Yale Center for Health & Learning Games: smokeSCREEN™ Game Site

Terms of Use

Please read these Terms of Use (the “Terms”) carefully before accessing or participating in the smokeSCREEN™ game site, which is made available via: https://user.p2p-games.org/login (the “Website”). The Terms are an enforceable agreement between Yale University (“Yale”) and you, the user of the Website, whether you are an educator, school administrator, or other individual or organization. Terms such as “we”, “our” and “us” refer to Yale University. By using and accessing the Website, you acknowledge that you have read the Terms and agree to be bound by and comply with them. If you do not agree to be bound by and comply with the Terms, you are not authorized to use the Website. Yale reserves the right to modify the Terms at any time in its sole discretion and will publish notice of any such modifications on this Website. Any modified Terms are effective immediately upon posting. By continuing to access the Website after Yale posts notification of modified Terms, you agree to be bound by and comply with them. If you do not agree to the Terms, please do not enter the Website. If you are not yet eighteen years of age, a parent or guardian may agree to be bound by the Terms on your behalf.

Nothing in the Terms overrides the application of other rules and policies of Yale or other agreements between you and Yale. Please note that the Website is intended for users in the United States.

Trademark Notice

The names, marks, logos, seals, devices and designs associated with Yale University and the Yale Center for Health & Learning Games, including, but not limited to, smokeSCREEN™, are trademarks and service marks of Yale or its affiliates (collectively, “Yale Trademarks”). All other trademarks or service marks appearing on the Website are the trademarks, service marks, or logos of their respective owners. No trademark or service mark appearing on the Website may be used without the prior written consent of the mark’s owner. You may not use Yale Trademarks without valid, written authorization from Yale. Additionally, you may not use Yale Trademarks in any manner that (a) will likely cause confusion about the source of any product or service or (b) falsely implies or represents that Yale sponsors, endorses, or is affiliated with any third-party activity. You may not register any domain names containing any Yale Trademarks without Yale’s prior written consent in each case.

Use of the Website - Code of Conduct

You agree not to use the Website or any other Yale computing resources to engage in any of the following conduct. Such conduct is unacceptable and may result in the termination of your use of the Website.

  • Interfering with the operation of the Website, or, restricting, disrupting or inhibiting any other user from using the Website;

  • Transmitting any unlawful, fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful material or information of any kind;

  • Transmitting any advertisement, promotion, or solicitation of goods or services for commercial or partisan political purposes;

  • Transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component that may compromise the security of the Website;

  • Transmitting or otherwise using materials in violation of another party’s copyright, privacy, publicity or other proprietary right, or the terms of any contractual agreement or fiduciary relationship;

  • Using the Website for any commercial, partisan political or unlawful purposes;

  • Copying, scraping, downloading, exporting, storing or otherwise capturing any data obtained via the Website without proper written authorization by Yale;

  • Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website;

  • Accessing or attempting to access any portion of the Website to which you have not been explicitly granted access;

  • Directly or indirectly authorizing anyone else to take actions prohibited in this section; or

  • Otherwise using the Website or any information and content available on or through the Website in violation of the Terms or applicable law.

Use of Password-Protected Areas

Certain sections of the Website are protected by usernames and passwords generated on an anonymous basis. You are responsible for all uses of your username and password to gain access to the Website. Yale may terminate such access by you to the Website at any time, without notice, for conduct that Yale believes violates the Terms or other applicable policies, rules or regulations of Yale.

Links to Yale’s Site

You may not create links to the Website from any website with content that is fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party (directly or indirectly), or otherwise give rise to liability, violate any law or falsely imply Yale’s sponsorship, endorsement or approval of your or another party’s site or activities. Additionally, Yale, in its sole discretion, has the right to require that you remove links to the Website.

Links to Third-Party Sites

As a courtesy, the Website may contain links to websites controlled by third parties. Yale is not responsible for these third-party sites or their content, activities or privacy practices. The inclusion of links on the Website does not imply Yale’s endorsement of the linked web sites, their content, or any associated organization or activity. Yale makes no representation or warranty whatsoever about the nature of the linked sites. You should read the privacy policies and terms of use that govern your use of other sites before accessing and using their services.

Copyright Information

© Yale University 2018. All Rights Reserved.

In consideration for your agreement to the Terms, where authorized, Yale grants you a limited, personal, non-exclusive, non-transferable license to view, access and use the Website. You may not copy, reproduce, retransmit, distribute, publish, exploit or otherwise use any information or content on the Website unless permission to do so is specifically granted by Yale.

Copyright Complaints

Yale intends that all information and content on the Website respect the copyright and other proprietary rights of third parties. With respect to any copyrighted material owned by third parties, Yale has obtained permission to use such content from the copyright owner or has proceeded with use in reliance on the doctrine of fair use provided under U.S. copyright law. If you believe that any material posted on the Website infringes your copyright, we urge you to submit notice to the Yale Center for Health & Learning Games at: smokescreen@yale.edu with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) the URL of the location containing the material that you claim is infringing; and (c) your address, telephone number, and email address. We will promptly remove any material that is determined to be infringing upon the rights of others.

Disclaimers of Warranties

The Website and any information and content available on or through any of them are provided “as is” and “as available.” Yale does not warrant that the Website or any such information or content will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in such information and content. Yale makes no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement thereof, including user content, or of any information or content available through links to other websites. Yale reserves the right to correct any errors or omissions in the Website. If you rely on any information and/or content available on or through the Website, you do so entirely at your own risk.

You specifically acknowledge that Yale is not liable for the defamatory, offensive or illegal conduct of other users or third parties, and that the risk of injury from this type of conduct rests entirely with you. Your sole remedy for dissatisfaction with the Website or any information and/or content available on or through them is to stop using the Website and/or those information and content.

To the maximum extent permitted under law, Yale disclaims all express or implied warranties with respect to the Website and any information and content that are available on or through them, including without limitation, any warranty of merchantability, fitness for a particular purpose (even if that purpose has been disclosed) and non-infringement.

Although Yale intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other malicious code to the Website, Yale does not guarantee or warrant that the Website, or any information and content that may be available on or through them, are free from such destructive features. Yale is not liable for any damages or harm attributable to such features. It is up to you to take any and all precautions to ensure that the information and content you access and use from the Website or any hyperlinked website is free of such items of a destructive nature.

Limitation of Liability

Yale and its officers, trustees, employees, representatives and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in the Website or any information or content available on or through the them, including loss or injury that results from your breach of any provision of the Terms. 

Under no circumstances will Yale or its officers, trustees, employees, representatives or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including, but not limited to, procurement of substituted services or materials; loss of use, data, revenues or profits; or business interruption) arising in any way out of or in connection with your use of the Website or any information or content available on or through the them or the Terms, however caused and regardless of the theory of liability, whether in tort (including negligence of any kind), contract, statutory, or any other legal or equitable theory, even if advised of the possibility of such damages. 

Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify, defend, and hold Yale and its officers, trustees, employees, representatives and agents harmless from and against any and all third-party claims, liabilities, losses, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from:

  1. your breach of the Terms;

  2. your violation of the Code of Conduct (as set forth above); or

  3. your activities in connection with the Website. 

Yale reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide Yale with whatever cooperation it reasonably requests.

General

The Terms are the complete agreement between you and Yale regarding the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between you and Yale regarding such subject matter are expressly canceled. We may terminate this agreement at any time for any reason. If you breach any of the Terms, your license to access and use the Website, including all information and content available on or through them, terminates immediately. Upon such termination, you must stop using the Website, including all information and content available on or through the them, and return or destroy all copies, including electronic copies, thereof in your possession or control. Any heading, caption, or paragraph title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained within the Terms. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this agreement. In the event of termination hereunder, you shall have a continuing obligation thereafter to comply with any provision of the Terms that by its sense and context is intended to survive termination.

Choice of Law/Forum Selection

You agree that any dispute arising out of or relating to the Terms, the Website or any information and content available on or through them, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Connecticut, excluding its conflicts of law provisions. You irrevocably agree to bring any claim or dispute relating to your use of the Website or any information and content available on or through them, and the Terms exclusively in the applicable state courts located in New Haven County, Connecticut or the United States District Court for the District of Connecticut (sitting in New Haven), to submit to the exclusive jurisdiction of those courts, and to waive any objections based on jurisdiction, venue, or inconvenience of the forum. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. If a court determines that any provision of the Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

Questions

If you have questions relating to the Website, you may email us at smokescreen@yale.edu. Please understand that, due to the volume of communications we receive, we may not be able to respond to all questions.

These Terms of Use were last updated in December 2018.