Our Sites are provided for marketing or corporate communication, and are intended for those 18 years or older and do not allow game play.
The Apps downloaded to your device(s), or accessed via web browsers, all allow game play (the “Merge EDU Experience”), or authorized educational/school uses and are intended for users of all ages.
When you visit our Sites or use our Apps, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, some of the cookies that are installed on your device, or other persistent device identifiers. Additionally, as you browse our Sites, we collect information about the individual web pages or products that you view, what websites or search terms referred you to our Sites, and information about how you interact with our Sites and Apps. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on our Sites, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
We also use third party analytics services such as Google: See here for how Google uses data when you use our Service and how you may opt out (https://www.google.com/policies/privacy/partners/ , https://www.google.com/policies/technologies/partner-sites/). We also use Clicky Analytics: See here for how Clicky uses data when you use our Service (https://clicky.com/terms/privacy) and here for how you may opt out (https://clicky.com/optout).
Additionally when you make a purchase or attempt to make a purchase through our Sites or Apps, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
You may voluntarily provide us information about yourself, such as your name, e-mail address, birth date, and other personally identifiable information if you register for a user account on our Sites (including by “following,” or “liking,” Merge on a third party website or network). If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through our Sites. You may provide us information in User Content, such as your public profile and comments that you post to our Sites. We refer to this information as User-Provided Information.
We use the Order Information and User-Provided Information that we collect generally to fulfill any orders placed through our Sites or Apps (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this information to:
Communicate with you; and
Screen our orders for potential risk or fraud.
We use the Device Information that we collect:
to authenticate users of the site or personalize content;
to provide multi-player interactive gameplay;
to present a localized (translated) user-interface;
to analyze how our Sites and Apps are used;
to diagnose service or technical problems;
to maintain security;
to screen for potential risk and fraud (in particular, your IP address); and
to improve and optimize our Sites and Apps (for example, by generating analytics about how our customers browse and interact with our Sites and Apps).
We share some Personal Information with third parties to help us use your Personal Information, as described above. This does not include any student’s or children’s Personal Information. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use our Sites -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/ , and here: https://www.google.com/policies/technologies/partner-sites/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We also use Clicky Analytics to help us understand how our customers use our Sites and Apps -- you can read more about how Clicky uses your Personal Information here: https://clicky.com/terms/privacy. You can also opt-out of Clicky Analytics here: https://clicky.com/optout.
We will not sell your Personal Information under any circumstance.
Please note that we do not alter our Sites’ data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through our Sites or Apps), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through our Sites or Apps, we will maintain your Order Information for our records unless and until you ask us to delete this information.
We will delete personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
Merge makes commercially reasonable efforts to ensure its Apps and the Merge EDU Experience comply with the Children’s Online Privacy Protection Act (“COPPA”). While using the Merge EDU Experience, all play is locally stored, and no personally identifiable information is collected or solicited from a child user. The Merge EDU Experience contains no external links to third party websites or services.
The Merge EDU Experience is available by downloading one or all of our Apps to your mobile device. The Merge EDU Experience is directed at users of all ages, including children. We encourage parents and teachers to supervise their child or student’s use of the Apps and supervise the overall Merge EDU Experience. No Personal Information is collected by Merge through the App download process or during the Merge EDU Experience. Merge does not collect information to create student profiles to be used in a way that is not for an educational purpose. We may collect analytics data (which does not contain Personal Information) from your use of the Service in order to offer and develop the Service.
Certain features within our Apps may inadvertently allow children users to input Personal Information such as saved worlds in Dig! for Merge Cube, or through the content of uploaded 3D models (“Objects”) in Object Viewer for Merge Cube. In addition, users may request that saved worlds, Objects and other user creations (together, the “User Creations”) made in our Apps be shared to the broader community of users. These features are designed so that no Personal Information is uploaded back to or stored on our web servers unless consented to by the parent or teacher account holder, or in such a manner that is otherwise exempt from or compliant with COPPA. We review all User Creation submissions to ensure no obvious Personal Information is included before any User Creations are made available publicly.
If we learn that personally identifiable information has been provided to us and/or collected on our Sites from persons under 16 years of age and without verifiable parental consent, such as through a support request, we take the appropriate steps to delete the information. All users are the owners of their accounts so therefore can visit their account online at any time to delete any information and/or the account.
Merge agrees to work with educational institutions to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as allowed by FERPA.
The security of your personal information is important to us. We work hard to protect our community, and we maintain administrative, technical and physical safeguards designed to protect against unauthorized use, disclosure of or access to personal information, including but not limited to:
Data Breach Response Plan
Encryption of all data in transit and at rest
Organizational controls, such as privacy training for staff
We make every effort to maintain the security of personal information, and we work hard to ensure the integrity and security of our systems, no practices are 100% immune, and we cannot guarantee the security of information. Outages, attacks, human error, system failure, unauthorized use or other factors may compromise the security of user information at any time. If we learn of a security breach, we will attempt to notify you electronically (subject to any applicable laws) so that you can take appropriate protective steps; for example, we may post a notice on our homepage or elsewhere on the Service.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
Merge Labs, Inc.
454 Soledad St, Ste. R-100
San Antonio, Texas, US 78205
+1 (210) 504-7281
“App(s)” means the Merge iOS application(s), available for download from Apple, Inc., Android application(s) available for download from Google LLC, and any other software application made by Merge for use on a mobile device, tablet computer, or desktop computer.
“Content” means all content contained in our Sites or the Apps, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Merge.
“Product(s)” means any products purchased from Merge or through the Merge Sites or Apps.
Our “Service” means all services provided by Merge through our Sites, Apps or Products.
“Sites” means any websites, web pages, and any subpages under Merge’s control, whether partial or otherwise, including mergeedu.com, shop.mergeedu.com, dev.mergevr.com, miniverse.io, etc. and any subpages.
“User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using our Service for any reason.
By accessing or using our Service, you represent and warrant to Merge that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use our Service, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access our Service and take full responsibility for the selection and use of and access to our Service. These Terms are void where prohibited by law, and the right to access our Service is revoked in such jurisdictions.
While our Products are aimed to be used by children of varying ages, some of our Service (including our Sites) are intended to be used only by parents, legal guardians and/or teachers over the age of 18 (or age of majority relating to contracts in your jurisdiction).
In order to access certain features of our Service and to post any User Content (as defined below) on or through our Service, a person must register to create an account (“Account”) on the website: dashboard.mergeedu.com. Merge reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify Merge of any unauthorized use of your Account.
In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.
If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Service and its original content, features and functionality are and will remain the exclusive property of Merge and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Merge.
Our Services may contain links to third party web sites or services that are not owned or controlled by Merge.
Merge has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Merge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Texas. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding our Service.
Student records obtained by Merge from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the “Personal Information” and education records it provides to Merge.
ALL PRODUCTS PURCHASED THROUGH THE SITE, THE SITE, THE MATERIALS AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE SITE, THE MATERIALS OR ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MATERIALS AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (VI) THAT THE SITE, THE MATERIALS AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
IN NO EVENT WILL Merge BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN 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.
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, the Materials and/or the Service; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmit through or link from the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.
If you have any questions about these Terms, please contact us.