The Teachers' Dungeon

An On-Line Educational Fantasy Game

Terms & Conditions of Use

Conditions of Use

Our Contact Information

Privacy Policy

Referral Program

Teacher & Student submitted Convince Me Tutorials

Security

Teachers’ Dungeon Purchase Terms and Conditions

The Teachers' Dungeon Premiere Membership Plans

Return Policy

Teachers’ Dungeon Fundraising Program

e-book Publishing

Bi-Annual Payment Structure for Authors and fundraisers

Conditions of Use

Welcome to TeachersDungeon.com ("TeachersDungeon.com" or the "Site"). The Teachers’ Dungeon, and/or its affiliate ("McCoy Publishing") provide website features to you subject to the following conditions of use ("Conditions of Use").

If you visit or buy memberships or related products at TeachersDungeon.com, you accept these Conditions of Use.

Please read them carefully. In addition, when you use any current or future Teachers’ Dungeon service or business (e.g., Teachers’ Dungeon services, Teachers’ Dungeon Membership, Teachers’ Dungeon down-loadable e-books, Teachers’ Dungeon up-loadable e-book, Teachers’ Dungeon up-loadable tutorials, Teachers’ Dungeon message boards) you will also be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

THE TEACHERS’ DUNGEON SERVICE

The Teachers’ Dungeon Service permits users to purchase proprietary licensed and original content ("Teachers’ Dungeon Service"), including e-books, and monthly or yearly memberships (collectively, "Teachers’ Dungeon Content") through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by The Teachers’ Dungeon, wired and wireless connections, and telephony based networks). You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card or check card to purchase The Teachers’ Dungeon Service.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Teachers’ Dungeon Purchase Terms and Conditions, which govern any purchase you may make from the Site, and the Policy on Teachers’ Dungeon Premier Membership Plans, which governs your enrollment in any Teachers’ Dungeon membership plan. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ELECTRONIC COMMUNICATIONS

When you visit TeachersDungeon.com or send e-mails to us, you are communicating with us electronically. Therefore, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal communication requirements. 

Your consent to electronic agreements is necessary for use of The Teachers’ Dungeon Service. You may withdraw consent by sending The Teachers’ Dungeon an e-mail; however, this will result in the termination of your ability to use The Teachers’ Dungeon Service.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and Teachers’ Dungeon Content, is the property of Teachers’ Dungeon or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of The Teachers’ Dungeon and protected by U.S. and international copyright laws. All software used on this Site is the property of The Teachers’ Dungeon or its software suppliers and protected by United States and international copyright laws.

The Teachers’ Dungeon Referral Program:

1. McCoy Publishing will pay a total of twenty-five percent (25%) referral fee of the net value of services sold in the form of premiere memberships for the educational game entitled, The Teachers’ Dungeon that come as a direct result of a referral. Net value shall exclude any sales tax, refunds, or payments not honored by a financial institution. Subsequent sales of goods or services to the referred customer shall not be subject to a referral fee except where such subsequent purchase is the direct result of a repeat referral.

2. All Referrals are determined when a person signs up for The Teachers' Dungeon and fills in the appropriate box that designates the person who referred them to our game.

3. McCoy Publishing will divide the total of twenty-five percent (25%) referral commission fee between two tiers of referrals.

a. Tier I is the person who directly refers any person who purchases premiere memberships for The Teachers' Dungeon. Tier I will receive a fifteen percent (15%) commission on all premiere memberships sold that are a direct result of his/her referral.

b. Tier II is the person who referred the Tier I Referrer. Tier II will receive a ten percent (10%) commission on all premiere memberships sold that are a direct result of the person he/she referred as a Tier I referrer.

4. Referral payments will only be awarded for classroom and school purchases of 20 seats or more.

5. All persons must be a minimum of 18 years old in order to participate in our Referral program.

6. Referral payments will be made to both Tier I and Tier II Referrers within forty-five (45) business days of each sale provided we already have your Pay Pal account information or your current address.

a. If your email is registered with our company through Pay Pal, all commissions will be processed to your account via Pay Pal.

b. If you are not a member of Pay Pal you will receive a check by mail. We will notify you using the email address provided during your sign-up with The Teachers' Dungeon. This is the same email you will use each time you log into your account with The Teachers’ Dungeon. Referral payments by check will be mailed to both Tier I and Tier II Referrers within forty-five (45) business days of receiving your address.

7. Referral methods for The Teachers’ Dungeon game are at the sole discretion of the referrer. However, in order to solicit sales, the referrer shall not make promises or issue any warranty either expressed or implied pertaining to the services offered by the McCoy Publishing unless authorized in writing by the McCoy Publishing to do so.

8. The relationship between McCoy Publishing and any and all referrers shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the referrer position itself as affiliated to the McCoy Publishing, except as an independent referrer. Any and all taxes are the responsibility of the referrer as an independent contractor.

9. In view of this independent relationship the referrer shall not enter into any agreements on behalf of the McCoy Publishing, shall make no warranty either expressed or implied on behalf of the McCoy Publishing and shall not incur any expenses on behalf of the McCoy Publishing.

10.The referrer agrees not to disclose any confidential information pertaining to the McCoy Publishing’s services nor that of prospective or existing customers to any third party. The referrer may do follow-up enquiries with its referred customers to confirm their purchase and to gather feedback about their experience with the McCoy Publishing’s services as supplied.

11.Either party may terminate this referral agreement at any time by giving the other party ten (10) days prior written notice. Upon termination by either party all outstanding referral fees due to the referrer at that time shall be settled in full within thirty (30) business days.

12.Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this agreement.

13.This agreement constitutes the whole agreement between the parties and any alteration must be in writing and signed by both parties.

All Teacher and/or Student content submitted through The Teachers’ Dungeon website automatically becomes the property of The Teachers’ Dungeon

All content included or uploaded through The Teachers’ Dungeon website, including questions and/or tutorials, automatically becomes the property of Teachers’ Dungeon. The Teachers’ Dungeon holds all copyrights to these questions and tutorials.

The Teachers' Dungeon’s Convince Me Center offers a unique means for teachers, parents, and children to share their strategies for solving problems. Teachers, Parents, and Children across the USA are able to create interactive white board tutorial videos and upload them into our game-play. The Teachers Dungeon has the right to use all “Convince Me Tutorials” within our game-play. By agreeing to our Terms & Conditions, parents &/or guardians consent that their child may upload Convince Me Tutorials to our website, and that we may use those Convince Me Tutorials in our game-play. Furthermore, by agreeing to our Terms & Conditions, parents and/or guardians agree to forfeit all rights to the content included or uploaded through The Teachers’ Dungeon website, including, but not limited to questions and/or tutorials.

TRADEMARKS

The Teachers’ Dungeon, TeachersDungeon.com, TeachersDungeonMember, and other TeachersDungeon.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Teachers’ Dungeon in the U.S. and/or other countries. The Teachers’ Dungeon's trademarks and trade dress may not be used in connection with any product or service that is not Teachers’ Dungeon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Teachers’ Dungeon. All other trademarks not owned by The Teachers’ Dungeon that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Teachers’ Dungeon.

LICENSE AND SITE ACCESS

The Teachers’ Dungeon grants you a limited license to access and make personal use of this Site. You are not allowed to download (other than page caching) or to modify it, or any portion of it, except with express written consent of The Teachers’ Dungeon. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Teachers’ Dungeon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Teachers’ Dungeon without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Teachers’ Dungeon's name or trademarks without the express written consent of The Teachers’ Dungeon. Any unauthorized use terminates the permission or license granted by The Teachers’ Dungeon. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TeachersDungeon.com so long as the link does not portray The Teachers’ Dungeon, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Teachers’ Dungeon logo or other proprietary graphic or trademark as part of the link without express written permission.

HACKING AND SECURITY

We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.

YOUR ACCOUNT

As a registered user of The Teachers’ Dungeon Service, you may receive or establish one or more passwords and accounts ("Teachers’ Dungeon Account"). If you use this Site, you are responsible for maintaining the confidentiality of your Teachers’ Dungeon Account(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your Teachers’ Dungeon Accounts. The Teachers’ Dungeon does not sell products to children, but it sells them to adults, who can purchase them for children with a credit card or other permitted payment method. If you are under 18, you may use TeachersDungeon.com only with involvement of a parent or guardian. Children under the age of 18 will be granted LIMITED use only with the involvement and supervision of their teacher. Teachers who create an account for their students assume responsibility of their students. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree to ensure that all information you provide when registering for the Site or any offerings under The Teachers’ Dungeon Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing Teachers’ Dungeon fees to your credit card.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We may permit visitors to post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. 

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Teachers’ Dungeon and its sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Teachers’ Dungeon for all claims resulting from content you supply. The Teachers’ Dungeon has the right but not the obligation to monitor and edit or remove any activity or content. The Teachers’ Dungeon takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

The Teachers’ Dungeon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

REMOVAL OF The TEACHERS’ DUNGEON CONTENT OR OTHER MATERIALS

We reserve the right to remove or disable access to any Teachers’ Dungeon Content or any other materials posted to or otherwise displayed on the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Teachers’ Dungeon Content or materials under this Agreement.

THE TEACHERS’ DUNGEON SERVICE DESCRIPTIONS

The Teachers’ Dungeon attempts to be as accurate as possible. However, The Teachers’ Dungeon does not warrant that Teachers’ Dungeon Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.

OTHER BUSINESSES

We may offer content from parties other than The Teachers’ Dungeon and may permit parties other than The Teachers’ Dungeon to provide services or sell products on the Site or in connection with The Teachers’ Dungeon Service. We may also provide links on the Site to the websites of affiliated companies and certain other businesses. We publish e-books and tutorials written by third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. The Teachers’ Dungeon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

TERMINATION

The Teachers’ Dungeon may at any time and at its sole discretion terminate your right to use this Site, The Teachers’ Dungeon Service, and/or your Teachers’ Dungeon Account if The Teachers’ Dungeon determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to The Teachers’ Dungeon Service.

TERMINATION OF THE TEACHERS’ DUNGEON SERVICE

Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the Teachers’ Dungeon Service, with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, if you are a member of a Teachers’ Dungeon Plan (as defined in the Policy on Teachers’ Dungeon Premiere Membership Plans) or with respect to any purchase you've made.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE TEACHERS’ DUNGEON SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH TEACHERS’ DUNGEON SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH TEACHERS’ DUNGEON SERVICES AND CONTENT IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR CONTENT GIVING RISE TO THE DAMAGE (IF APPLICABLE), OR (B) TWO HUNDRED FIFTY DOLLARS (US$250). 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting TeachersDungeon.com or using The Teachers’ Dungeon Service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Teachers’ Dungeon.

DISPUTES

Except as otherwise specifically provided in the conditions of use applicable to a Teachers’ Dungeon product or service, any dispute relating in any way to your visit to TeachersDungeon.com or to products or services sold or distributed by The Teachers’ Dungeon or through TeachersDungeon.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $2,500 in any state will be resolved through mediation in Marin County, California, and you consent to exclusive jurisdiction and venue in such mediation.

NOTICES

We may provide notices to you by sending messages to the email address associated with your account and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to the address below or to such other address as we provide in a notice to you or on this Site.

Teachers’ Dungeon

customerservice@teachersdungeon.com

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The Teachers’ Dungeon Purchase Terms and Conditions

In addition to the foregoing Teachers’ Dungeon Site Conditions of Use, the purchase of Teachers’ Dungeon Content on this Site is subject to the following additional Teachers’ Dungeon Purchase Terms and Conditions. By purchasing any Teachers’ Dungeon Content from The Teachers’ Dungeon Site, you agree to be bound by these Teachers’ Dungeon Purchase Terms and Conditions, which are subject to change by The Teachers’ Dungeon at any time, in its sole discretion. Changes to these Teachers’ Dungeon Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these Teachers’ Dungeon Purchase Terms and Conditions.

Purchases of Teachers’ Dungeon Content

Point of Sale Purchases. You may purchase Teachers’ Dungeon Content, such as e-books, on a "Point of Sale" basis. If you purchase Teachers’ Dungeon Content on a " Point of Sale" basis, you pay for the Teachers’ Dungeon Content you select and your credit card is charged at the time you make the purchase. Point of Sale purchases can be made by both members, (as defined in the Policy on Teachers’ Dungeon Premier Membership Plan) and non-members. Details on Teachers’ Dungeon Membership Plans are described in the Policy on Teachers’ Dungeon Premier Membership Plans.

The Teachers' Dungeon Membership Plans

1. Basic Membership Plan

The Teachers' Dungeon offers a FREE BASIC Membership to all teachers, students and parents. The basic membership is free, but limited.

Teachers can set up their classeswith a screenname & password.

Parents can set create an account for themselves and their children.

All students get to answer common core standards based questions and earn crystals for all questions answered correctly.

All students can see how their compare in our Top Ranking Royalty.

All Students can learn from our Convince Me Tutorials!

All Students, whether they are a Basic Member or a Premiere Member have the ability to be link their account to both their Teacher & their Parent’s account.

Premiere Membership Plans:

All our memberships are for a full year and are NON-Reoccurring. In order to maintain your membership, all members must log into our site and reorder their memberships on a yearly basis.

2. Individual Child Premiere Membership

Our individual Memberships include a free Parent Account!

Students with Premier Memberships get to play an Enhanced version of The Teachers' Dungeon:

o Children can use their crystals to save creatures from The Teachers' Dungeon.

o Children can build their castle into a grand palace.

o Children can raise their royalty status to that of king or queen

o Children can earn more points toward Top Ranking Royalty.

o Children can submit Convince Me Tutorials. Note – No child can submit a Convince Me Tutorial unless his/her parent or guardian has created a parent account and electronically signed our terms and conditions agreement!

A Parent Account includes:

o A Game-Play Stats Page where parents can see the percentage of questions answered correctly.

o A Video Page where parents can see all the Convince Me Tutorial Videos submitted by their child!

o The Teachers Dungeon will provide parents with a “Message Center” where parents can see every message ever sent or received by their child.

§ Parents can also review their child’s Game-Play Result

o The Teachers' Dungeon Stats-Page gives a quick overview of how many questions your students got correct and how many questions required a tutorial.

o Our Stats-Page allows parents to see how their child is improving in Language Arts, Mathematics, Social Studies, and Science.

o Our Game-Logic self-adjusts - raising and lowering according to each child’s level of academic ability.

§ All members can participate in our e-Book Publication

o Parents with a passion for writing can publish their works of art in the form of short stories, or novels by submitting their work to our Submissions Editor. McCoy Publishing pays 50% royalties on all e-books sold through our site.

o For more information, see e-book Publishing .

o Children who are gifted writers can also publish short stories, or novels by submitting their work to our Submissions Editor. McCoy Publishing will pay their parents 50% royalties on all e-books sold through our site. It is then the parent or guardians responsibility to disburse allowances to their child.

o For more information, see e-book Publishing .

3. Classroom & School Premiere Membership Plans

Our group Rates for classroom & schools are our best value!

Our Classroom & School Premiere Memberships include a FREE Parent Account for every child in your class!

Every Students within your class or school will get to play the Enhanced version of The Teachers' Dungeon:

o Students can use their crystals to save creatures from The Teachers' Dungeon.

o Students can build their castle into a grand palace.

o Students can raise their royalty status to that of king or queen

o Students can earn more points toward Top Ranking Royalty.

o Students can submit Convince Me Tutorials. Note – No child can submit a Convince Me Tutorial unless his/her parent or guardian has created a parent account and electronically signed our terms and conditions agreement!

Teachers get full access to The Teachers' Dungeon Statistics & Game-Play Adjustments:

o Teachers get a Game-Play Stats Page where they can see the percentage of questions answered correctly.

o Teachers get a Question Page where they can add their own questions & tutorials.

o Teachers get a Homework page where they can modify the game-play to match the educational subject & strand they are teaching in class.

o Teachers get a Video Page where they can see all the Convince Me Tutorial Videos submitted by your students!

Teachers are able to set the Educational Standards that they want their students to practice

o Teacher are given the opportunity modify the game-play, ensuring that their students are working on the concepts that there are teaching in class.

o Review your students Game-Play Result

o The Teachers' Dungeon teacher account allows teachers to offer extra credit to their students in a manner that addresses each student at their individual level of academic ability. Our Game-Logic self-adjusts - raising and lowering according to each student’s level of academic ability.

o The Teachers' Dungeon class-page gives a quick overview of how many questions your students got correct and how many questions required a tutorial.

o The Teachers' Dungeon class-page gives a percentage rating in each of the following subjects: language Arts, mathematics, social studies, and science. All of which can be used in formulating grades.

o Become a Published Author

o Teachers with a passion for writing can publish their works of art in the form of short stories, or novels by submitting their work to our Submissions Editor. McCoy Publishing pays 50% royalties on all e-books sold through our site.

o For more information, see e-book Publishing

o Class Book Fundraisers

o Teachers are given the opportunity to earn extra cash for their classroom by participating in our Class Book Fundraising Program. McCoy Publishing pays 50% royalties on all ebook-Fundraisers sold through our site.

o For more information, see e-book Publishing .

Classroom & School Premiere Memberships also include a FREE Parent Account for every child in your class. A Parent-account includes:

o Parents get a Game-Play Stats Page where they can see the percentage of questions answered correctly by their child.

o Parents get a Message Center where they can see every message ever sent or received by their child.

o Parents get a Video Page where they can see all the Convince Me Tutorial Videos submitted by their child!

Committed Membership Plans. Committed Membership Plans consist of the Individual Child Premiere Membership Plan and the Classrooms & Schools Premiere Membership Plans. For Committed Membership Plans members may receive a gift for joining (such as free Teachers’ Dungeon Crystals and/or a discount on the purchase of Teachers’ Dungeon Content) in exchange for their commitment to remain a member for the period of time specified at the time of enrollment. You must pay the membership fee for your Premire Membership Plan at the time you enroll. By enrolling in the Premiere Membership Plan, you acknowledge that you will not be able to cancel the plan prior to the expiration of the initial term of the plan.

• Trial Offers. The Teachers’ Dungeon may, in its sole discretion, make available free trial offers for a specified period of time. Trial Offers are generally for a short period of time (e.g., 5 days) (the "Trial Period") and are available for free or for a reduced fee. The length and cost of the Trial Offer will be specified at the time of joining. Those who participate in a Trial Offer ("Trial Members") will have the same membership benefits as the related Individual Child Premiere Membership Plan. Upon expiration of the Trial Period, you must join the Individual Child Premiere Membership Plan, or the Classrooms & Schools Premiere Membership Plan, or your account will freeze. Terms of trial offers may vary. Specific details of your trial not covered in this Policy on Teachers’ Dungeon Content Plans will be explained on the web page you are on prior to beginning the sign-up process or as part of the sign-up process.

• Teachers’ Dungeon Plan Prices. Prices of Teachers’ Dungeon Plans are subject to change at any time upon notice from Teachers’ Dungeon via email or posts on our site. Prices of Committed Membership Plans are not subject to change during the initial commitment period.

• Payment. You agree that you will pay timely, and that we may charge your credit card for all fees applicable to your Teachers’ Dungeon Plan and any related additional amounts (including any taxes) as may be accrued in connection with your Teachers’ Dungeon Plan. All Teachers’ Dungeon Plan fees will be billed to the credit card you designated during the registration process. You agree that Teachers’ Dungeon may use all legal means available to collect Teachers’ Dungeon Plan fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.

Cancellation of Teachers’ Dungeon Premiere Membership Plans. Subject to the terms of this Policy on Teachers’ Dungeon Content Plans. All of our Premiere Membership Plans are NON-REOCCURING. YOUR MEMBERSHIP WILL AUTOMATICALLY CANCEL AT THE END OF ITS TERM IF YOU DO NOT RENEW YOUR MEMBERSHIP.

• Trial Offers. Trial Offers will give players access to our premier content only during the Trial Period. If a premier membership is not purchased before the Trial Offer expires, all Game-Play (including Avatar Status, Crystals, Creatures, and Castle Development) will expire.

• Purchase Terms. All purchases you make under any Teachers’ Dungeon Plan are subject to the Teachers Dungeon Purchase Terms and Conditions.

Termination. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Policy on The Teachers’ Dungeon Content Plans or any term or condition of any policy applicable to the Teachers’ Dungeon Service, including the Teachers’ Dungeon Purchase Terms and Conditions and the Teachers’ Dungeon Site Conditions of Use, The Teachers’ Dungeon, at its sole discretion, may (a) terminate your enrollment in any Teachers’ Dungeon Plan and/or your Teachers’ Dungeon Account and you will remain liable for all amounts due under your Teachers’ Dungeon Account up to and including the date of termination; and/or (b) terminate your rights to use any Teachers’ Dungeon Content, the Site, or any Teachers’ Dungeon Software; and/or (c) preclude access to the Teachers’ Dungeon Service (or any part thereof). We will notify you if we take any of the foregoing actions.

Teachers’ Dungeon Content License. When you purchase Teachers’ Dungeon Content, Teachers’ Dungeon grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Teachers’ Dungeon Content to your computer and/or your Teachers’ Dungeon Ready device(s) solely for your personal non-commercial use. You may also copy any of your Teachers’ Dungeon Content onto an iPad, tablet, smart phone, or other tangible media device once. You agree to not otherwise copy, reproduce, distribute or use the Teachers’ Dungeon Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the Teachers’ Dungeon Content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the Teachers’ Dungeon Content, or modify the Teachers’ Dungeon Content or create any derivative works there from. The license to the Teachers’ Dungeon Content you purchase will continue for as long as your copy of Teachers’ Dungeon Content exists pursuant to these Teachers’ Dungeon Purchase Terms and Conditions.

Teachers’ Dungeon Fundraising Program

1. Any school with a classroom or school account is eligible for our Class-Book Fundraising Program.

2. Schools can decide to create a school-wide theme, have all students within a school create a book. Individual classes can create books that are specifically designed to earn money for their classroom.

3. A school-book or class-book is created and uploaded to The Teachers' Dungeon’s website. The Teachers' Dungeon will format the school-book or class-book into a downloadable e-book format.

4. The Teachers' Dungeon will post your school-book or class-book on our e-book page.

5. Teachers are given a redesigned message that they can modify and send out to family & friends.

6. The Teachers' Dungeon pays your school 50% royalties on all the e-book sales from your school-book or class-book.

Fundraising Payments

The Teachers' Dungeon will pay schools according to the bi-annual payment structure:

e-book Publishing

McCoy Publishing utilizes a standard e-book publishing contract for all its authors. This includes individual authors and collaborative authors that create class books, or school books under our School Fundraising Program.

First and foremost, NO CHILD UNDER THE AGE OF 18 IS ALLOWED TO PUBLISH ANY MATERIAL WITH McCoy PUBLISHING THROUGH OUR TEACHERS’ DUNGEON WEBSITE. THEY MAY SUBMIT WORK UNDER THEIR PARENT’S OR GUARDIAN’S NAME. ALL ROYALTY CHECKS WILL BE PAID TO THE PARENT OR GUARDIAN, AND IT WILL BE THEIR RESPONSIBILITY TO PAY ALL TAXES REQUIRED. IT IS UP TO THE PARENT OR GUARDIAN TO DISPURSE ALLOWANCES TO THEIR CHILD.

This e-book publishing contract is made effective at the time of your electronic signature between "McCoy Publishing” for “The Teachers’ Dungeon website", and “every author that completes the electronic signature” by signing these Terms & Conditions. All authors submit work as sole proprietorship and independent contractors with no affiliation to McCoy Publishing or the Teachers Dungeon Website.

In consideration of the mutual premises herein contained, Company and Independent Contractor hereby agree as follows:

This contract is by and between each author who submits an electronic signature, henceforth known as “Author,” and McCoy Publishing, henceforth known as “Publisher,” for the purposes of coming to terms on the electronic publication of “Author’s work”, henceforth known as “e-Book.”

This Agreement is set forth the moment of your electronic submission to our Submissions Editor.

I. Grant of Rights and Territory

Author grants Publisher the following rights to the Book:

• § McCoy Publishing holds the rights to sell an electronic format of the book worldwide.
• § McCoy Publishing holds the right to use any and all parts of the book as questions for The Teachers' Dungeon project. Publisher holds the rights to use any and all parts to the book as descriptions to break down questions and build understanding within its tutorial section of The Teachers' Dungeon project.
• § McCoy Publishing agrees to pay royalties on all electric sales of the book.

II. Manuscript Delivery

Author agrees to deliver Work, including any revisions, to Publisher by the date of submission. The schedule for revisions will be as follows:

Ø Author will create an uploadable PDF format of their book.

Ø Author is responsible for all edits & revisions. Revisions must be completed before final submission.

III. Royalties

McCoy Publishing agrees to pay royalties on net sales (after taxes) according to the following:

§ 50% royalties on all electronic sales.

McCoy Publishing & The Teachers' Dungeon Websites

bi-annual payment structure

• § McCoy Publishing pays royalties on a bi-annual basis. Any author earning over $50.00 in royalties by the June 30^th cut off will be paid on or before August 15^th. Any author earning less than $50.00 will continue to accrue royalties through December 31^st, and be paid in full on or before February 15^th.
• § McCoy publishing pays the money accrued through our Class Book Fundraiser Program on a bi-annual basis. Any school earning over $50.00 in a fundraiser by the June 30^th cut off will be paid on or before August 15^th. Any school earning less than $50.00 will continue to accrue money through The Teachers' Dungeon Fundraising Program through December 31^st, and be paid in full on or before February 15^th.

IV. Copyrights

Author holds all copyrights for their e-books. McCoy Publishing only holds the rights to e-book sales. Should McCoy Publishing add any material in the form of text, graphics, photos, etc., Publisher will retain copyright ownership for that material. Should Author obtain the rights to publish in book form with another publishing company, McCoy Publishing holds the rights to all excerpts, questions, and tutorials for the use of The Teachers' Dungeon game.

IV. Indemnification

Author agrees that {he/she} is the sole creator of the Book, and has not previously published the Book in any other form. Author indemnifies and holds Publisher harmless against any and all claims, actions, demands, etc. arising from the publication of the Book. This includes, but is not limited to, actions involving plagiarism, fraud, and theft.

V. Publication

McCoy Publishing will publish the eBook no later than two weeks after the submitted work is approved by The Teachers' Dungeon’s Submissions Editor, unless unforeseeable events occur, through no fault of the Publisher, that may delay publication. These events include, but are not limited to, crimes against Publisher.

VI. Statements of Account

McCoy Publishing agrees to provide Author with statements of {his/her} account on an annual basis. McCoy Publishing agrees to settle the account annually, within 45-days of December 31^st of each year.

VII. Competing Works

Author has the right to publish other works, during the terms of this contract, that includes any characters, likenesses, or any other material related to the Book mentioned herein.

VIII. Out-of-Print

The e-book shall be considered to be “out of print” if and when Author obtains a book contract with another publishing house that require termination of all other e-book sales. McCoy Publishing holds the rights to all excerpts, questions, and tutorials for the use of The Teachers' Dungeon project indefinitely.

IX. Termination

Other than the provisions set forth in the above section, this Contract may only be terminated under the following conditions:

§ The E-book sale can be terminated by Author at any time with a 60 day written notice submitted by Author.

§ Publisher holds the right to terminate this contract at any time.

This Contract is subject to the laws and regulations of California.

The Teachers' Dungeon bi-annual payment structure for authors & Fundraisers:

• § The Teachers' Dungeon pays individual royalties for authors who publish their books through our site. We also provide publications of, class-book fundraising for schools. All royalties for individual authors or school fundraisers are paid on a bi-annual basis. Any author, class, or school earning over $50.00 in royalties by the June 30^th cut off will be paid on or before August 15^th. Any author, class, or school earning less than $50.00 will continue to accrue royalties through December 31^st, and be paid in full on or before February 15^th.

Pricing. With respect to all Point of Sale purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the Teachers’ Dungeon Content itself, as determined by Teachers’ Dungeon.

Right to Change Prices. Prices of all Teachers’ Dungeon Content are subject to change at any time in The Teachers’ Dungeon's sole discretion. All such pricing changes will be posted to the Teachers’ Dungeon Site.

Delivery of point of sale items. All Teachers’ Dungeon point of sale items will be delivered via download. The download will occur directly after purchase of any Point of Sale item.

Risk of Loss. You bear all risk of loss for completing the download of any Teachers’ Dungeon point of sale item after purchase, once we have made such content available to you and for any loss of Teachers’ Dungeon point of sale item you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Teachers’ Dungeon point of sale items such as e-books must be downloaded promptly after purchase. It is recommended you make a back up copy. If you are unable to complete a download after having reviewed our online help resources, please contact Teachers’ Dungeon Customer Service. customerservice@TeachersDungeon.com.

Limited Express Warranty. Except as expressly provided herein, any Teachers’ Dungeon point of sale items you purchase is provided "AS IS" and "AS AVAILABLE." The Teachers’ Dungeon Service is only warranted as stated below: 

Teachers’ Dungeon warrants that (i) the Teachers’ Dungeon Content that you license directly through the Teachers’ Dungeon Service will be of a quality suitable for game play, and (ii) the media in which the Teachers’ Dungeon Content is provided will be free from material defects on delivery, if, in each case, the Teachers’ Dungeon Content is obtained pursuant to Teachers’ Dungeon's instructions using equipment that is in good operating condition and meets the specifications for the Teachers’ Dungeon Service as provided by Teachers’ Dungeon.

If you find a defect in Teachers’ Dungeon Content, you may email The Teachers’ Dungeon customer service at customerservice@TeachersDungeon.com. The Teachers’ Dungeon will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the Teachers’ Dungeon Content or the Teachers’ Dungeon Content is not as warranted above, The Teachers’ Dungeon will provide you with replacement Teachers’ Dungeon Content or a credit on your Teachers’ Dungeon Account, as determined by Teachers’ Dungeon in its sole discretion, if you advise Teachers’ Dungeon within 7 days of your first attempt to download the material by emailing The Teachers’ Dungeon customer service or submitting the customer service request form available at the Site, provided you meet the registration, technical, and payment requirements for the Teachers’ Dungeon Service. 

THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR MAINTENANCE, MODIFICATION OF ANY TEACHERSDUNGEON SOFTWARE OR TEACHERS’ DUNGEON CONTENT OR THE MEDIA ON WHICH ANY TEACHERS’ DUNGEON SOFTWARE OR TEACHERS’ DUNGEON CONTENT ARE FURNISHED, OR THE USER'S LACK OF THE NECESSARY HARDWARE/SOFTWARE. 

OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TEACHERS’ DUNGEON SERVICE AND TEACHERS’ DUNGEON CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT TEACHERS’ DUNGEON CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NO TEACHERS’ DUNGEON EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.

Return Policy:

Teachers’ Dungeon Memberships and Content, such as e-books:

The Teachers’ Dungeon does NOT accept returns of memberships or content purchased. All purchases are considered final.

The Teachers’ Dungeon is intended for children in grade 2^nd through 6^th. However, from time to time older children, and teachers of children that are in higher grades may want to utilize The Teachers’ Dungeon for its “Convince Me Tutorials” All purchases are Final.

The Teachers’ Dungeon accepts questions & tutorial submitted by teachers, and tutorials that are submitted by students. Although we do our best to ensure that no types or errors are contained within any to the questions or tutorials submitted, typos, errors, and/or glitches may occur. By agreeing to these terms & conditions you agree to waive any rights for refunds regardless of typos, errors, or glitches within the game-play.

Certain devices like iPad, mobile phones, and tablets may “freeze” while playing The Teachers' Dungeon. This is caused by the way your device interfaces with the various browsers like Safari and Fire Fox. By agreeing to these terms & conditions you agree to waive any rights for refunds regardless of the “freezing” issue, or other glitches associated with your devise and its interfacing with your browser.

Fees and Credits

• Fees. You agree that you will pay timely, and we may charge your credit card for, any Teachers’ Dungeon Content, accessory, and related additional amounts (including taxes and late fees, as applicable) ("Teachers’ Dungeon Purchase Fees") as may be accrued in connection with any purchase you make. All Teachers’ Dungeon Purchase Fees will be billed to the credit card you designated during the registration process. All of our Premiere Membership Plans are NON-REOCCURING. YOUR MEMBERSHIP WILL AUTOMATICALLY CANCEL AT THE END OF ITS TERM IF YOU DO NOT RENEW YOUR MEMBERSHIP. Furthermore, all payments are processed through Pay Pal.

Our Contact Information

The Teachers' Dungeon

McCoy Publishing

Novato CA 94948

customerservice@teachersdungeon.com

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Privacy Policy:

This privacy notice discloses the privacy practices for teachersdungeon.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.

What choices are available to you regarding the use of your data.

The security procedures in place to protect the misuse of your information.

How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing 
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to share GamePlay stats with a child’s teacher, or to ship an order.

Per your request, when signing up for, or editing your account, The Teachers' Dungeon will share individual player’s GamePlay stats a child’s teacher. The child’s screen name, and percentage correct within the various educational strands will be shared with their teacher.

We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information 
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:

See what data we have about you, if any.

Change/correct any data we have about you.

Have us delete any data we have about you.

Express any concern you have about our use of your data.

Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. When you enter sensitive information, such as your credit card number, or our membership subscription form, we encrypt that information using secure socket layer technology (SSL).


Financial Information


If a child registrant wants to acquire a paid membership, or one of our electronic books, the parent's full name, email address, credit card billing information including mailing address will be required at the time of purchase. That information is not stored on The Teachers' Dungeon website, or by McCoy Publishing. Instead, credit card information is stored by our payments processing vendor, Pay Pal for the purpose of processing payments made to McCoy Publishing and for fraud prevention purposes. That information is safeguarded with appropriate security, and it will not be used for other purposes. Furthermore, our payments processing vendor has agreed to maintain the confidentiality, security, and integrity of the personal and financial information it obtains from The Teachers' Dungeon website, and only to use this information on our behalf. All applicable privacy laws relating to the provision of financial services bind our financial institution.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at customerservice@teachersdungeon.com.

Policy on Teachers’ Dungeon Content Plans

In addition to the foregoing Teachers’ Dungeon Site Conditions of Use and Teachers’ Dungeon Purchase Terms and Conditions, membership in an Teachers’ Dungeon membership plan is subject to this Policy on Teachers’ Dungeon Content Plans, and to payment of the applicable periodic membership fee plus applicable taxes. Teachers’ Dungeon offers various plans for using and paying for the Teachers’ Dungeon Service on the Site, as described below (collectively, "Teachers’ Dungeon Plans"). By subscribing to a Teachers’ Dungeon Plan, you agree to be bound by this Policy on Teachers’ Dungeon Content Plans, which is subject to change by Teachers’ Dungeon at any time, in its sole discretion. Changes to this Policy on Teachers’ Dungeon Content Plans will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of this Policy on Teachers’ Dungeon Content Plans.

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Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TeachersDungeon.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying The Teachers’ Dungeon that your copyrighted material has been infringed.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed upon;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Teachers’ Dungeon's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent

Teachers’ Dungeon

McCoy Publishing,

e-mail customerservice@teachersdungeon.com

RE: Copyright Agent

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE TEACHERS’ DUNGEON THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP AT VIA EMAIL TO customerservice@teachersdungeon.com

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