Mobile Application Terms and Conditions
Last updated: 11th September 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
The ‘Social Impact Game’ mobile application ("App") is operated by Learning Without Borders Limited, a company registered in England and Wales under number 07598755 with its registered office at Suite 7, 22 Northumberland Ave, London, WC2N 5AP ("Social Impact Game", "we", "our" or "us").
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Social Impact Game
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United Kingdom
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Learning Without Borders, Suite 7, 22 Northumberland Ave, London, WC2N 5AP, United Kingdom.
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
License to Use
Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-shareable, revocable, limited license to the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.
Prohibited Conduct
You agree to use the App in accordance with these Terms an applicable laws and regulations. You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate another person or log into an account which you are not authorised to access;
- Use or attempt to use another User's account without authorisation from the User and Learning Without Borders;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to Learning Without Borders' security;
- Interfere or attempt to interfere with service or any user, host, network, including by way of introducing a virus, overloading, "flooding" or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code to bypass or circumvent measures employed to prevent or limit access to any part of the App; or
- Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App.
Right to Terminate Accounts
Please contact us directly.
How a User can Cancel/Terminate an Account
Please contact us directly.
Ownership of Your Content
We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the App, you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The App, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial home use only.
User Generated Content
Learning Without Borders does not claim ownership of any Content you post, upload, or submit to any publicly accessible area of the App. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate, or publish such Content on the App. This licence shall be terminated when such Content is deleted from the App by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.
Digital Millennium Copyright Act (DMCA) Notice and Policy
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has 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 (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the App as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
Learning Without Agents
Suite 7, 22 Northumberland Ave, London, WC2N 5AP, United Kingdom
Payment Details
- If you are using a free version the App, it is really free: we do not ask you for your credit card and — just like for customers who pay for our App — we do not sell your data.
- If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your payment cycle starts on the day of upgrade.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Right to Update or Modify Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the App and the Service.
Disclaimer of Warranty
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Disclaimer of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE, IN LAW OR IN EQUITY, TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THIS TERMS AND CONDITIONS OR APP, WHETHER AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE WHTHER ACTIVE OR PASSIVE), OR ANY OTHER THEORY OF LIABILITY.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England, and you hereby submit to the exclusive jurisdiction of the English courts.
Privacy Policy
See our Privacy Policy at https://www.socialimpactgame.com/privacy, which is hereby incorporated into these Terms and Conditions by reference, for more information about how your personal data will be used.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by using one of the following methods:
By emailing: [email protected]
By visiting this page on our website: https://www.socialimpactgame.com/contact
By writing to: Customer Service Manager, Learning Without Bordes, Suite 7, 22 Northumberland Ave, London, WC2N 5AP, United Kingdom