Terms and Conditions

 

Welcome to MathsIQgames.com. Please note that our website and all its sub-domains are owned and run by AvroraGames.  The visitor/customer or their agents are represented by ‘you’, ‘your’, ‘user’ and ‘subscriber’ are in accordance with our terms and conditions governing all our games, programs and other ‘services’.  Terms and conditions may also be represented as ‘Terms’ or ‘Agreement. By using our services and features, you imply that you are 18 years of age (or above) and are liable to be bound legally into our Agreement.

 IF YOU DON’T AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS OR OUR PRIVACY POLICY, OR ARE UNABLE TO UNDERSTAND THE SAME, PLEASE STOP USING OUR SERVICES AND LEAVE THE WEBSITE. ANY VIOLATION OF THE AGREEMENT WOULD RESULT IN THE TERMINATION OF ALL YOUR ACCOUNTS.

We reserve the right to modify our terms and conditions on a periodic basis. Any changes made in our agreement would reflect in the ‘Terms of Service’ webpage.  Additionally, the company will also notify you of these changes through email.  Your subsequent use of our website and services represents your consent to comply with the revised terms and conditions.  You are advised to review the same on a regular basis.

 

Web Content/Materials

All contents displayed on our website would be safeguarded by trademark and copyright laws pursuant to US and international laws.  These include graphics, text, games, articles, photographs, applications, images, examples and audio/video services, among others. The user may not reproduce, modify, revise, transmit, resell, distribute, display or manipulate any materials, software or other content either partially or on their entirety.

You hereby agree to comply with all copyright and/or trademark rules outlined by our Terms and Conditions, and are disallowed from accessing the content our website for purposes other than personal use.  You also agree not to download, copy or record the content without seeking our prior consent.

Our Terms and Conditions also prevent you from cracking or altering any flash (.SWF) files, algorithms, logarithms, or other data recorded in the flash files or in the servers.  All these constitute the company’s propriety information and are protected by our Agreement.

 

REGISTRATION INFORMATION

Upon completing the registration, you agree to become a user or member of MathsIQgames.  This membership entitles you to access the website’s content, services and other privileges. Your failure to provide us with complete, accurate and updated information could lead to an immediate closure of the Account(s).

Visitors are required to maintain the secrecy of their Account(s), especially password.  They will also be required to undertake full responsibility of all activities pertaining to their Account(s) and its safety. You also agree not to hold us liable for any illegal use of Account(s).

We reserve the right to refuse registration of, or cancel an Account(s) using our discretion.

 

LICENSE

MathsIQgames grants you a non-exclusive, personal, non-sub licensable, non-transferable and revocable license to access the Site and its content as per the terms and conditions outlined in the Terms of Service other guidelines as may be displayed on the Site.

 

EMAILS

By registering with the company, you agree to get periodic newsletters and other information from you.  This includes issues relating to customer service and product offers. You can choose not to receive certain email correspondences; however, we have the right to email you at any time about matters pertaining to your association with us.

 

FEES AND TRIAL MEMBERSHIP

Some of our Services require fee payment. Subscriber shall be liable to pay fees as mentioned on the Site relating to the Services opted for by the Subscriber. The Company can also modify its price list and impose new fees at any stage, upon ten days notice to Subscriber, which can be communicated via email or mentioned on the website. If you find any of these increased rates or changes unacceptable, you can cancel your subscription by clicking the “Your Account” link. However, we are not obligated to refund any fees which might have been accrued to your Account prior to its cancellation.

You can pay subscription fees using a valid credit card which is either under your name, or one which you have been authorized to use. Recurring subscription fee paid using credit card would automatically renew, which is why you must cancel your subscription before the beginning of the next applicable period. You also agree to inform the Company of the changes made to the credit card is there are any outstanding subscriptions.

We may offer a free trial membership or various other promotional offerings from time to time. If you accept this free trial membership, we will bill your credit card at the conclusion of the free trial or in accordance with our terms and conditions. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period.

 

SERVICE ACCESS

The Company may provide Services as are selected by Subscriber through the process explicitly mentioned on the Site, solely for own personal use. Services include, any offering of content displayed on the website. The Company may modify, suspend or discontinue the Services such as database, feature or other related content at any stage. The Company may also limit certain features or prohibit your access to all Services without prior notice.

YOU CERTIFY THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE 18 YEARS OLD (or above).  You also certify that if you are an entity, you have the right to create an Account (or Accounts) and access the website on the subscriber’s behalf. You hereby also agree that you reserve the right to use the website, and assume total responsibility for your decision to do so.

You will also be solely responsible for receiving and maintaining ancillary services/equipment required to use the Site or its Services. These include but are not limited to software, hardware, internet access, long distance and local telephone service.

OTHER WEB SITES

Our website does contain links to several other sites, but does not endorse them. We do not assume any responsibility for the availability, accuracy, content, privacy, associated links, security practices or services affiliated with these third part websites. MathsIQgames would not assume any liability for any possible loss arising after the use of any such content. You hereby agree to visit these websites, and access their content voluntarily.

 

WARRANTY DISCLAIMER.

 

THE COMPANY AND ITS AFFILIATES, PARENTS, PARTNERS, OFFICERS OR EMPLOYEES DISCLAIM ALL WARRANTIES, IMPLIED OR EXPRESS, PERTAINING TO THE SITE. THESE INCLUDE, WITHOUT LIMITATION, IMPLIED WARRANTIES, OR NONINFRINGEMENT. YOU HEREBY AGREE THAT THE USE OF THIS SITE AND ITS SERVICES ARE AT YOUR OWN PERIL, AND  THE CONTENT, SERVICES , SITE AND ANY OTHER RELATED CONTENT ARE PROVIDED ON WITHOUT WARRANTIES, EITHER IMPLIED OR EXPRESS. WE MAINTAIN THIS WEBSITE ON A REASONABLY COMMERCIAL BASIS AND DO NOT GUARANTEE YOUR ACCESS TO ITS CONTENT/SERVICES. THE SERVICES/INFORMATION COULD HAVE ERRORS, BUGS OR OTHER PROBLEMS. YOU THEREBY AGREE TO USE THE WEBSITE AND ITS SERVICES AT YOUR PERIL. THE COMPANY WILL NOT BE REPONSIBLE FOR ANY DAMAGE ARISING FROM ANY ACCESS TO THE WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, DAMAGE CAUSED TO ANY COMPUTER.

YOU ACKNOWLEDGE THE RISK OF IMPORTANT DATA LOSS, WHICH MAY ALSO INVOLVE CATASTROPHIC DISK LOSS. YOU MAY NOT HOLD US RESPONSIBLE FOR SUCH LOSS or DAMAGE.

 

LIMITATION OF LIABILITY

UNDER NO EVENT WOULD WE OR OUR SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS OR EMPLOYEES BE RESPONSIBLE FOR THE SITE AND ITS SERVICES FOR (I) ANY EXCESSIVE FEE AMOUNT PAID BY THE USER; (II) LOST DATA/PROFITS, OR AN INABILTIY TO PERFORM Any DUTY AND; (III) ANY, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THE WEBSITE WOULD NOT WARRANT, ENDORSE OR GUARANTEE A THIRD-PARTY SERVICE PROVIDED THROUGH US.

YOU THEREBY AGREE THAT THE LIMITATION POSES A REASONABLE RISK AND FORMS A FUNDAMENTAL ASPECT OF BARGAIN BETWEEN THE WEBSITE AND YOU. THE SITE AND ITS CONTENT OR SERVICES CANNOT BE OFFERED WITHOUT THESE LIMITATIONS.

 

LIQUIDATED DAMAGES

You acknowledge that it would be unfeasible to calculate the extent of damages done to the company because of any content-related theft, and even more so if that information is malignantly used for commercial gains. You affirm that if you copy or steal without proper authorization, the Company reserves the right to extract liquidated damages to the tune of $5,000.00 per image/graphic, and $20,000.00 per application/game which is copied or stolen without adequate authorization. ANY ACTION ON THE PART OF THE WEBSITE TO EXERCISE ITS RIGHTS WOULD NOT BE CONSIDERED TO BE Any WAIVER OF ITS RIGHT TO PURSUE, THE LAWFUL REMEDIES AT ITS DISPOSAL.

 

IRREPARABLE INJURY

You acknowledge that any threatened or real breach of this Agreement by you would cause irreparable injury to Company, and would therefore entitle us to injunctive relief without any additional showing of irreparable injury or harm.

 

MEDICAL DISCLAIMER

The Company’s products and services and other Content available on the Site are not an attempt to provide medical advice. Use of this site does not establish a doctor-patient relationship. Any health information offered on the Site, whether provided by the Company or by outside providers, is only for your convenience. Please consult with your primary care physician for obtaining any medical advice.

 

PROHIBITION

With and/or without limitation, you are refrained from breaching the following features of our website and its Service, including:

(a) Accessing data or account not indented for you

(b) Attempting to scan or test the Services’ vulnerability or other associated system, or to violate security measures;

(c) Interfering or making an attempt to interfere with our service by submitting a spyware or virus, or by overloading, “mail bombing, spamming and crashing;

(d) Sending unsolicited e-mail, advertisements or promotions for unauthorized products/services;

 (e) Attempting to decompile, reverse-engineer, change, disassemble, or manipulate the source code that is used in the website. Any breach of network or system security could make you culpable for criminal and/or civil liability.

 

COPYRIGHT POLICY

All information available from this website is the property of the Company. It is safeguarded by copyright as well as intellectual property guidelines. All rights reserved.

You are prohibited from reproducing, retransmitting, disseminating, publishing, selling, broadcasting, or share the information obtained from us without our consent. You can use the website’s content for your personal and non-commercial usage alone.

 

ARBITRATION REQUIREMENT

BY USING THIS SITE AND/OR DOWNLOADING CONTENT THEREOF, YOU AGREE THAT YOU AND THE COMPANY WOULD RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION THROUGH THE JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES).

BY USING CONTENT FROM OR REGISTERING FOR OR USING THE SITE, YOU AGREE THAT NEITHER YOU NOR THE FIRM WOULD BE A PART OF ANY ARBITRAL CLAIM WITH ANY OTHER PERSON OR ENTITY IN A LAWSUIT; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR THE COMPANY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

 

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, electronic, mechanical or communications. The Company may freely assign the Terms in accordance with the laws of the state of DE.

You further consent to the personal jurisdiction of, and exclusive venue in the federal and state courts located in and serving DE as the legal forum for any dispute arising out of the Terms and Conditions and/or your access the Site and not precluded as an Arbitral Claim.

 

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service. Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements, communications and other understandings relating to the Terms of Service, and that all modifications hereto must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between the Terms of Service and any other rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion.