LIONSHEART STUDIOS PTY LTD (ACN: 169 410 459)
Terms and Conditions of Use
We operate the website located at www.playconomics.com
This is the site through which you are able to access and participate in the Game.
In these terms and conditions:
- the interactive Playconomics product is referred to as the Game
- the Playconomics website is referred to as the Site
- LionsHeart Studios Pty Ltd (ACN: 169 410 459) is referred to as we, our, us
- you, as the user, are referred to as you and your
- a Student is a person who (i) is enrolled in an Education Organisation and (ii) participates in a course for which an Educator has adopted the Game
- an Educator is a person who (i) is a member of the staff of, or an affiliated member of staff of, an Education Organisation and (ii) is teaching a course for which they have required their Students to purchase the Game
- an Education Organisation includes a (i) provider of secondary education or (ii) provider of tertiary education and (iii) research institute.
When are these terms and conditions binding on you?
If you accept our offer to access the Site to enable you to participate in the Game you do so subject on the basis that you will comply with these terms and conditions. By doing so you will be able to participate in the Game according to the access level you are given, either as a Student or an Educator.
The period of time or term during which you are able to access the Site and participate in the Game depends on the level at which you are participating:
- for a Student, the term expires once the semester for which the Educator adopted the Game finishes
- for an Educator, the term expires once they do not renew their interest to keep using the Game as educational material in their course for a new semester.
We may retain any information you provide through the Site or you generate through the Game for as long as we determine necessary or desirable. The information forms an important historical record of outcomes achieved by those participating in the Game and we are required to maintain some of the information.
However, we have no obligation to store or maintain or provide you a copy of any information that you provide through the Site or you generate through the Game.
The Site is configured to allow various levels of access. The extent of the access you will have as a user after opening an account will depend on your status with respect to the Game.
You promise us that the information you provide is, and will remain, true, accurate and complete. Decisions may be made which are based on the information you provide.
You consent for your Educator to provide us with your course and any course-related data, including demographics and your academic performance (i.e., marks) for each of your assessment tasks and your final exam result in the course in which you participated and which used the Game.
Establishing an Account
By submitting an application to access and use the Site, you promise to us that you are over the age of 18 years.
As part of the registration process you will be asked to create a username and password which will enable you to activate your account and access the Site. The same username and password will give you access to the Game.
Please note that, in the case of a Student applicant, we will verify that you are enrolled at the Education Organisation that you tell us requested you to use the Game.
You must keep your password safe and not share it with anyone else. If you forget your password, you can reset it by requesting a new password.
You must not permit others to use your account. You must not use any other user’s account.
We respect your privacy.
Use of Site and Game
We grant to you the non-exclusive, non-transferrable, revocable licence to:
- use the Site through any generally available web browser and download, install and participate in the Game; and
- to make use of any services made available through the Site as we intend from time to time.
Applicable charges (if any) related to the licence are set out in the online order form for your purchase and/or your account area of the Site. All licence purchases are non-refundable, non- returnable and may not be exchanged, even if you do not access or use the Site and the Game.
You must use the Site and the Game only for the purposes for which it is made available to you. You must comply with any further rules we publish from time to time on the Site.
We do not moderate discussions occurring through the Site or the Game. You are solely responsible for your interactions with other users through open access areas of the Site. However, if a complaint is made about the conduct of any user, we will investigate the complaint and reserve the right to suspend, restrict or terminate access to the Site and to the Game by a user if their conduct in using the Site and/or the Game is contrary to these terms and conditions or any further rules published on the Site.
We may need to notify you about something relating to the Game or the Site. We will do this through your email address. So, it is important you log in to your email account periodically to see if you have received any communication from us.
Site and Game Availability
The duration of access to the Site and the Game is set by your Educator for your specific course.
During this period, we strive to have the Site and the Game available to be accessed by you 24 hours a day, 7 days a week. However, there may be times when the Site and/or the Game are not available, either as a result of us undertaking preventative maintenance or implementing upgrades or for reasons beyond our control.
We do not guarantee that the Site and the Game will function without interruption or error.
We may update and improve or otherwise modify the Site and the Game from time to time. Your right is to access the Site and Game as it exists at any given time.
Changes to Terms and Conditions
We may change these terms and conditions from time to time. We will give you notice of a change by posting an alert on the Site and/or direct email communication to you.
If you continue to use the Site after such notification you will be deemed to be aware of, and have agreed to, the changed terms and conditions of use.
Activities Not Allowed
When you are accessing the Site and/or the Game you are required to act in a responsible and lawful manner.
Without limiting this obligation, you must not:
- install any computer code that will, or may interrupt, destroy or limit the functionality of the Site or the Game
- manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the Game
- cause, permit or authorise the modification or creation of derivative works, translation or reverse engineering of the Site and/or the Game
- duplicate licence, sub-licence, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information on to, or from the Site and the Game
- use or copy information, content or data that you view or obtain from the Site or Game to provide any services in competition with the Site and/or the Game
- collect any information or communication about the users of the Site and/or the Game by monitoring, interdicting or intercepting any process of the Site and/or the Game
- access or attempt to access the Site by any means other than through the landing page for the Site
- override, or attempt to override any security component in the Site or in the Game
- remove any proprietary notices from any copy of the Site or the Game
- attempt to or actually interrupt, negatively impact on or alter the Site or the Game in any way
- make any false, misleading or deceptive statement or representation regarding the Site or the Game
- use the Site or the Game for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or the Game or any manner not permitted by the licenses granted to you under these terms and conditions
- use the Site or the Game (or any content within the Site or the Game) in any way that violates applicable law, that violates intellectual property or other proprietary rights or that is fraudulent, obscene, offensive, misleading or defamatory.
We reserve the right to investigate occurrences which may involve any of these violations. We may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in any one or more of these violations.
We welcome your feedback about your participation in the Game and use of the Site. All copyright and other intellectual property rights in your feedback become our property at the time you create the feedback.
If you want to give us feedback please email us at email@example.com
Limitation of Liability
The Site and the Game are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the Game, or the information, content or materials in the Site of the Game.
To the fullest extent permitted by law, we exclude all other terms, conditions and warranties which might be implied into these terms and conditions.
However, if, under the Australian Consumer Law, we are in breach of a consumer guarantee that we cannot exclude, our liability is limited to providing the service again or paying to have the service provided again.
You expressly agree that your use of the Site and the Game is at your sole risk.
We are not liable for any loss of profits, loss of data, loss of revenue, loss of business opportunity or other head of damage commonly described as being ‘direct’, ‘indirect’, ‘incidental’, ‘consequential’ or ‘punitive’ arising from the supply of the Site and the Game to you or its use.
We respect the intellectual property rights of others and require you to do so as well.
We reserve all of our intellectual property rights existing in the Site and the Game and any services we provide through the Site and the Game. These intellectual property rights include but are not limited to logos, trademarks, service marks, graphics, all educational materials (textbooks, quizzes and/or videos) and gameplay elements.
You acknowledge that any unauthorised copying or unauthorised use of the Site and the Game is a violation of these terms and conditions and is strictly prohibited.
Termination, Suspension and Restriction of Account
We may terminate, suspend or restrict your account on the Site and your ability to participate in the Game, with immediate effect, for any reason or no reason at any time with or without notice.
If your account it terminated, we will disable your access which will prevent you from accessing and using the Site and the Game. However, these terms and conditions survive any termination.
Upon termination of your account for any reason all licenses and rights to use the Site and the Game will terminate and you must remove the Game from your computer equipment and for any other devices on which you installed it.
If any of these terms or conditions is found to be illegal or unenforceable, the term or condition may still be enforced but only to the extent it is not illegal or unenforceable. All other terms and conditions will remain in full force and effect.
We may fully or partially delegate all rights and obligations in respect of the Site and the Game without notice to you.
You may not assign any rights granted by us to you.
Nothing in these Terms and Conditions shall constitute a partnership, agency or joint venture between you and us.
Our agreement with you is governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia and each of us agrees to submit to the non-exclusive jurisdiction of the New South Wales courts.
Effective December 2014