Code of Honor
I will not receive unauthorized aid in playing the game;
I will not make game decisions, data, materials and screenshots available to anyone other than my teammates and instructor; and
I will report Honor Code violations to my instructor; and/or Marketplace Simulations.
Agreement between the user and Marketplace Simulations
Welcome to the Marketplace Simulations website. Innovative Learning Solutions, Inc. DBA Marketplace Simulations (referred to in these Terms of Service as “Marketplace Simulations,” “we,” or “us”) operates a number of web sites (each a "Site" and, collectively, the “Sites”), including the web pages located on the following domains:
Marketplace Simulations offers several learning applications (the “Learning Tools” or the “Games”) on the Sites. These Learning Tools include Marketplace® business simulation, Marketplace Live® business simulation, Global Business Game, Retail Management Game, Roman History Game, and Marketplace Microsimulations® that are hosted on the Sites.
Marketplace Simulations requires you to use a modern web browser in order to access or use the Sites or the Learning Tools. For purposes of the preceding sentence, a “modern web browser” is defined as the two most recent versions of the following web browsers: Google Chrome, Internet Explorer, Edge, Safari, Firefox, Opera, and Android Browser.
Marketplace Simulations does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use the Site only with permission of a parent or guardian.
Marketplace Simulations reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Marketplace Simulations encourages you to periodically review the Terms to stay informed of our updates.
1. Payment of license fee
Payment of a license fee is required for each person who participates in the Learning Tools. As a convenience to the participants and instructor, the total cost of using the software is broken down into a per-person fee or per-team fee. Every person on a team must purchase the legal right to participate in any of the Learning Tools.
You have no authorization to resell the license unless specifically permitted by Marketplace Simulations.
Students' accounts are valid starting upon payment of the license fee and ending eight weeks after the last quarter/period of the Learning Tool. We reserve the right to grant extended access to student accounts on a case by case basis.
3. Conduct on the Site
All students using the Site must agree to abide by the Honor Code. In addition, unless inconsistent with the Honor Code, you may not:
(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
(ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
(iv) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter,
(v) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(vi) restrict or inhibit any other user from using and enjoying the Site;
(vii) provide any information about yourself that is false, inaccurate, outdated, or incomplete (including, without limitation, fake email addresses);
(viii) impersonate or attempt to impersonate Marketplace Simulations, a Marketplace Simulations employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Marketplace Simulations permits the use of screen shots or exported data as specified by professors and when consistent with these Terms and Code of Honor. Your rights to use the intellectual property from the Site is further specified in Section 9, below.
4. Security of passwords
You agree to provide true, accurate, current and complete information about yourself as requested in the registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else's password to access the Service. You are solely responsible for maintaining the confidentiality of your password, and agree that Marketplace Simulations will have no obligations with regard thereto.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Marketplace Simulations is not responsible for third party access to your account that results from theft or misappropriation of your account. Marketplace Simulations and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
5. Return Policy
Please contact our Ordering Department at email@example.com or +1 (865) 522 3167 and indicate your desire to return any unused student license. The unused license can be returned within 60 days of purchase. If a student license is returned, it will be deactivated and it will no longer be valid for participation in any Learning Tool.
6. Links to third party sites/Third party services
The Sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Marketplace Simulations and Marketplace Simulations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Marketplace Simulations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marketplace Simulations of the Site or any association with its operators.
7. Content submitted to the Site
By submitting content for use with, through or on the Site, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; (ii) the content that you submit will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and (iii) the content that you submit is not and will not violate any law, statute, ordinance or regulation.
By submitting content to us, you grant Marketplace Simulations, our affiliates, and our business partners worldwide, royalty-free, nonexclusive license to use, reproduce, publicly perform, publicly display, broadcast, encode, translate, transmit, distribute and synchronize your content, in whole or in part, through any medium.
To the extent permitted by the law applicable to you and without waiving sovereign immunity, you agree to indemnify, defend and hold harmless, Marketplace Simulations and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of the Site and any of the content obtained on or through the Site; (ii) any breach by you of this Terms of Service; and (iii) any other activity by you on or in connection with the Site (including, without limitation, infringement of third parties' intellectual property rights or any other negligent, illegal or wrongful conduct) by you or any other person accessing the Site using your account.
Marketplace Simulations reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Marketplace Simulations in asserting any available defenses.
9. No unlawful or prohibited use, Intellectual Property and user conduct
All content included as part of the Site, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of Marketplace Simulations or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Content displayed through the website contain proprietary and confidential information from which Marketplace Simulations derives economic value. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, if it results in the disclosure of Marketplace Simulations confidential or proprietary information or in a manner inconsistent with fair use of copyright (17 U.S.C § 107). Marketplace Simulations content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
10. International Users
The Site is controlled, operated and administered by Marketplace Simulations from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all laws and regulations governing the use, import, export, re-export and transfer of these services. You agree that you will not use the Marketplace Simulations Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
11. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARKETPLACE SIMULATIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARKETPLACE SIMULATIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MARKETPLACE SIMULATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MARKETPLACE SIMULATIONS’ ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT PAID BY ANY INDIVIDUAL USER FOR AN INDIVIDUAL LICENSE FEE. ALL LIABILITY UNDER THIS AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT.
12. Termination/access restriction
Marketplace Simulations reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Knox County, Tennessee, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Marketplace Simulations as a result of this agreement or use of the Site. Marketplace Simulations' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Marketplace Simulations' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Marketplace Simulations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Marketplace Simulations welcomes your questions or comments regarding the Terms:
Attn: Technical Support
520 W Summit Hill Rd, Suite 701
Knoxville, TN 37902
Email Address: firstname.lastname@example.org
Telephone number: +1 (865) 522 1946
Last update 7/2/2018