Terms of Use

LIONSHEART STUDIOS PTY LTD

TERMS AND CONDITIONS OF USE

These Terms and Conditions govern the use of the Product (defined below) by a User referred to as User, you, your. The Product is provided by LionsHeart Studios Pty Limited (ACN: 169 410 459) referred to as Lionsheart, we, us, our.

This page outlines the general conditions of access to and use of all LionsHeart resources, online programs and services, and related events.

Acknowledgment and acceptance of general conditions

These conditions apply to all Users, irrespective of their licence to access the Product being:

• purchased by an Education Organisation on behalf of Students and Educators; or
• purchased directly by an Educator, a Student or a parent; or
• granted for free by us to an Education Organisation, an Educator, a Student or a parent.

For a Student who is under the age of 18, permission to access and use the Product must be sought and obtained by the Student’s affiliated Education Organisation or directly by the Student from the Student’s parent or guardian who must review and agree to these Terms and Conditions before the Student is provided with access to the Product.

Introduction

We operate the website located at www.playconomics.com

This is the site through which you are able to access the Product and participate in the Site and the Game.

Definitions

In these Terms and Conditions:

Education Organisation means an organisation which provides educational courses to Students and includes a

• provider of secondary education;
• provider of tertiary education; and
• a research institute.

Educator means a person who

• is a member of the staff (i.e., an employee or contractor) or affiliated member of staff of an Education Organisation; and
• is teaching a course for which they have required their Students to access the Product.

Game means the interactive Playconomics video game.

Product means the interactive Playconomics product comprised of the Game, the Site, and the Service (individually or together, as the context may require).

Service means the online Playconomics tutorial facilities that are part of the Site.

Site means the Playconomics website located at www.playconomics.com.

Student means a person who

• is enrolled in an Education Organisation; and
• participates in a course for which an Education Organisation and/or an Educator has adopted the Product.

Term means the period of time during which you are able to access and use the Product.

User means an Education Organisation, an Educator, a Student and any other party who accesses and uses the Product.

User Fees means fees and charges payable by you to us for accessing and using the Product.

When are these Terms and Conditions binding on you?

If you proceed to access or use the Product then you are deemed to agree to these Terms and Conditions. If you do not wish to agree to these Terms and Conditions then you are prohibited from accessing or using the Product (and you must not do so).

These Terms and Conditions form a binding agreement (this Agreement) between you, the User, and us (Lionsheart) as to the use of the Product.

When you accept these Terms and Conditions and register an account you will be able to access and use the Product (including participating in the Site and the Game) according to the access level you are given, either as a Student or an Educator.

The Term during which you can access and use the Product depends on the level at which you are participating:

• For a Student, the Term expires once the semester or trimester for which the Educator adopted the Product finishes, unless otherwise allowed by us.
• For an Educator, the Term expires once they do not renew their interest to keep using the Product in their course for a new semester or trimester.

Your information

We may retain any information you provide or generate through the Site or the Game for as long as we determine necessary or desirable. The information forms an important historical record of outcomes achieved by Users engaging with the Product 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 or generate through the Site or 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 Product.

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.

If you are a Student, you consent for your Education Organisation or Educator to provide us with your course and any course-related data, including demographics and academic performance (i.e., marks or grades) for each of the assessment tasks (including exams) related to the course in which you participated and for which you used the Product. This information may be retained and used by us, in aggregated form, for academic research purposes (including publication) and so that we can continue to improve the Product. Your name or personal information will not be published.

Establishing an account

By submitting an application to access and use the Product, you promise to us that:

• you are over the age of 18 years; or
• if you are not over the age of 18, that you have obtained the consent of your parent or guardian to access and use the Product.

As part of the registration process you will be asked to create a username and password that will enable you to activate your playconomics.com account and access the Site. The same username and password will also give you access to the Game.

You are solely responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of the username and password, including purchases, whether or not authorized by you. You are responsible for anything that happens through your account.

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 you are affiliated with.

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.

Privacy

Our Privacy Policy contains information about the way we manage the information we collect from Users through the Site and Game. Please read this before accepting our offer.

We respect your privacy.

Use of the Product

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
• make use of any Services made available through the Site as we intend from time to time.

Applicable User Fees (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. Subject always to the requirements of applicable laws, all licence purchases are non-refundable, non-returnable and may not be exchanged, even if you do not access or use the Product.

You must use the Product only for the purposes for which it is made available to you. You must comply with any further policy, rules or codes of conduct that we publish from time to time 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.

Product availability

The duration of access to the Product is set by your Educator for your specific course. During this period, we strive to have the Product 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 Product will function without interruption or error.

We may update and improve or otherwise modify the Product from time to time. Your right is to access the Product as it exists at any given time.

Changes to Terms and Conditions

We may change these Terms and Conditions, our Privacy Policy and other relevant policies from time to time by posting the amended terms on the Site. If you continue to use the Product after such changes were implemented you will be deemed to be aware of, and have agreed to, our changed Terms and Conditions, Privacy Policy, or any other relevant policy. If at any point you do not agree to any part of the then-current version of our Terms and Conditions, Privacy Policy, or any other policy, rules or codes of conduct related to your use of the Product, your right to use the Product shall immediately terminate, and you must immediately stop using the Product.

Activities not allowed

When you are accessing the Product you are required to act in a responsible and lawful manner.

Without limiting this obligation, you must not:

• allow any unauthorized use of the Product by a person who is not over the age of 18 or any third party who has not registered and agreed to these Terms and Conditions. You accept full responsibility if you allow any such unauthorized use of the Product. You are responsible for credit card charges (or similar) which are incurred by an unauthorised user;
• purchase, sell, rent or give away your account, create an account using false identity or information, or on behalf of someone else other than yourself. You must not use or attempt to use the Product if you have previously been removed by us or banned from using our Product;
• install any computer code that will, or may interrupt, destroy or limit the functionality of the Product;
• manipulate identifiers in order to disguise the origin of any communication transmitted through the Product;
• cause, permit or authorise the modification or creation of derivative works, translation or reverse engineering of the Product;
• duplicate licence, sub-licence, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information on to, or from the Product;
• use or copy information, content or data that you view or obtain from the Product to provide any services in competition with the Product;
• collect and/or post any information on or communication about the users of the Product by monitoring, interdicting or intercepting any process of the Product;
• access or attempt to access the Product by any means other than through the landing page for the Site;
• override, or attempt to override any security component in the Product;
• remove any proprietary notices from any copy of the Product;
• attempt to or actually interrupt, negatively impact on or alter the Product in any way;
• make any false, misleading or deceptive statement or representation regarding the Product;
• use the Product for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Product unless (A) you have been authorised to do so by us and (B) you comply with any terms or conditions which we may impose;
• use the Product (or any content within the Product) in any way that violates applicable law, that violates intellectual property or other proprietary rights or that is fraudulent, obscene, offensive, misleading or defamatory;
• use the Product (or any content within the Product) for gambling, betting or similar activities in which prizes or rewards can be won (directly or indirectly), including betting on the outcomes of tournaments, irrespective of whether or not there is a fee or stake involved;
• post any information that is defamatory, abusive, libelous, threatening, obscene, or offensive or otherwise objectionable in a racially, sexually, religiously manner, or create and/or engage in toxic behavior, such as by repeatedly posting information on an unsolicited basis;
• post any information that contains excessive violence, nudity, or offensive subject matter or that contains a link to such content;
• (attempt to or) harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our staff and contractors (including our customer service representatives);
• post through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation our staff and contractors.

We reserve the right to investigate occurrences which may involve any of these violations and to determine what conduct is a violation of, or otherwise outside the intent or spirit of, these Terms and Conditions. We reserve the right to suspend your access or terminate your account or prohibit you from fully or partially using the Product. We may report criminal conduct to law enforcement authorities.

Feedback

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 (including but not limited to direct contributions in the form of changes, additions and/or deletion of written text, graphs, tables, diagrams and videos) become our property at the time you create the feedback.

Limitation of liability

The Product is provided on an “as is” and “as available” basis. We make no representation or warranty of any kind, express or implied, as to the operation of the Product, or the information, content or materials in the Site or 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 Product 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 Product to you or its use.

Intellectual property

We respect the intellectual property rights of others and require you to do so as well.

We reserve all of the intellectual property rights existing in the Product and any services we provide through the Product. These intellectual property rights include but are not limited to logos, trademarks, service marks, and copyright in the content and software which enables the functionality of the Product, including but not limited to graphics, educational materials (e.g., textbooks, quizzes, videos) and game elements (e.g., gameplay, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, and recordings of games played).

We own, have licensed, or otherwise have rights to use all of the content that appears in the Product. Notwithstanding any provision to the contrary herein, you agree that you have no right or title whatsoever in or to any content that appears in the Product, including without limitation the virtual items, features, goods, or currency appearing or originating in the Site and the Game, whether earned by you or purchased from us, or any other attributes associated with an account or stored in the Product.

You acknowledge that any unauthorised copying or unauthorised use of the Product, in whole or in part, is a violation of these Terms and Conditions and is strictly prohibited.

User generated content

The Product includes functionality which enables a User to submit content (including a User’s opinion and comments on designated topics) on the Site or in the Game (including, without limitation, in forums, blogs, chat features and tutoring facilities).  This content is referred to as User Generated Content.

A User retains ownership of the copyright in their User Generated Content.

You grant to us a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free licence to use User Generated Content in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. Except as prohibited by law, you also consent to any act or omission which might otherwise be a breach of any moral rights you may have in your User Generated Content. 

You are responsible for all the User Generated Content including obtaining the consent of any third party if that is required. You indemnify us for any claim against us by any third party that your User Generated Content does not comply with the conditions below (or any other reason).

You agree that:

• your User Generated Content must be accurate and not confidential or misleading;
• your User Generated Content must not violate laws or a contract;
• your User Generated Content is original to you and will not infringe the copyright or other rights of any third party;
• you will not post, link to or otherwise publish any User Generated Content containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
• you will not post, link to or otherwise publish any User Generated Content with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment;
• your User Generated Content must not be threatening, abusive, defamatory, indecent or otherwise unlawful;
• you will not disguise the origin of any User Generated Content and not impersonate any person or entity, or misrepresent any connection with any person or entity
• your User Generated Content must be related to the Game or the Site;
• your User Generated Content must not contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Product;
• you will not collect or store personal information of another User;
• you will not restrict or inhibit another User from utilising the Product.

We do not guarantee the accuracy, integrity or quality of any User Generated Content. If you use or rely upon User Generated Content, you do so at your own risk.

We are not required to pre-screen or monitor all User Generated Content. We may however monitor and/or record your interaction with the Product for the purpose of monitoring or improving the functionality of the Product or for academic research purposes. By agreeing to these Terms and Conditions, you irrevocably consent to such monitoring and recording by us, at our discretion.

We reserve the right to remove User Generated Content from the Product at any time and for any reason, without notice to you.

Please notify us immediately if you believe that any User Generated Content breaches these Terms and Conditions by contacting us at playconomics@lionsheartstudios.com

User interactions

The Product may include functionality like forums, blogs and chat features (including tutorial facilities) where you can post User Generated Content. We do not, and are not required to moderate discussions or other content which is disseminated or shared using that functionality.

You are solely responsible for your interactions with other Users when you use the Product. If we receive a complaint about the conduct of a User, we reserve the right, (but have no obligation), to investigate and take whatever action we deem appropriate. If requested by us, you must grant us access to any password-protected portions of your account for the purpose of an investigation. We reserve the right to suspend or terminate a User’s access to the Product (in whole or in part) without advance notice or explanation if we reasonably suspect that there has been a breach of these Terms and Conditions.

If you have a dispute with another User, you indemnify and release us (and our officers, directors, agents, and staff and contractors) from any claim, demand and damage (actual and consequential) arising out of or in any way connected with that dispute.

Virtual items

The Product includes functionality which enables a User to purchase (by spending "real world" money), a limited, personal, non-transferable, non-sublicensable, revocable right to use:

• virtual currency, including but not limited to virtual cash or diamonds, for use in the Game;
• virtual in-game items, content or features, including but not limited to Game accessories or achievement badges; and
• other virtual goods or services, including but not limited to tutorial facilities.

All three items above above are jointly referred to as Virtual Items. Virtual Items are not tangible. A limited licence exists only for use of the Virtual Items for the purpose of enjoying the functionality inherent to the Product. You are only allowed to purchase Virtual Items from us and you must not participate in any secondary market for Virtual Items by:

• purchasing or offering to purchase a Virtual Item from any entity other than us (or an entity authorised by us); or
• selling or offering to sell a Virtual Item, other than in accordance with the inherent functionality of the Product.

The transfer of Virtual Items is prohibited except where expressly authorized according to the inherent functionality of the Product.

We may manage, regulate, control, modify or eliminate a Virtual Item at any time and without notice to you or any liability to you, provided that to the extent that the sale and purchase of a Virtual Item is subject to the Australian Consumer Law, we will comply with our statutory requirements under that law.

Please choose carefully if you decide to purchase a Virtual item as we do not refund or exchange simply because of a change of mind or because you did not use the Virtual Item and even after your account was voluntarily or involuntarily closed.

You agree to pay all fees and applicable taxes incurred by you or anyone using your account. The pricing of a Virtual Item (which we may change at any time) will be clearly advised to you before you complete the transaction.

Termination, suspension and restriction of account

We may terminate, suspend or restrict your account and your ability to utilise the Product, 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 Product. However, these Terms and Conditions survive any termination.

Upon termination of your account for any reason all licenses and rights to use the Product will terminate and you must de-install the Game from your computer equipment and from any other device on which it is installed.

General

If any of these Terms and 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 assign or delegate all our rights and obligations in respect of the Product without notice to you.

You may not assign any rights granted by us to you and the obligations imposed upon you when you accept these Terms and Conditions.

Nothing in these Terms and Conditions shall constitute a partnership, agency or joint venture between you and us.

These Terms and Conditions are governed by and construed in accordance with the laws applicable in New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the New South Wales courts. We make no representation that the Product is appropriate or available for use in any particular location. If you choose to access and use our Product you do so your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.

Effective December 2014