Terms and Service
Effective Date: December 20, 2024
These Terms of Use (the "Terms") govern your use of the Services provided by MindWord Play ("we," "our," or "us"). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
1. Acceptance of Terms
By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms, and you agree to abide by all applicable laws and regulations.
2. Updates to these Terms of Service
We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Services before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you understand and acknowledge that you will be bound by the modified Terms of Service.
3. Privacy Policy
Your trust and privacy are essential to us. To better understand how we handle your data and information, please review our Privacy Policy at https://mindwordplay.com/.By using our Services, you consent to the collection and use of your data as outlined in the Privacy Policy. You may reach out to us with any questions via the contact information included within the Privacy Policy.
4. Accounts
When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
In these terms, references to “account”/“log in” include your log in details and account for any social network or platform that you may allow our Services to interact with.
We will not be responsible for any loss as a result of an unauthorised person accessing your account and/or using our Services and we take no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data associated with your account (including, without limitation, your progress through our Services and/or the game level/score you have reached in our Services associated with your account).
5. Use of the Services and Prohibited Activities
Our Services are intended for learning, gaming, and entertainment purposes only. You understand and agree that the Services are not intended or designed to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care tailored to your individual condition and situation. Not all activities described on the Services are suitable for everyone. You assume full responsibility for your use of the Services.
Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You agree that in connection with your use of the Services, you will not:
use the Services for any improper, fraudulent, illegal, or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring, or linking to, the Services without our express written consent;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or functionalities connected to the Services;
take any action that would interfere with another party’s use of the Service;
use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage any information from the Services or any other user of the Services;
distribute, transmit, reproduce, or otherwise make available any software viruses, worms, spyware, adware, malware, program, code, file, or other technology that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or express or imply that we endorse any statement you make;
decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights;
circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use, access, or copying, or to enforce other limitation of use on the Services; or
assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Sites.
6. Linking
You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
7. Termination
We believe in constructive and respectful collaboration. However, in certain situations where the use of the Services violates these Terms or any relevant laws, we reserve the right to terminate or suspend your access without prior notice. You retain the right to discontinue your use of the Services at any time. Even after the termination of these Terms, your Account, or your access to the Services, any User Content you have posted or submitted may remain on the Website or Apps indefinitely.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
10. Age Limit
In order to access and/or use the Website, you must be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the Website, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Website, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Website; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
11. Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (the “Content”) are protected by copyright, trademarks, and other intellectual property rights under the United States and foreign laws and international conventions, and are owned by or used with permission or under license by HexaSpace Games and its licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth in these Terms, the use of any Content is strictly prohibited.
Subject to your compliance with these Terms, HexaSpace Games grants you a limited, non-exclusive, non-transferable license to (1) access and use the Services and the Content within solely for your own personal, non-commercial purposes and (2) download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services. No Content may be reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of HexaSpace Games, except that you may download or print one copy of specific Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of an App or the Content.
12. Third-party Links
We may include links to third-party websites or services within our Services. Please be aware that we cannot guarantee or endorse any content, products, or services offered by these third parties. We are not liable for any losses or damages resulting from your interactions with these third parties. Any fees or expenses associated with these third parties are your responsibility.
It's important to note that when you share information with these third parties, you are subject to their privacy policies, if applicable, and our own privacy policy does not govern the handling of your data in relation to these third parties.
13. Governing Law and Jurisdiction
This Agreement shall be governed by the laws and regulations of the location of the game service provider, without regard to any conflict of laws provisions. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the location of the game service provider .
If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of the game service provider unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
14. General Terms
Non-Waiver.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
Severability.
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Modifications by Our Employees.
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Mobile Services
Some of the Services may be available via your mobile phone through the Apps you have downloaded and installed on your mobile phone. Please note that your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to find out if the Apps and Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of them.
Entire Agreement; No Waiver
The Terms of Service and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Consent to Communication
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Websites or Apps. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at: hexaspace24@gmail.com.