sole discretion. This is especially likely if you violate these Terms, fail to log in for an extended period of time or abuse the Services or other users. Only teachers or representatives of an Educational Institution may establish an account to use our Platform. If we become aware that a student has established an account, we will terminate the account.
Access from Overseas
We make no representation that the Services are appropriate or available for use in locations other than the United States and accessing the Services from outside the United States or territories where the Services are illegal is prohibited.
No Class Actions
You may only resolve disputes with Athlon on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.