HYPERTHOUGHT GAMES INC. TERMS OF USE

 

LAST UPDATED: 2021-05-26

 

1. OVERVIEW

 

These Terms of Use form a legally binding contract between HYPERTHOUGHT GAMES INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our “Lingo Legend” app, our website located at www.lingolegend.com or any related website or mobile platform controlled by us (collectively, the "Sites"). These Terms of Use apply to all services provided through our Sites and any other software application we operate, and all content, services, and products available at or through the Sites.

 

It is very important that you read and fully understand these Terms of Use before using the Sites. By agreeing to these Terms of Use and using the Sites, you are entering into a legally binding contract which will impact your rights.

 

By accessing any part of the Sites, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Sites or use any services available on the Sites.

 

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Sites.

 

Users acknowledge and agree that, where Lingo Legend has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

 

Nothing in these Terms of Use creates any relationship of employment, agency, or partnership between the involved parties.

 

Lingo Legend is provided by:

 

Hyperthought Games Inc.,

229 Andrews Trail

Milton, ON, Canada

L9T 6S6

 

Owner contact email: help@lingolegend.com

 

2. SERVICES AVAILABLE ON THE SITES

 

Without restriction, we generally offer the following services through the Sites (collectively, the “Services”): provide educational mobile games that can be downloaded with limited access for free. A subscription is required for unlimited access.

 

"Lingo Legend" refers to

 

  • lingolegend.com, including its subdomains and any other website through which we make its service available;

  • applications for mobile, tablet and other smart device systems;

  • the Services;

  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Services, as well as any related documentation;

 

The services we offer are subject to change over time. By using the Sites, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

 

The Services may contain links to third-party websites, advertisers, Services, special offers, or other events or activities that are not owned or controlled by Lingo Legend. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Services. If you access any third party website, Services, or content from Lingo Legend, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Lingo Legend shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, Services, or content.

 

The Services may include advertisements, which may be targeted to the content or information on the Services, or other information. The types and extent of advertising by Lingo Legend on the Services are subject to change. In consideration for Lingo Legend granting you access to and use of the Services, you agree that Lingo Legend and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others

 

3. PURCHASE VIA APP STORE

 

Lingo Legend or specific Products available for sale on Lingo Legend must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

 

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

 

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

 

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by Us.

 

Contract duration

You can cancel at any time and your subscription will not auto-renew, but you will still have access to the paid version of the app until the end of the current subscription period. Refunds must be handled through the app store.

 

 

Subscriptions

Subscriptions allow Users to receive a product continuously or regularly over a determined period of time.

 

Paid subscriptions begin on the day the payment is received by the us.

 

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

 

Subscriptions handled via Apple ID

Users may subscribe to a product using the Apple ID associated with their Apple App Store account by using the relevant process on Lingo Legend. When doing so, Users acknowledge and accept that

 

  • any payment due shall be charged to their Apple ID account;

  • subscriptions are automatically renewed for the same duration unless the User cancels before the current period expires;

  • any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;

  • subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms of Use.

 

Automatic renewal

Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms of Use and/or Lingo Legend.

 

The renewed subscription will last for a period equal to the original term.

 

Termination of subscriptions

Recurring subscriptions may be terminated at any time by using the corresponding controls inside Lingo Legend.

 

Termination notice

If the notice of termination is received by us before the subscription renews, the termination shall take effect as soon as the current period is completed.

 

4. TERMINATION OF ACCOUNT

 

Users can terminate their account and stop using the Service at any time by doing the following:

  • discontinuing your use of the Sites; and/or

  • directly contacting us at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

 

5. ACCOUNT SUSPENSION AND DELETION

 

We reserve the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms of Use

 

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

 

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

 

6. RIGHTS REGARDING LINGO LEGEND CONTENT - All rights reserved

 

We hold and reserve all intellectual property rights for any such content.

 

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Services.

 

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on The Sites, nor allow any third party to do so through the User or their device, even without the User's knowledge.

 

Where explicitly stated on The Sites, the User may download, copy and/or share some content available through The Sites for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by us are correctly implemented.

 

Any applicable statutory limitation or exception to copyright shall stay unaffected.

 

7. LIMITATION OF LIABILITY

 

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Sites.

 

Your use of the Sites is at your sole risk. The Sites is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Sites will be uninterrupted, secure or error-free.

 

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

 

8. INDEMNIFICATION

 

You agree to indemnify and hold harmless HYPERTHOUGHT GAMES INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Sites, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Sites.

 

9. SECURITY BREACHES

 

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Sites are kept secure and confidential.

 

You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.

 

We will investigate any breach of security on the Sites that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

 

10. WARRANTIES AND REPRESENTATIONS

 

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Sites.

 

11. COMPLIANCE WITH LAWS

 

You represent and warrant that:

 

i. You have the authority to bind yourself to these Terms of Use;

 

ii. Your use of the Sites will be solely for purposes that are permitted by these Terms

of Use;

 

iii. Your use of the Sites will not infringe or misappropriate the confidentiality or

intellectual property rights of any User or third party; and

 

iv. Your use of the Sites will comply with all local, provincial and federal laws, rules

and regulations, and with all policies posted on the Sites.

 

You must only use the Sites for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Sites. You may use the Sites on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

 

12. AGE RESTRICTIONS

 

Users under the age of 18 are permitted to access and use the Sites, but are prohibited

from submitting any personal information or other information that may be used to

identify them. Users under the age of 13 are only permitted to access and use the Sites

with the express permission of a parent or guardian.

 

 

13. GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms of Use and any access to or use of the Sites shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario. If any claim, dispute or controversy occurs between HYPERTHOUGHT GAMES INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute should be first resolved through amicable dispute resolution. Users may bring any disputes to us and we will try to resolve them amicably.

 

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Sites or the Services, Users are kindly asked to contact us at the contact details provided in this document.

 

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to help@Lingo Legend.com. We will endeavour to process the complaint without undue delay and within one week of receiving it.

 

Where a dispute cannot be resolved amicably, disputes shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or HYPERTHOUGHT GAMES INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

 

14. WAIVER OF CLASS ACTION

 

By using the Sites, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against HYPERTHOUGHT GAMES INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Sites. Where applicable, you hereby agree to opt out of any class proceeding against HYPERTHOUGHT

GAMES INC. otherwise commenced.

 

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

 

15. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Sites. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Sites. Your continued use of the Sites will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

 

b. ASSIGNMENT

 

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

c. NO WAIVER

 

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

 

d. NO AGENCY

 

The parties to these Terms of Use are independent contractors and are not partners or agents. HYPERTHOUGHT GAMES INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Sites.

e. SEVERABILITY

 

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

f. ENTIRE AGREEMENT

 

These Terms of Use, in conjunction with all policies and guidelines available on the Sites (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and HYPERTHOUGHT GAMES INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

 

16. QUESTIONS ON THESE TERMS OF USE

 

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address:

help@lingolegend.com

 

17. CONFIRMATION OF AGREEMENT TO TERMS OF USE

 

BY PROCEEDING TO USE THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ,

UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY

POLICIES AND NOTICES POSTED ON THE SITES.