Legend Land Terms and Conditions of Use

About the Application
1. Welcome to Legend Land Multiplayer Server (Application). The Application is a Minecraft server that provides gamified therapy tools for users to access and interact with (Services).
2. The Application is operated by NeuroGames Pty Ltd ACN 652 749 392 (NeuroGames). Access to and use of the Application, or any of its associated products or services, is provided by NeuroGames, unless otherwise expressly set out in the Terms. Please read these terms and conditions (Terms) carefully. By downloading, using, displaying or installing the Application or by creating an Account, you indicate that you have read, understood and agree to be legally bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application immediately.
3. NeuroGames reserves the right to review and update the Terms in its sole discretion. When NeuroGames updates the Terms, it will use reasonable endeavours to provide you with reasonable prior written notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of, or access to, the Application following notice of any changes to the Terms constitutes acceptance of those changes. If you do not agree to any updates to the Terms you must immediately cease using and accessing the Application and receiving the Services.
User Account
1. In order to access the Services, you must first register for an account through the Application (Account). If you are considered a minor under applicable law, your parent or legal guardian is responsible for the creation of your Account and the acceptance of the Terms on your behalf and agrees that it is responsible and liable for the acts and omissions of you and anyone else using the Application via your Account.
2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. email address;
  2. residential or postal address;
  3. username;
  4. password;
  5. phone number, Minecraft Username, Minecraft Username of friends if using the group or 'party' system.
3. You warrant that any information you give to NeuroGames in the course of creating an Account will always be accurate, correct and up to date.
4. You may not use the Services and may not accept the Terms if:
  1. you are not of legal age to form a binding contract with NeuroGames; or
  2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Use of the Application

Permitted Use
1. You acknowledge and agree:
  1. you may access, display, install or download the Application only for the purpose of receiving the Services and in accordance with the Terms;
  2. to access the Application, you must have a compatible device with internet access and have an Account. You may incur data usage charges for downloading and using the Application;
  3. you have no rights in, or to, the Application or Services other than the right to use the Application and Services in accordance with the Terms;
  4. you will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  5. you must comply with all directions relating to use of the Application provided by NeuroGames from time to time;
  6. NeuroGames may make updates or changes to the Application in its sole discretion without notice to you;
  7. you have the sole responsibility for protecting the confidentiality of Account details including your password and username. Use of your password by any other person may result in the immediate cancellation of your access to the Services, unless such use is due to unauthorised access outside of your control;
  8. any use of your Account information by any third party is strictly prohibited. You agree to immediately notify NeuroGames of any unauthorised use of your Account information or any breach of security of which you have become aware;
  9. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of NeuroGames providing the Services;
  10. appropriate legal action will be taken by NeuroGames for any illegal or unauthorised use of the Application; and
  11. any automated use of the Application or its Services is prohibited.
Limitations of Use
1. You acknowledge and agree you must:
  1. not copy, transmit, distribute, reproduce, license, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever or otherwise attempt to derive the source code relating to any aspect of the Application or to merge any software or any part of any software with any aspect of the Application unless expressly permitted by the Terms;
  2. not allow a third party to use your Account or share your Account credentials with any person other than NeuroGames or as authorised by NeuroGames;
  3. not interfere in any manner with the Application or its operation;
  4. not use or access the Application using a device that you suspect has been infected by a virus or is otherwise compromised;
  5. not use the Services or the Application in connection with any other purpose not expressly permitted by the Terms;
  6. you will not use the Services or Application for any unlawful purpose or in any manner inconsistent with these Terms;
  7. not hack into or insert malicious code into the Application or destroy data, including by viruses or harmful data;
  8. not use the Application or Services in any way that could damage, disable, overburden, impair, compromise or bring into disrepute the Application or Services; and
  9. not use any data mining, gathering or extraction tools in relation to the Application.
Fees

Except to the extent expressly set out in the Terms, your use, access or installation of the Application is free of charge.
Intellectual Property
1. All information, content and material in the Application, including the Application, is protected by intellectual property laws. You must not do anything, either directly or indirectly, which interferes with or breaches those intellectual property laws or the intellectual property rights in the Application or any of its components.
2. NeuroGames is the owner or licensee of the Application. All intellectual property rights in the information, content and material published on the Application are owned by or licensed to NeuroGames. You acquire no interest in those intellectual property rights, other than as expressly set out in the Terms.
3. NeuroGames grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. use the Application to receive the benefit of the Services pursuant to the Terms;
  2. copy and store the Application and the material contained in the Application in your device's cache memory; and
  3. print pages from the Application for your own personal and non-commercial use.
  NeuroGames does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by NeuroGames.
4. You may not, without the prior written permission of NeuroGames and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party products or services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
5. You may be permitted to post, upload or transmit information and content on the Application (User Content). You grant NeuroGames a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sub-licensable right to use, copy and modify any User Content, subject to NeuroGames’ Privacy Policy.
6. You agree that you are solely responsible for all User Content that you make available on or through the Application and we may at any time in our sole discretion remove any of your User Content if we believe it will infringe, misappropriate or violate a third party’s rights, breach the Terms or any law.
Privacy

NeuroGames takes your privacy seriously and any information provided through your use of the Application and/or Services will be collected, used, stored and disclosed in accordance with NeuroGames’ Privacy Policy, which is available at: https://legendland.com.au/privacy.
General Disclaimers
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded by NeuroGames, including but not limited to:
  1. the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of any material, content or information in the Application (including the Services);
  2. the performance and availability of the Application;
  3. the compatibility of the Application with any particular hardware or software; and
  4. protection from loss, damage, corruption or degradation of any data or other material as a result of your use of the Application.
3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NeuroGames make any express or implied representation or warranty about the Services or any third party products or services referred to or incorporated in the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Application, the Services, or any of its third party related products and services (including third party material and advertisements on the Application); and
  3. costs incurred as a result of you using the Application, the Services or any third party products or services on the Application.
4. The Application and the Services are not a substitute for professional medical advice, diagnosis or treatment. The content and information provided through the Application is intended for general informative purposes only and does not consider an individual’s specific needs or circumstances. You should not disregard professional medical advice or delay in seeking treatment due to something you have read on the Application.
Limitation of liability
1. NeuroGames' total liability arising out of or in connection with the Application, the Services and these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the fees paid by you to NeuroGames under the Terms or the resupply of the Services to you (at NeuroGames’ election).
2. You expressly understand and agree that NeuroGames and its affiliates, employees, agents, contractors, contributors and licensors, will not be liable to you for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from NeuroGames’ failure to meet an applicable consumer guarantee), loss of profit, loss of opportunity, loss or damage to goodwill, loss of customers, loss of capital or loss of anticipated savings, arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. You agree that any legal liability on the part of NeuroGames will be reduced to the extent, if any, to which you contributed (either directly or indirectly) to the loss or damage incurred by you or a third party as a result of the liability.
Competitors

If you are in the business of providing similar services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of NeuroGames. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, NeuroGames will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Suspension and Termination
1. The Terms will continue to apply until terminated by either you or by NeuroGames as set out below.
2. You may terminate these Terms at any time for any reason by deleting the Application from all devices on which you have installed the Application and by notice in writing to us, requesting that your Account be deactivated.
3. NeuroGames may at any time, terminate the Terms with immediate effect if:
  1. you have breached any provision of the Terms that is incapable of remedy;
  2. you have breached any provision of the Terms that is capable of remedy, but you fail to remedy the breach within 14 days of NeuroGames’ notice requiring the breach to be remedied;
  3. NeuroGames is required to do so by law;
  4. the provision of the Services to you by NeuroGames is, in the opinion of NeuroGames, no longer commercially viable.
4. Subject to local applicable laws, NeuroGames reserves the right to suspend, remove, disable, discontinue or cancel your Account or access to all or any portion of the Application or the Services at any time in its sole discretion without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts NeuroGames’ name or reputation or violates the rights of a third party.
5. On termination of the Terms, you must immediately delete or remove the Application from any and all devices, and immediately destroy any copies of the Application in your possession or control and furnish proof of your compliance with this clause if required by NeuroGames.
Indemnity
1. any direct or indirect consequence, actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use, access or installation of the Application, the Services or attempts to do so; and
2. any breach of the Terms.
Minecraft acknowledgements
1. You acknowledge and agree that these Terms are concluded between you and NeuroGames solely, and not with Mojang AB or Microsoft Corporation (Minecraft Providers) and that the Minecraft Providers are not responsible for any part of the Application or any content within it.
2. By downloading, using, displaying or installing the Application, you agree to comply with the Minecraft EULA and the Microsoft Services Agreement and any other Minecraft usage terms and guidelines from time to time.
3. NeuroGames is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. NeuroGames and you acknowledge that the Minecraft Providers have no obligation whatsoever to furnish any maintenance and support services with respect to any part of the Application.
4. NeuroGames is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under these Terms. To the maximum extent permitted by law, the Minecraft Providers will not have any warranty obligation whatsoever with respect to any part of the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be NeuroGames’ sole responsibility to the extent caused or contributed to by NeuroGames.
5. You acknowledge that NeuroGames, not the Minecraft Providers, are responsible for addressing any claims by you or any third party relating to the Application or the possession and/or use of the Application, including, but not limited to:
  1. product liability claims;
  2. any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.
6. You acknowledge that in the event of any third party claim that the Application or your possession or use of the Application infringes that third party’s intellectual property rights, NeuroGames, not the Minecraft Providers, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim, solely to the extent caused or contributed to by NeuroGames.
7. You agree to comply with all the terms of all applicable third party agreements when using the Application.
Third party websites and applications
1. The Application may contain third party content, owned and operated by third parties, including the Minecraft Providers, who are not under the control of NeuroGames.
2. NeuroGames does not approve, endorse, recommend or sponsor said third party content, their owners or operators, or any information, graphics, materials, products or services referred to or contained on any third party content, unless expressly stated.
3. NeuroGames, to the maximum extent possible, excludes all liability for any loss or damage suffered as a result of your use of or reliance on any third party content in the Application.
4. You acknowledge and agree that the terms and conditions and privacy policies of those third party websites and applications will apply to your use of the third party content to the extent it forms part of the Application or the Services.
Confidentiality

You acknowledge and agree that the information contained in and accessed by you through the Application may be confidential information of NeuroGames. You agree to keep such information confidential and only use the information to the extent required to receive the full benefit of the Services. This clause does not extend to information on the Application which is already in the public domain, except as a result of your disclosure.
General
1. Governing Law and Jurisdiction
  
  These Terms will be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
2. Severance
  
  If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force and effect.
3. Entire Agreement
  
  These Terms, together with other documents referred to in them, constitute the entire agreement between you and NeuroGames relating to the Application.
4. Invalid or Unenforceable Provisions
  
  If a provision of these Terms is found by a court of law to be invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
5. No Waiver
  
  A provision of these Terms will not be taken to be waived except by written notice signed by you and NeuroGames.
6. Australian Consumer Law
  
  Where a provision of these Terms is subject to the Australian Consumer Law and you are a “consumer” for the purpose of such law, then NeuroGames’ power, right or discretion provided for in these Terms is to be read subject to and is to only be exercised where it is reasonably necessary to protect NeuroGames’ legitimate interests or as permitted by law.
7. Contact Details
  
  If you have any questions regarding these Terms, please contact the Application administrator by emailing: info@neurogames.com.au

Legend Land Terms and Conditions of Use

About the Application

User Account

Use of the Application

Permitted Use

Limitations of Use

Fees

Intellectual Property

Privacy

General Disclaimers

Limitation of liability

Competitors

Suspension and Termination

Indemnity

Minecraft acknowledgements

Third party websites and applications

Confidentiality

General

Governing Law and Jurisdiction

Severance

Entire Agreement

Invalid or Unenforceable Provisions

No Waiver

Australian Consumer Law

Contact Details