TPLD is one of the global leaders in the emerging Serious Games market. We are focused on delivering Game-Based Learning (GBL) solutions and technologies to aid organisations in their drive for competitive advantage. Our software products and industry solutions help customers and partners create an effective, experiential and high-impact approach to professional and personal development.

Thank you for your interest in TPLDs online Portal and services. If you have registered with the TPLD Portal, please review the Terms of Service below, which govern your registration and use of TPLDs portal and other services. If you have not registered with the TPLD Portal, the following terms and conditions govern your registration and use of the TPLD Portal and our games and services provide through it.

You Must Agree to these Terms of Service to Use TPLD Products
By using or registering on the TPLD Portal, you agree to these terms and conditions ("Terms of Service") and the TPLD Privacy Policy. You agree to accept notices electronically. Each time you use an TPLD Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using TPLD Products. You cannot use or sign up for TPLD Products until you have accepted these Terms of Service. If you were an existing TPLD user who registered with a Previous TPLD service, these Terms of Service supersede the previous terms regarding your ongoing use of TPLD Services.

TPLD Products
For purposes of these Terms of Service, the term "TPLD Products" shall mean TPLD software (whether pre installed, on a medium or offered by download), TPLD services, TPLD websites (including, without limitation, tpld.net, eduteams.com and infiniteams.com) and all other software, features, tools, web sites and services provided by or through TPLD from TPLD Ltd.

Additional Terms and Conditions for other Services or Products
You agree and understand that certain TPLD Products, features and other premium services offered by or through TPLD (including services from TPLD ) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your TPLD Alias, Name or through an TPLD Product shall constitute a breach of these Terms of Service.

Modifications to the Terms of Service
TPLD may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the TPLD Products. TPLD will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the TPLD Products and cancel your registration.

Requirements for Use or Registration of TPLD Products
The TPLD Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some TPLD Products may require the user to register and provide information to TPLD , such as name, e-mail address, gender, date of birth, zip/postcode code (the "Registration Information"). If you register for any TPLD Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current. You will need a valid form of identification to use TPLD Products, such as a valid Alias issued by TPLD or such other forms of user identification authorized by TPLD (collectively, "Alias"). You may use the Alias already assigned to you from TPLD -authorized services. If you do not have a Alias , you can register for a Alias on the TPLD service. You may not (1) select or use an Alias of another person with the intention of impersonating that person, (2) use a Alias of anyone else without authorization, (3) use a Alias in violation of the intellectual property rights of any person or (4) use a Alias that TPLD considers in its sole discretion as being inappropriate.

Registered User Information
The TPLD Privacy Policy explains how TPLD collects and uses information and the choices you have with that information. You consent to TPLD using your registration information and other information collected by TPLD under the terms of the TPLD Privacy Policy. By registering with or using TPLD Products, you consent to the collection and use of your personal information and the transfer of this information to the United Kingdom for processing and storage by TPLD . Additionally, you agree that TPLD may use the Alias, or other similar technologies, to authenticate you on the TPLD Portal, help store your registration and transaction-related information (when available), and enable you to take advantage of offerings from TPLD and its affiliated providers.

Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your TPLD account and Alias, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use TPLD while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless TPLD for losses incurred by TPLD or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using TPLD Products. You are responsible for any materials you post or make available on or through the TPLD Portal, including message board posts, chat participation and home pages.

Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the TPLD Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access TPLD are your responsibility. If you are accessing TPLD through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other phone charges at your location. Also, your provider, such as a wireless provider, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your provider to verify the fees that may apply to you.

You May Use the TPLD Products for Lawful Purposes Only
You may use TPLD Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offence, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in TPLD 's judgement, restricts or inhibits any other user from using or enjoying the TPLD Products, including without limitation the community areas.

No Spam, Bulk Email or Bulk Instant Messages
You may not use TPLD Products including communication tools such as e-mail, instant messaging and chat services to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about TPLD users from TPLD Products, including Aliases, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that TPLD may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within TPLD 's services.

Content You May Use
TPLD its partners and TPLD users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on TPLD Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by TPLD or its partners . You agree that you will not take any action to interfere with TPLD 's or its partners ' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use Content available on the TPLD Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Content You Post to Public Areas
As explained in detail in the TPLD Privacy Policy, TPLD does not read your private online communications when you use any of the communication tools on TPLD Products. If, however, you use these tools to post Content or other information to public areas on TPLD Products (for example, in chat rooms or online message boards), other online users will have access to this information and Content. You may only post Content to public areas on TPLD Products that you created or which the owner of the Content has given you permission to post. You may not post or distribute Content to public areas on TPLD Products that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of TPLD Products, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of TPLD Products and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. You or the owner of the Content retain ownership of all right, title and interest in Content that you post to public areas of any TPLD Product. However, by submitting or posting Content to public areas of TPLD Products (for example, posting a message on a message board), you grant TPLD , its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. Once you submit or post Content to any public area on an TPLD Product, TPLD does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. TPLD owns all right, title and interest in any compilation, collective work or other derivative work created by TPLD using or incorporating Content posted to public areas of TPLD Products.

No Duty to Monitor
TPLD is not required to pre-screen Content available on the TPLD Products, including the content of any messaging that occurs on or through the TPLD service, although TPLD reserves the right to do so in its sole discretion. TPLD is not liable for Content that is provided by others. TPLD reserves the right to remove Content that, in its sole judgement, does not meet its standards or does not comply with these Terms of Service, but TPLD is not responsible for any failure or delay in removing such material.

Changes to the Service
TPLD has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the TPLD Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on TPLD servers on your behalf either cumulatively or for any particular service or the availability of TPLD Products on any particular device or communications service. TPLD has no obligation to provide you with notice of any such changes.

TPLD License to You
TPLD and its Partners grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by TPLD (including all software and services provided by a third-party vendor for TPLD ) in object code form only on any computer or device from which you wish to access the TPLD service and all other TPLD Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the TPLD Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from TPLD . TPLD occasionally will provide automatic upgrades to improve your online experience, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, and related services. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the TPLD service, the TPLD Products, or any other TPLD services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that TPLD 's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by TPLD may vary depending on your computer and other equipment.

Restrictions on Access to or Use of TPLD Products
You may access TPLD Products only through the interfaces and protocols provided or authorized by TPLD . You agree that you will not access TPLD Products through unauthorized means, such as unlicensed software clients, and that you will only use TPLD Products in conjunction with TPLD authorized products and components.

Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United Kingdom,or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from TPLD , or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.K. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.K.

No Support by TPLD
You understand that your use of the Software is at your own risk and that TPLD provides no assistance other than the information posted on the TPLD Web site located at http://www.teamplayonline.com. TPLD is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

Copyright Infringement
If you believe that your work has been copied and is accessible on an TPLD Product in a way that constitutes copyright infringement, please contact TPLD for instructions on how to contact deal with this issue.

No Endorsement
TPLD Products may contain links to other web sites, resources and advertisers. TPLD is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall TPLD or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES.
YOUR USE OF THE TPLD PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE TPLD PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, TPLD AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE TPLD PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. TPLD AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TPLD PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TPLD PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TPLD PRODUCTS AND SOFTWARE WILL BE CORRECTED. TPLD AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TPLD PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TPLD PROVIDES THE TPLD PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE TPLD PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TPLD WILL HAVE ADEQUATE CAPACITY FOR THE TPLD PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY.
TPLD 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TPLD (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR TPLD PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE TPLD PRODUCTS AND SOFTWARE. TPLD AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE TPLD PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH TPLD PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TPLD HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TPLD AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TPLD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH TPLD PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification
You agree to defend, indemnify and hold harmless TPLD , its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the TPLD Products. TPLD reserves the right, at its own expense and in its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for TPLD in that matter.

Termination
TPLD has the right to terminate your Alias, your registration, the Software license or your access to TPLD Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). TPLD may, but shall be under no obligation to, provide you a warning prior to termination of your use of the TPLD Products.

Trademarks
All trademarks appearing on the TPLD Products are the property of their respective owners, including, without limitation, TPLD Ltd.

Purchases and Premium Services TPLD may from time to time give you the opportunity to purchase or subscribe to products and premium services on TPLD (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement. You can go to "My Account" on the TPLD Product to get information about billing or to determine the status of your bill and the amount of any surcharge.

Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.

Electronic Delivery Policy
TPLD , as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY TPLD PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM TPLD ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that TPLD generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to TPLD during registration or (2) TPLD may post Notices on a welcoming screen or top page of the relevant TPLD Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. The delivery of any Notice from TPLD is effective when sent by TPLD , regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Miscellaneous
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the TPLD Products. B. These Terms of Service and any operating rules for any areas of functionality of the TPLD Products established by TPLD constitute the entire agreement between TPLD and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific TPLD Product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws in Scotland, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the TPLD Products resides in the courts located in Scotland, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Last updated Feb 12 2009