TERMS OF USE

Hubble Games

1. User Agreement

1.1 These Terms of Use constitute an agreement between you and Northeastern University that governs your use of this StudyCrafter website and all associated services (“StudyCrafter”). StudyCrafter is a part of the Northeastern Game Studio at Northeastern University. Please read the Terms of Use carefully. By using StudyCrafter, you affirm that you have read, understood, and accepted the terms and conditions in the Terms of Use. If you do not agree with any of these conditions, please do not use StudyCrafter.

1.2 Your privacy is important to us. Please read our Privacy Policy, which identifies how the Northeastern Game Studio uses, collects, and stores information it collects through the Services. By using StudyCrafter, you additionally agree with our Privacy Policy.

1.3 StudyCrafter is meant for adults from 18 years of age and over. We ask that you keep this in mind when using StudyCrafter. When you use StudyCrafter, you agree to abide by the StudyCrafter Community Guidelines. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age, then please do not use StudyCrafter.

1.4 Northeastern University may change the Terms of Use from time to time. You can always find the latest version of the Terms of Use at https://studycrafter.com/terms-of-use/. The date of the most recent revisions will appear on this page. Your continued use of StudyCrafter constitutes your acceptance of any changes to or revisions of the Terms of Use.

2. Account Creation and Maintenance

2.1 In order to use all of  StudyCrafter’s features, you will need to register with StudyCrafter and create an account. When registering for a personal account, you will be asked to provide certain personal information, including an email address, birth date, and username. You are solely responsible for the activity that occurs on your account and you must keep your password secure. Notify Northeastern University immediately if you believe that your account has been breached by sending an email to help@studycrafter.com. Please see our Privacy Policy for Northeastern University’s data retention and usage policies. You are still allowed to play and create games as a guest, however you will not be able to rate or review games, and what you create will not be saved.

2.2 You are responsible for keeping your password secret and your account secure. You are solely responsible for any use of your account, even if your account is used by another person. If any use of your account violates the Terms of Service, your account may be suspended or deleted.

2.3 You may not use another person’s StudyCrafter account without permission granted by the account holder.

2.4 If you have reason to believe that your account is no longer secure, promptly change your password. If you cannot access your account to change your password, notify us at help@studycrafter.com.

3. Rules of Usage

3.1 Northeastern University supports freedom of expression. However, StudyCrafter is intended for a wide audience, and some content is inappropriate for the StudyCrafter community. You may not use StudyCrafter in any way that:

  • Promotes bigotry, discrimination, hatred, or violence against any individual or group;
  • Threatens, harasses, or intimidates any other person, whether that person is a StudyCrafter account holder or not;
  • Contains foul language or personal attacks;
  • Contains sexually explicit or graphically violent material without warning;
  • Provides instructions on how to commit illegal activities or obtain illegal products;
  • Asks any other user for personally identifying information, contact information, or passwords; or
  • Exposes any other person’s personally identifying information, contact information, or passwords without that person’s permission.

3.2 You agree that in the event your project contains necessary explicit content for the purpose of your research, that you label your research as having explicit content so other users are warned in advance. Northeastern University reserves the right to determine what constitutes necessary or unnecessary use of explicit content, and will remove projects that it judges to be inappropriate. If you believe that your content did not constitute unnecessary use of explicit content and was taken down in error, you may send a notification to help@studycrafter.com. Please include:

  • Your StudyCrafter username and email address;
  • The specific content you believe was taken down in error; and
  • A brief statement of why you believe the use of explicit content is necessary for the purpose of your research.

3.3 You agree to comply with all applicable laws and regulations when you use StudyCrafter. You may not use StudyCrafter in any unlawful way, including to harass, stalk, or defame any other person.

3.4 You may not impersonate, imitate, or pretend to be somebody else when using StudyCrafter.

3.5 You agree to not use StudyCrafter in any way intended to disrupt StudyCrafter, gain unauthorized access to StudyCrafter, or interfere with any other user’s ability to use StudyCrafter. Prohibited activities include, but are not limited to:

  • Posting content deliberately designed to crash the StudyCrafter website or editor;
  • Linking to pages containing viruses or malware;
  • Using administrator passwords or pretending to be an administrator;
  • Repeatedly posting the same material, or “spamming”;
  • Using alternate accounts or organizing voting groups to manipulate site statistics, such as purposely trying to get on the “Featured Projects” selection of the front page.

3.6 Commercial use of StudyCrafter, user-generated content, and support materials are permitted under the Creative Commons Attribution-ShareAlike 2.0 license. However, Northeastern University reserves the right to block any commercial use of StudyCrafter that, in Northeastern University’s sole discretion, is harmful to the community. Harmful commercial use includes spamming or repeated advertisement through projects, comments, or forum posts.

4. User-Generated Content and Licensing

4.1 For the purposes of the Terms of Use, “user-generated content” includes any projects, comments, forum posts, or links to third party websites that a user submits to StudyCrafter.

4.2 Northeastern University encourages everyone to foster creativity by freely sharing code, art, music, and other works. However, we also understand the need for individuals and companies to protect their intellectual property rights. By utilizing StudyCrafter, you are responsible for making sure you have the necessary rights, licenses, or permission for any user-generated content you submit to StudyCrafter. You further agree that all content you submit to StudyCrafter will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Northeastern University all of the license rights granted herein. Northeastern University does not permit copyright infringing activities nor infringement of intellectual property rights on StudyCrafter, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights.

4.3 All user-generated content you submit to StudyCrafter is licensed to and through the Northeastern University and Services under the Creative Commons Attribution-ShareAlike 2.0 license. This allows others to view and remix your content. This license also allows Northeastern University to display, distribute, and reproduce your content on the StudyCrafter website, through social media channels, and elsewhere. If you do not want to license your content under this license, then do not share it on StudyCrafter.

4.4 On StudyCrafter, you have the option to publish projects and their data as private, unlisted, or public to the StudyCrafter community. These options make it possible to have more control over who plays your projects and analyzes your project outcomes. However, in the end, this community is built on sharing, and we ask you to make your project and data public after completion of your study. One year after the project end date, we will send you a warning that we shall automatically make your project and its data public. You should not participate if you do not want this information made public. You may contest this action by sending an email to help@studycrafter.com.

4.5 Although Northeastern University requires all users to comply with these Terms of Use, some inappropriate user-generated content may be submitted and displayed on StudyCrafter. You understand that when you use StudyCrafter you may be exposed to user-generated content that you may find objectionable or offensive. If you see any content that violates the Community Guidelines or Terms of Use, please notify us by using the “Report Issue” button located on the project page. You need only to report an item once.

4.6 In addition to reviewing reported user-generated content, Northeastern University reserves the right to, but is not obligated to, monitor all uses of StudyCrafter. Northeastern University may edit, move, or delete any content that violates the Terms of Use or the Community Guidelines, without notice.

4.7 All user-generated content is provided “as-is.” Northeastern University makes no warranties about the accuracy or reliability of any user-generated content available through StudyCrafter. Northeastern University does not endorse any views, opinions, or advice expressed in user-generated content. You agree to indemnify the Northeastern Game Studio, StudyCrafter, and Northeastern University of any and all liability arising from your user-generated content.

5. StudyCrafter Content and Licensing

5.1 Except for any user-generated content, Northeastern University owns and retains all rights in and to the StudyCrafter code, art, the design, functionality, and architecture of StudyCrafter, the StudyCrafter website, and any software or content provided through StudyCrafter (collectively, the “StudyCrafter IP”). If you want to use StudyCrafter in a way that is not allowed by these Terms of Use, you must first contact Northeastern University for permission. Permission is not guaranteed. Except for any rights explicitly granted under these Terms of Use, you are not granted any rights in and to any Intellectual Property on StudyCrafter or contained in any StudyCrafter services.

5.2 We provide support materials, including images, sounds, video, and sample code, to help users build projects. Support materials are licensed under the Creative Commons Attribution-ShareAlike 2.0 license. You may also use screenshots of StudyCrafter under the same license. Please note that this does not apply to materials that are trademarked by the Northeastern Game Studio, Northeastern University or other parties as described in Articles 5.3 and 5.4 in the Terms of Use. The Creative Commons Attribution-ShareAlike 2.0 license requires you to attribute any material you use to the original author. When you use StudyCrafter or screenshots of the StudyCrafter website, please use the following attribution: “StudyCrafter is developed by the Northeastern Game Studio at Northeastern University. See https://studycrafter.com.”

5.3 The content on and in StudyCrafter and the trademarks, service marks, and logos, including, but not limited to, the StudyCrafter name and StudyCrafter logo, and all copyrights are owned by or licensed to Northeastern University and subjected to copyright and other intellectual property rights under the law. The Northeastern University name and logo are trademarks owned and registered by Northeastern University. Unless you are licensed by Northeastern University under a specific licensing program or agreement, you may not use these logos to label, promote, or endorse any product or service.

5.4 The StudyCrafter support materials library may contain images and sounds that are trademarked by third parties. The fact that materials are included in the StudyCrafter support materials library does not in any way limit or reduce intellectual property rights, including trademark rights, otherwise available to materials’ owners. Nothing in these Terms of Use or the Creative Commons Attribution-ShareAlike 2.0 license will be construed to limit or reduce any party’s rights in that party’s valid trademarks. You may not use these materials to label, promote, or endorse any product or service. You are solely responsible for any violation of a third party’s intellectual property rights cause by any misuse of these materials, and you relieve the Northeastern Game Studio and Northeastern University for any and all liability.

6. Digital Millennium Copyright Act (DMCA)

6.1 If you are a copyright holder or an agent thereof and believe that any content on StudyCrafter infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notification to our Copyright Agent at copyright@studycrafter.com or mail your notification to the following:  

Meserve Hall 140

35 Leon Street

Boston, MA 02115

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to help@studycrafter.com. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.

6.2 Northeastern University will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Northeastern University may act expeditiously to remove or disable access to any material claimed to be infringing. Repeat infringers of third-party copyrights are subject to termination and/or removal in appropriate circumstances. We are required by the DMCA to disable access to our service to repeat copyright infringers. If we receive a DMCA compliant takedown notice against a person, and that person doesn’t submit a counter-notification, a strike is added to their account. After three (3) strikes have been received, accounts belonging to the person will be blocked and standard measures will be taken to block their access to StudyCrafter. We assess strikes ten (10) business days after a DMCA takedown notice is received to ensure that no person is blocked before they have a chance to review the issue and submit a valid counter-notice.

6.4 In assessing whether or not a StudyCrafter user has violated your copyrights, please keep in mind that StudyCrafter is an educational and not-for-profit initiative, seeking to aid and promote learning and research by providing tools to learn and create using digital technology. Please also keep in mind the “Fair Use” doctrine incorporated into the Copyright Act of 1976, 17 U.S.C. § 107.

6.5 If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent at copyright@studycrafter.com:

  • Your physical or electronic signature
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Northeastern University may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Northeastern University’s sole discretion.

7. Suspension and Termination of Accounts

7.1 Northeastern University has the right to suspend your account for violations of the Terms of Use or the Community Guidelines. Repeat violators may have their account(s) terminated and/or deleted. Northeastern University reserves the sole right to determine what constitutes a violation of the Terms of Use or Community Guidelines. Northeastern University also reserves the right to terminate any account used to circumvent prior enforcement of the Terms of Use.

7.2 If you decide to delete your account, you will have the option to either permanently delete your account of move it to a “ghost” account. A “ghost” account is an anonymous account in which all of your profile information and draft projects will be removed, but StudyCrafter will continue to display your published projects and any associated data under a “StudyGhost#” username, where the “#” is an automatically generated number.

7.3 If you do not login to the platform for a period of three years, we will send you a warning to the email associated to your account. One month after the warning is sent, your account will be deleted, unless you confirm that you want to keep your profile. Northeastern University will remove all of your profile information and draft projects but may continue to utilize and display your published projects and the collected data under a “StudyGhost#” account, where the “#” is an automatically generated number.

8. Third-Party Websites

8.1 Content on StudyCrafter, including user-generated content, may include links to third-party websites. Northeastern University is not responsible for reviewing or managing third-party websites, and assumes no responsibility for the privacy practices, content, or functionality of any third-party websites. You agree to release the Northeastern Game Studio and Northeastern University of any and all liability arising from third-party websites.

9. Indemnification

9.1 You agree to defend, indemnify, and hold harmless Northeastern University, Northeastern Game Studio, and all of their affiliates, employees, directors, faculty members, fellows, students, agents, representatives, third-party services providers, and members of their governing boards (collectively, “StudyCrafter Entities”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to StudyCrafter; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of StudyCrafter.

9.2 For federal government agencies, provisions in the Terms of Use relating to Indemnification shall not apply to your Official Use, except to the extent expressly authorized by federal law. For state and local government agencies in the United States, Terms of Use relating to Indemnification shall apply to your Official Use only to the extent authorized by the laws of your jurisdiction.

10. Disclaimer of Warranty

10.1 You acknowledge that you are using StudyCrafter at your own risk. StudyCrafter is provided “as-is,” and the StudyCrafter Entities hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by StudyCrafter. Without limiting the foregoing, the StudyCrafter Entities disclaim any and all warranties, express and implied, regarding user-generated content. The StudyCrafter Entities and their third-party services providers do not represent or warrant that access to StudyCrafter will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through StudyCrafter.

11. Limitation of Liability

11.1 The StudyCrafter Entities shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages of any kind, regardless of the type of claim or the nature of the cause of action, even if Northeastern University has been advised of the possibility of such damages. Without limiting the foregoing, the StudyCrafter Entities shall have no liability to you or any third parties for damages or harms arising out of user-generated contents.

12. Funding Support

12.1 StudyCrafter was developed with funding from Northeastern University and the Defense Advanced Research Projects Agency (DARPA). The views, opinions, and/or findings expressed are those of the creator and should not be interpreted as representing the official views or policies of the Department of Defense (DoD), DARPA, the U.S. Government, or Northeastern University.

13. Jurisdiction

13.1 StudyCrafter is offered by Northeastern University from its facilities in the United States. Northeastern University makes no representations that StudyCrafter is appropriate or available for use in other locations. Those who access or use StudyCrafter are responsible for compliance with local law.

14. Choice of Law and Venue

14.1 You agree that these Terms of Use, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts to be wholly performed therein, and any action based on, related to, or alleging a breach of the Terms of Use must be brought in a state or federal court in Suffolk County, Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

14.2 If you are a federal, state, or local government entity in the United States using StudyCrafter in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Massachusetts (excluding choice of law).

15. Choice of Language

15.1 If Northeastern University provides you with a translation of the English language version of these Terms of Use, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.

16. No Waiver

16.1 No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Northeastern University’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. Entire Agreement

17.1 This document, together with all appendices (if applicable), constitutes the entire Terms of Use and supersedes all previous agreements with Northeastern University relating to the use of StudyCrafter.

The StudyCrafter Terms of Use was last updated on June 26th, 2018.