Date updated: May 3rd 2023
If you have any questions or concerns about MYG Star’s Terms of Service, please contact us at [email protected].
MYG Star Inc. – Terms of Service
Welcome to the MYG Star Inc. (“MYG”) Terms of Service (the “Terms”). Please read these Terms carefully because they govern your use of our website located at www.mygstar.com (the “Site”) and the MYG Star and other MYG mobile device applications (“Apps”) and online games. To make these Terms easier to read, the Site, our services, online games, and Apps are collectively called the “Services.”
Agreement to Terms
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Changes to Terms or Services:
We reserve the right to modify these Terms of Use or any part of our Services at any time, in our sole discretion. We will notify you of any changes by posting the modified Terms on the Site or Apps, and for material changes to the Terms, we will also notify you through email and by posting to the Services.
It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore.
Creating an Account:
In order to access and use the Services, you can come in with no registration and simply use a nickname, and we don’t collect any personal information from you in that process. We track your nickname to bring you back to the platform. You can also register and create an account (your “Account”) with Google or Microsoft Sign In. When creating an Account, you will not be required to provide certain personal information (PII) about yourself or establish a username and a password on our platform, but Google or Microsoft will share your email. Google and Microsoft do not share any password with us. We value your privacy and will protect your personal information in accordance with our Privacy Policy.
When using our platform, please refrain from using a username that is offensive, vulgar, obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if your account violates any provision of our Terms of Use. You are responsible for maintaining the confidentiality of your password with Google and Microsoft. You are responsible for activities that occur under your Account.
Linking Accounts:
You may link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. By linking your accounts, you expressly authorize us to access your account information from those third-party accounts on your behalf, using your username and password in some cases. We will use this information to make certain information or services available to you through the Services. By linking your accounts, you permit us to access, use, and, in some cases, store your account information to accomplish the foregoing. We will protect your personal information in accordance with our Privacy Policy.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Privacy policy
Please refer to our privacy policy for information on how we collect, use and disclose information from our users.
Content Submissions
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
MYG Star Inc. and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services
Rights in User Content
You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. By posting User Content to the Services, you grant MYG Star Inc. a non-exclusive, transferable, sublicensable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use such User Content subject to these Terms.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We ask that you respect our on-line community and other users when posting User Content and using the Services. When submitting User Content to or otherwise using the Services, you agree not to:
- submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- publish falsehoods or misrepresentations that could damage us, our users or any third party;
- publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements;
- impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
- solicit a user’s password or other account information; or
- harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.
You can remove your User Content by requesting us to delete it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Content on the Services
Subject to your compliance with these Terms, MYG Star Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
The company MYG is not held responsible for any content that violates content copyright or ownership or incurs character defamation to any third party. As soon as notified, we will remove any such content.
Inappropriate Content:
We are not responsible for harmful, offensive or inaccurate content. We cannot monitor everything, and we will not be liable for any loss or damage incurred through our platform or broadcast elsewhere.
App Terms:
You can use our apps for personal use, provided you comply with our terms. You cannot copy, modify, distribute or create derivative works of the app or its services. You cannot transfer, lease, rent, or distribute the app or services to third parties. You cannot use the app unlawfully or for unlawful purposes. You cannot use third-party boosters or effects not obtained through our services.
Our Services may change or be discontinued, and we may advertise in connection with our Services or content.
Online Game Terms:
You can access and use our online games for personal use, provided you comply with our terms. You cannot copy, modify, distribute or create derivative works of the game or its services. You cannot transfer, lease, rent, or distribute the game or services to third parties. You cannot use the game unlawfully or for unlawful purposes. You cannot use third-party boosters or effects not obtained through our services.
Contests, sweepstakes, promotions, and in-app purchases:
We may conduct promotions through our platform, and you agree to comply with any applicable rules or guidelines. We may offer in-app purchases, and you acknowledge and agree that they are solely your responsibility.
DMCA/Copyright Policy
MYG Star Inc. respects copyright law and expects its users to do the same. It is MYG Star Inc.’s policy to terminate in appropriate circumstances Account holders who infringe the rights of copyright holders.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Unauthorized Activities
Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MYG Star Inc., its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that User Content caused damage. This defense and indemnification obligation will survive these Terms and use of the Services.
Dispute Resolution
In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use, the use of our website, services, or products, both parties agree to attempt to resolve the Dispute amicably through good faith negotiations.
If the parties are unable to resolve the Dispute through negotiation within sixty (60) days from the date of written notice of the Dispute, both parties agree to participate in a mutually agreed upon alternative dispute resolution process, such as mediation or arbitration, in place of litigation. The alternative dispute resolution process shall be conducted by a neutral third-party mediator or arbitrator, in a location agreed upon by both parties.
By agreeing to these Terms of Use, you waive your right to litigate any Dispute in court or to participate in a class action lawsuit, and you acknowledge and agree that any Dispute shall be resolved through the agreed-upon alternative dispute resolution process. This agreement to participate in alternative dispute resolution does not limit either party’s right to seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Any parents that have signed up for the Brain Racers Academy, automatically renew their monthly contract, until explicitly terminated by the parent by contacting us at [email protected] or through an open communication channel they have with MYG Star Inc.
Limitation of Liability
MYG Star Inc. is not liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services, arising from or in connection with these Terms or the use of the Services or Content. This applies whether the damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and even if MYG Star Inc. has been informed of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
In no event will MYG Star Inc.’s total liability arising from or in connection with these Terms or the use of the Services or Content exceed the greater of the amounts you have paid to MYG Star Inc. for use of the Services or Content or one hundred dollars ($100), if you have not had any payment obligations to MYG Star Inc., as applicable.
These Terms constitute the entire and exclusive understanding and agreement between MYG Star Inc. and you regarding the Services and Content. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms without MYG Star Inc.’s prior written consent. MYG Star Inc. may freely assign or transfer these Terms without restriction. These Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.
MYG Star Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MYG Star Inc.
All rights and obligations hereunder will be governed by the laws of Ontario, Canada.