Terms and Conditions

Brainy Arkies Terms of Service

Welcome to Brainy Arkies (the “Game”). Brainy Arkies is a gaming app owned, released and made available for general download by Marshall Cavendish Education Pte. Ltd. (“MCE”, “we”, “us” or “our”). By creating an account with us (the “Account”), downloading, accessing and/or using the Game, and/or by visiting or browsing our website at http://www.brainyarkies.com/terms-and-conditions (“Site”), you agree that you have read, understood and agree to be bound by:

  1. these Brainy Arkies Terms of Service (“Terms of Service”);
  2. our Group Terms of Use at http://www.fraserandneave.com/terms-of-use (“Group Terms”); and
  3. our Group Privacy Policy at http://www.fraserandneave.com/privacy-policy (“Group Privacy Policy”),

all of which together constitute the entire agreement (the “Agreement”) between us in relation to your access and use of the Game and Site. If you do not agree to be legally bound by the Agreement, you are not permitted to access or use the Game or Site, or any part thereof. If you have already downloaded the Game and do not completely agree with the Agreement (or any of its revisions), you must immediately delete the Game from any device owned or controlled by you (the “Device”) and stop accessing and/or using the Site.

1. General

1.1 Interpretation: Unless otherwise defined herein, capitalised terms used in the Agreement shall be as defined in the Group Terms and/or Group Privacy Policy, as applicable: “Game” is as defined above and includes the content and services made available on or through the Game, and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time. “Service” means the Game and all features, services and applications offered by us in relation thereto, including such as may be accessible or made available through the Game, the Site or otherwise. “User Content” means any artwork, ideas, plans, drawings, graphic representations, animations, designs, information, files, data, text, graphics, photographs, usernames, profiles, audio, video, items, links, feedback, comments, submissions, and/or any other content or materials (or their selection and arrangement) that you submit, post or upload to, or make available and/or display on the Game, Service and/or Site, or that you submit to us through any other channel (including by post, email, social media and/or messaging services).

1.2 If you accessed or downloaded the Game from any app store or distribution platform (such as the App Store and/or Google Play), then you acknowledge and agree that you must also comply with applicable terms and conditions imposed by such third party providers.

2. Account Registration

2.1 In order to access and play the Game, you will have to create an Account. You can create an Account by registering directly with us, or by signing up through your pre-existing third-party account which is supported by us (such as your Google or Facebook account). Where you select to register with your pre-existing third-party account, we will create your Account by extracting from your pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable third-party account permits us to access.

2.2 We reserve the right, in the exercise of our sole discretion, to refuse to offer access to or use of the Game to any person or entity, refuse any Account application, to suspend or terminate any Account and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you.

2.3 You agree to keep your Account information accurate, complete, and up-to-date. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorised use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

3. Eligibility

3.1 You confirm that if you are below 18 years of age, that you have the full consent of your parent or guardian to use and access the Service and to enter into the terms and conditions in this Agreement.

3.2 If you are the parent or legal guardian of a child under the age of 18, you are agreeing to the Agreement on behalf of yourself and your child(ren) who is/are authorised to use the Service pursuant to the Agreement.

4. Patches and updates

4.1 We may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Depending on the update, you may not be able to play the Game until you have downloaded such updates or the latest version of the Game and accepted any new or additional terms. Alternatively, we may update the Game remotely including such part thereof as may be residing on your Device, without your knowledge, and you hereby grant us your consent to deploy and apply such patches, updates and modifications.

5. Virtual Currencies/Goods

5.1 The Game may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Game may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us using either “real money” or Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

5.2 During the term of your license to play the Game, you have the right to redeem your Virtual Currency for selected Virtual Goods. If you are the parent or guardian accepting the Agreement on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently.

5.3 Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable or transferable, except in our sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Game.

5.4 We retain the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at our sole discretion. Prices and availability of Virtual Goods and Virtual Currency are subject to change without notice.

5.5 We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Currency and/or Virtual Goods lost due to any cancellation, suspension or termination of your Account or the Agreement. You acknowledge that you will not receive money or other compensation for any unused Virtual Currency and/or Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.

6. Subscription Plan

6.1 We offer a range of subscription plans for the Service (each a “Plan”). You agree that depending on the Plan you select, the services, privileges, content and features made available to you on the Service, and the fees chargeable for the use of the Service, will differ. We reserve the right, in the exercise of our sole discretion, to make changes to any Plan, or to add a new or remove an existing Plan without liability to you.

6.2 Each subscription period for a Plan will be based on the subscription period sold (e.g. 12 months, 6 months, 1 month etc.) (“Subscription Period”). Upon your purchase of a Plan, you will be billed in advance for all subscription fees payable for the entire Subscription Period (“Subscription Fees”). You agree that no refund of the Subscription Fees will be given under any circumstances, including if you cancel the Plan at any time prior to the end of your current Subscription Period.

6.3 At the end of your current Subscription Period, unless you have cancelled your Plan in accordance with Clause 7, your Plan will automatically renew for a subscription period equal to your prior Subscription Period, and the applicable Subscription Fees will be billed to you based on the billing details and preferred payment option you have on record with us, iTunes or Google Play Store (as the case may be). If Subscription Fees for the upcoming renewal Subscription Period are not paid before the end of your current Subscription Period (for example, where your payment method is declined, your billing details are wrong, or if we are otherwise unable to successfully charge your payment method to renew your Plan), you agree that we may cancel your subscription or allow it to lapse, and/or that you may lose access to certain features of the Service and data relating to your gaming progress.

6.4 To view specific details of your Plan, including pricing information and the end date of your Subscription Period, please refer to http://www.brainyarkies.com/terms-and-conditions, your Account or contact us at support@brainyarkies.com.

7. Subscription Cancellation

7.1 You may cancel your Plan at any time during the Subscription Period, by following the applicable instructions on iTunes, Google Play Store, and/or our Site, depending on where you downloaded the Game from.

7.2 Upon cancelling your subscription, you will no longer be able to gain access to certain features (e.g. premium features) of the Game, although some data/information may still be stored in your Account.

7.3 We reserve the right to modify, cancel and/or limit the Subscription Period for any Plan without notice at any time.

7.4 You acknowledge that uninstalling or removing the Game from your Device will not end your subscription, and that you must cancel your subscription in order to do so.

8. Free Trial

8.1 We may from time to time, offer users free trials of the Service. If you register for a free trial of the Service (“Free Trial”), we will make the Service (or parts thereof) available to you on a trial basis free of charge for fourteen (14) days from the date you register (this date inclusive) (or such other time period as we may specify) (“Free Trial Period”), if not earlier terminated at our sole discretion. The Free Trial is available only to users who have an Account with us, and may be subject to additional terms and conditions.

8.2 While you may not be required to enter billing information in order to sign up for the Free Trial, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. Unless you provide billing information and paid Subscription Fees for the Plan subscribed before the end of the Free Trial Period, you will lose access to certain features of the Service and data relating to your gaming progress.

9. Communication Channels

9.1 The Service may provide communication channels such as and including forums, communities, message boards or chat areas (“Communication Channels”) designed to enable you to communicate with other users. We have no obligation to monitor these Communication Channels but may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are not endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstance be liable for any activity within Communication Channels, and you participate in the same at your own risk.

9.2 You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Additionally, we may monitor, record, review, modify and/or disclose your communications on the Communication Channels, without notice to you, and you hereby consent to such monitoring, recording, review, modification and/or disclosure.

9.3 We are not responsible for User Content, personal data or other information that you choose to share on the Communication Channels, or for the actions of other users.

10. Rules of Conduct/Usage

10.1 You shall use the Service in a lawful manner at all times and hereby undertake NOT to do any of the following in connection with your use of the Service:

post, upload, transmit or otherwise disseminate information that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable or offensive;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, or make personal attacks against other users or statements that are racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
upload, post, publish, distribute, disseminate or otherwise transmit any content in breach of any law or any obligations under contractual or fiduciary relationships (including obligations of confidentiality);
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
infringe our, or any third party’s Intellectual Property Rights, rights of privacy or publicity, or any other rights including using, uploading, transmitting, distributing, or otherwise making available any information through the Service in any manner that infringes such rights;
attempt to obtain passwords or other private information from other members;
access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
attempt to probe, scan, or test the vulnerability of our systems or networks or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent technological measures implemented to protect the Service or Content;
attempt to access, search or download the Service or Content, through the use of any technology or means other than those provided or authorised by us (including automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, index, copy, or mirror the Service or Content or portions thereof;
attempt to decipher, decompile, disassemble, or reverse engineer the Game;
frame or link to any part of the Site or Service without our written permission;
take any action that imposes, or may impose in our opinion, an unreasonable or disproportionately large load on our infrastructure;
do anything that would interfere with, alter or disrupt the Service or the operation of the Site, or the servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or inhibit or interfere with another user’s use and enjoyment of the Service;
violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
do anything that would interfere with or disrupt the Service or servers or networks connected to the Service servers, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfere with another user’s use and enjoyment of the Service; and/or
attempt to gain unauthorised access to the Service, other users’ accounts on the Service, user passwords, private or personal information of users of the Service, or private mailing lists on the Service through password mining or any other means.

10.2 Failure to comply with any provision under the Agreement constitutes a material breach. We will determine, in our discretion, whether a breach has occurred through your use of the Service. Where we determine that such a breach has occurred, we may take such action as we deem appropriate including:

immediate, temporary or permanent removal of any content uploaded by you;
immediate suspension or termination of your access to and/or use of the Service or any part thereof;
issuance of a warning to you;
instituting legal proceedings against you for such breach; and/or
disclosure of such information related to the breach to law enforcement authorities as we may feel is necessary.
You agree that we need not provide you notice before terminating or suspending your Account.

11. User Content

11.1 You hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, display, reproduce, modify, adapt, publish, broadcast, distribute, exploit and create derivative works of your User Content in whole or in part, for any purpose as we may require in our sole discretion, including for commercial, non-commercial and/or promotional use. You warrant that the use or reproduction of your User Content by us will not violate or infringe the rights of any third party, and you hereby agree to indemnify, defend and hold us harmless for all claims, liabilities, damages and expenses (including legal fees and expenses on a solicitor-client basis) arising from your breach of this warranty.

11.2 Each user of the Service is responsible for the User Content that it uploads or posts on the Service and we make no warranty as to its accuracy, quality, legality or integrity. You agree that we will not under any circumstances be liable for any User Content, including errors or offensive material in any User Content.

11.3 We have no obligation to regulate User Content but may do so. We reserve the right to review all User Content on the Service and to remove any User Content for any reason in our sole discretion without notice.

12. Limited License to Use the Game

12.1 Subject to your agreement to and continuing compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and install a copy of the Game on any compatible Device and to run such copy of the Game solely for your own personal, non-commercial entertainment purposes. You may not use the Game for any other purpose, or in connection with any other software.

12.2 You may not:
copy, modify, or create derivative works based on the Game;
distribute, transfer, sublicense, lease, lend, or rent the Game to any third party;
reverse engineer, decompile, or disassemble the Game;
make the functionality of the Game available to multiple users through any means;
use, develop or distribute counterfeit Virtual Goods or Virtual Currency;
cheat or use, develop, distribute, or publicly inform other users of “auto” software programs, “macro” software programs, “cheat utility” software program or applications, or other software or applications which are designed to modify the Game experience to the detriment of fair play; and/or
exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage.
You acknowledge that rights in the Game are licensed (not sold) to you, and that you have no rights in or to the Game other than the right to use it in accordance with the terms set out in the Agreement. You acknowledge that you have no right to have access to the Game or any part thereof in source-code form.

13. Termination

13.1 The Agreement is effective until terminated. You may terminate the Agreement by deleting the Game from your Device and terminating all your accounts registered with us in respect thereof.

13.2 We may cancel, suspend, or terminate your Account, the Agreement, your access to your Virtual Currency and Virtual Goods, the Site and/or the Service, with or without notice for any reason, or for no reason. Without limiting the foregoing, circumstances or factors which may result in the cancellation, suspension or termination of your Account include the following:

if you breach the Agreement;
if we suspect fraud or misuse by you of Virtual Currency, Virtual Goods or the Service;
if we suspect any other unlawful activity associated with your Account;
if we determine that we need to so act to protect the Service, our systems, the Game, any of our users, or our reputation; and/or
you engage in inappropriate communications with a user.

13.3 In the event of any termination of your use of the Service for any reason whatsoever, you shall not be entitled to any refund of any payments made by you (including for the Game, the Virtual Goods and/or Virtual Currencies).

13.4 Upon termination for any reason, all rights granted to you hereunder shall terminate immediately, and:
you must immediately cease accessing or using the Service;
you must immediately uninstall, delete or remove the Game from the Device, destroy all copies of the Game (and Content) in your possession, custody or control and, if required by us, certify to us in writing that you have done so; and
we may remotely access and remove the Game from the Device.

14. Disclaimers and Limitations of Liability

14.1 Without prejudice to the disclaimers of warranties in the Group Terms, you acknowledge and agree that the Game and the Service are provided on an “as is,” “as available” basis, and we do not warrant that the Game or the Service will be uninterrupted or error-free, that defects will be corrected, or that the Game or Service are free of viruses or other harmful components.

14.2 Without prejudice to the limitations of liability in the Group Terms, neither we nor our licensors, parent, subsidiaries, affiliates shall be liable to you in any way for any loss or damage of any kind arising out of the Game or any use of the Game, including loss or corruption of data on your gaming progress, player characters, user standings, Virtual Currencies/Goods, profile, scores, ranking and/or history with respect to the Game.

15. Collection, use and disclosure of information

15.1 When you install our Game and/or use our Service, we may collect, use and disclose the information you provide us, or which we obtain from your use of the Service, in accordance with the terms of the Group Privacy Policy. Without prejudice to the generality of the provisions in the Group Privacy Policy, such information may include:

personal data including your name, profile picture, and email address;
non-personal data including information about the hardware you may own, your favourite websites, friend information (such as friends of yours that are also connected to our Service), your physical location and that of your Device;
aggregate information including internet protocol addresses, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity;
game play information such as your high scores or game session duration;
information on your activities on the Service, including chat logs; and/or
identification information about your Device, IP address(es) and operating system(s),and the purposes for which such information is collected, used and disclosed include:
improving the Game and/or the Service;
policing and enforcing the provisions of the Agreement;
monitoring third party programs running concurrently with the Game, in order to detect the use of unauthorised third party programs; and/or
where we believe that doing so is necessary for protecting your safety or the safety of others.

15.2 Third party applications, software, social networks and services (e.g. Facebook, Google) (“Third Party Services”) may be used in conjunction with or accessed in the course of the use of the Service, for purposes which include signing up for an Account, inviting other parties to play the Game and the gifting of Virtual Goods to other users. Information may be collected from you through or provided to us by such Third Party Services, and you consent to the collection, use and disclosure of such information in accordance with the relevant Third Party Service’s terms and policies, including in the manner set out below:

Facebook
The Service connects with your account on the Facebook social network, provided by Facebook, Inc. In addition, the Service may ask for some Facebook permissions allowing it to perform actions with your Facebook account and to retrieve information, including Personal Data, from it. The permissions asked include the following:

Public Profile
First Name
Last Name
Email
Date of Birth
For more information about Facebook permissions, please refer to the Facebook permissions documentation at https://developers.facebook.com/docs/facebook-login/permissions and to the Facebook privacy policy at https://www.facebook.com/about/privacy.

Google
The Service uses services operated by Google in the operation thereof. You agree that your Personal Data may be disclosed to Google in order to enable Google to provide the services necessary to support the Service and/or allow it to work as we intend. Additionally, Google may use the data collected from you to contextualise and personalise the ads of its own advertising network. For information on how Google collects and use your information, please refer to their Privacy Policy at http://www.google.com/privacypolicy.html.

15.3 If your child is under the age of 13, you understand and agree that we may provide information submitted to us, or collected via the Service to third parties (including third-party security monitoring services, web-hosting companies and payment processors) who use such information for the purpose of supporting our provision of the Service, and you consent on his/her behalf to our collection, use and disclosure of his/her personal information in accordance with the Agreement and our Group Privacy Policy.

15.4 We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, our cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimise online advertising. Beacons enable us to recognise a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.

15.5 For more information on the collection, use and disclosure of your information, please refer to the Group Privacy Policy, which is hereby incorporated into the Agreement in its entirety, save that any requests and queries relating to Personal Data given in connection with the use of the Site, shall be addressed and directed to MCE’s Data Protection Officer at dpo@marshallcavendish.com.
Effective date: 1st Nov 2016
Last updated: 1st Nov 2016