TERMS AND CONDITIONS
This service is only provided to those who live in one of the countries/regions shown at the top right corner of this page. If you reside outside of these countries/regions, you cannot use this service. Please select your country/region of residence and read the corresponding Terms and Conditions.
These Terms and Conditions ("Terms") set forth the terms and conditions regarding the usage of the service under the name of “Global Math Challenge” (the "Service") provided by Sony Global Education, Inc. ("SGED", "we", "our" or "us").
If you are at least thirteen (13) years old and under eighteen (18) years old, in order to use the Service, you need to have your parent or legal guardian’s consent to these Terms.If you are twelve (12) years old or younger, your parent or legal guardian or the authorized school teachermust consent to these Terms first and then register you as a permitted player of the Service (“Challenger”) under her/his user account.
If you are a parent or legal guardian or the authorized school teacher, you also affirm that you accept these Terms on behalf of,and all legal and financial responsibility and liability for the actions of, Challenger(s) you registered and you hereby expressly ratify and confirm any acts of such Challenger(s).Please see more details Section 4 (CHALLENGER REGISTRATION AND STUDENT REGISTRATION).
The term “Service” includes any and all functionality made available by SGED under the name of “Global Math Challenge”. SGED may, at its sole discretion, add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new feature added to the current Service will be subject to these Terms.
The Service may run advertisements and promotions of SGED, its subsidiaries, affiliates or third parties.
These Terms are comprised of:
- all terms and conditions set forth herein; and
- all operating rules and policies that are published through the Service from time to time; and
SGED may post a notice through the Service, or broadcast messages through the Service, to inform you of changes to these Terms, the Service, or other matters of importance. Any amendment to these Terms shall be effective immediately upon posting of the notice or broadcasting of the message. Your continued use of the Service after such posting of the notice or broadcast will reaffirm your agreement to be bound by these Terms, as amended.
In order to use the Service, you must first create the user account of the Service (“Account”) by providing SGED with complete and accurate information requested by SGED or by logging in with your user account of third party network services designated by SGED ("Third Party Service Account").
Each individual is authorized to have only one (1) Account. You are responsible for any activity on the Service that occurs under your Account. You may not use any other party’s Account when using the Service. You may not assign your Account to any third party.
4.CHALLENGER REGISTRATION AND STUDENT REGISTRATION
You may register others (including your children or school students) as Challenger(s) (up to the numbers permitted by SGED) to use the Service under your Account. In such case, you shall affirm that you accept these Terms on behalf of, and all legal and financial responsibility and liability for the actions of, Challenger(s) under your Account and you hereby expressly ratify and confirm any acts of such Challenger(s).
You must promptly notify SGED, in a form separately designated by SGED, should there be changes to the information (including Players’ information) you provided to us.
If you are an authorized school teacher, you may register your student(s) of your school (“Student”) to as Challenger(s)through your Third Party Service Account up to the numbers permitted by SGED.In order to register the Student under the age of 13 to use the Service, you shall confirm that:
- you have permission and authorization from your school and/or district to use the Service as part of your education;
Without the confirmation above, you shall not register any Student to use the Service.
Unless otherwise permitted in writing by SGED, the Service is not available to corporations or other business entities and you may use the Service only for your personal and non-commercial use.
You will not access or use the Service in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access to or use the Service that is not authorized by SGED (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized access to or use of the Service);
- introduces viruses or any other computer programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Service;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by SGED;
- interferes with anyone else's use of the Service; or
- attempts to do any of the foregoing.
If SGED determines in its sole discretion that you are violating any of these Terms, we may notify you, and use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service.
7.BILLING AND PAYMENTS
Certain features of the Service are only available on a paid basis. You shall pay all fees or charges in accordance with the pricing and billing terms in effect at the time a fee or charge is due and payable. Prices will be specified within the Service and are subject to change.
By ordering the paid features, you are agreeing to pay for all transactions made by the Account and authorizing SGED and SGED’s contractors to deduct from applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Account. SGED may charge and collect in advance for use of such paid features. SGED reserves the right to terminate the Account for failure to complete transaction payments.
SGED reserves the right to change or withdraw features, specifications, prices, services and content at any time, without notice to you. SGED DOES NOT PROVIDE ANY REFUNDS IN THE EVENT OF A PRICE DROP OR PRODUCT REMOVAL.
PAYMENTS RENDRED HEREUNDER ARE NOT REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
8.CONSENT TO ELECTRONIC COMMUNICATION
By using the Service, you are consenting to receive certain communications relating to your Account or the Service from SGED via email or via electronic messaging within the Service. You agree that such communications relating to your Account or the Service are part of the Service (including any legal service of process or similar document related to any claim that you have used the Service to engage in any prohibited conduct hereunder) will satisfy any legal communication requirements, including that such communications be in writing. We may also send you marketing communications relating to our or our business partners’ services, products and events via email subject to your consent.
SGED may have websites and services linked to or from the Service, including advertisements and promotions of third parties and SGED’s affiliated entities (“Linked Sites and Services”). These Linked Sites and Services are independently owned and maintained by such third parties and are not under the control and/or supervision of SGED. Use of Linked Sites and Services shall be subject to the terms and conditions stipulated by the operator of each Linked Site and Service. SGED is not responsible for any loss or damage, however caused, in connection with the use of any Linked Sites and Services and your access to any of the Linked Sites and Services shall be at your own risk. Nothing contained in the Service shall be interpreted as a recommendation and/or endorsement by SGED of the contents of the Linked Sites and Services or any products and/or services appearing on and/or provided through such Linked Sites and Services. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and Services and SGED.
10.INTELLECTUAL PROPERTY RIGHTS
Any and all rights, title and interest (including all intellectual property rights) with respect to the Service, the technology, information, software, documents, contents, files, websites or other products developed in connection with the Service from time to time.
You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.
SGED takes great care in maintaining the security of your personally identifiable information and in preventing unauthorized access through the use of appropriate technology and internal procedures. However, SGED does not guarantee that unauthorized access will never occur. To the maximum extent permissible by law, you waive any claim against SGED because of any unauthorized access.
13.TERMINATION; CANCELLATION; SUSPENSION
If SGED determines in its sole discretion that you or Challenger you registered have violated these Terms, SGED may take all actions to protect its interests, including termination or suspension of your Account or permanent or temporary disablement of any system or device through which you receive the Services or reliance on any other remedial efforts as necessary to remedy the violation.
After your Account is terminated, you will not be able to access the Service. Any information in connection with the Services will not be accessible by you or Challenger. SGED reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information.
Unless as otherwise stated in these Terms, SGED, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.
14.WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
No warranty is given about the quality, functionality, availability or performance of the Service. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. SGED does not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of these Terms, SGED expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.
SGED assumes no liability for any inability to purchase, access, download or use any content, data or service.
YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE SERVICE OR IN CONNECTION WITH THESE TERMS AND SGED'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO THE SERVICE SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT ACTUALLY PAID FOR THE SERVICE. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SGED EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You acknowledge that the Service may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service.
You agree to indemnify and hold SGED, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against all claims, demands and expenses, including attorneys' or experts’ fees, made by any third party due to or arising from:
- your use of the Service;
- your violation of a third party's privacy rights; or
- your violation or infringement of a third party's copyright, trademark, trade secret, patent or other intellectual property right.
16.GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL
These Terms shall be governed by the laws of Japan, without regards to conflict of laws provisions. Any dispute arising out of the Terms shall be subject to the exclusive venue of the Tokyo District Court in Japan, and the parties hereby consent to the venue and jurisdiction of such courts. EACH OF SGED AND YOU HEREBY WAIVES TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OR THE SERVICE.
These Terms constitute the entire agreement between you and SGED with respect to the Service, and supersede any other agreement, proposals or communications, written or oral, between you and SGED with respect to the Service.
If a court of competent jurisdiction holds that any provision of these Terms is illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of these Terms, with the other provisions remaining in full force and effect.
Any failure by SGED to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such rights or provision unless SGED acknowledges and agrees to it in writing, and then it shall constitute a waiver of the particular instance.
SGED may assign these Terms to any third party at its sole discretion. You may not assign or sublicense the rights granted under these Terms without the prior written authorization of SGED.
Unless unenforceable due to applicable law, you agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose or such cause of action is permanently barred.
Last Updated: 02/01/2016