Terms and Conditions of Use
Welcome to Moldovan Environmental Governance Academy and our Game with Impact!
We, Moldovan Environmental Governance Academy (further "MEGA", "we", and "our"), are the organization registered in the Republic of Moldova that provides you the service of gamifying environmental education, eco-innovation development, and green entrepreneurship (further "Service") through our main product, the Game with Impact (further "Game", "Product", "gamified platform"). Your use of the Service and Product is governed by the present Terms and Conditions of Use (further "Terms"). Your access to and use of the Service and Product is thus conditional upon your acceptance of and compliance with these Terms that are binding and apply to all visitors, Green Agents, and Mission Providers.
1. Acceptance of the Terms
If you cannot or do not want to comply with all the Terms, you must not accept this Agreement and may not use our Service and Product.
2. Modification of the Terms
MEGA reserves the right to modify the Terms at any time by posting their updated version here and providing a notice by e-mail or within the Game before the changes are effective. Any new features introduced shall be subject to the Terms. Continued use of the Service and Product after any change made to the Terms will constitute Your consent to these changes.
3. Access to the Service and Product
Our Service and Product may change from time to time, as we constantly developm and improve them to provide you the ultimate gamified experience. This often happens without prior notice to you. In addition, we may temporarily or permanently stop delivering the Service and/or Product, or any features within them, to you or to users generally and may not be able to provide you with prior notice.
Thus MEGA retains the right to create limits on access and use of its Service and Product in its sole discretion at any time with or without notice.
4. Your Account
In order to access to and use of our Services and Product you should create an account within the gamified platform. It gives you access to the features and functionality that we may establish and maintain from time to time and in our sole discretion.
When you create your account, you must provide us accurate information about your personality, including name, surname, contact e-mail, etc. You may never use another user’s account without permission. Also you may not use your access to the Service and Product for any illegal or unauthorized purpose. In the use of our Service and Product you must not violate any laws in your jurisdiction, including but not limited to copyright, trademark, design or patent law.
You alone are responsible for safeguarding the login information (account name and password) that you use to access the Service and Product and for any activities or actions under your it. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and special symbols with your account in the Game. You also agree not to disclose your password to any third party. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
When you believe that your login information are stolen and your account security has been breached, you are advised to notify MEGA as soon as possible. We will send you new login information as fast as we can.
5. Your Content
While using our Service and Product you may upload your content, such as text, graphics, or other material, and share this content with other users. You are the owner of your content, but other users can access it and do many things with it: copy it, modify it, re-share it, etc. And we are not responsible for any of such activity. So, we advise you to carefully consider what you choose to upload, post, and share.
You agree not to upload, post, and share content that:
1) May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you and/or any other living being;
2) May create a risk of any other loss or damage to any individual, organization, or property;
3) Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4) May constitute or contribute to a crime;
5) Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
6) Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
7) Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or contains any information or content that you know is not correct and current.
You agree that any content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any content that we believe, in our sole discretion, violates these provisions.
Although you retain full ownership to your own content, you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license to use, copy, reproduce, modify, publish, edit, translate, share, make derivatives, display and distribute such content in connection with delivering the Service and Product to you and other users. Also we reserve the right at all times, but are not obligated, to remove or refuse to distribute any content through our Service and Product, including your content, in connection with delivering the Service and Product.
You agree to defend MEGA against any claim, demand, suit or proceeding made or brought against MEGA by a third party alleging that your content, or your use of the Service and Product in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. Also you agree to indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by MEGA in connection with any such claim, demand, suit or proceeding; provided, that we:
a) Promptly send a written notice of the claim, demand, suit or proceeding to you;
b) Give you sole control of the defense and settlement of the claim, demand, suit or proceeding, provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases MEGA of all liability;
c) Offer you all reasonable assistance at your expense.
6. Use of Content
All content that is uploaded and posted publicly or privately by the users of our Service and Product is the sole responsibility of the person or organization from whom such content originated. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user content or communications posted and shared via the Service and Product. We may not pre-screen, monitor, or control the user content posted via the Service and Product and therefore we cannot take responsibility for it. Under no circumstances will MEGA be liable in any way for any user content, or any loss or damage of any kind incurred as a result of the use of any user content within the Service and Product. Thus, if you decide to use or rely on any such content or materials posted via the Service and Product or obtained through them, it is at your own risk.
7. Use of the Service and Product
You trust MEGA in delivering our Service and Product, and we trust you to use them responsibly. Thus, you are responsible for all activities that occur under your account, whether or not they were authorized by you. Any fraudulent, abusive or otherwise illegal activity within the Game may be ground for termination of your right to access and use our Service and Product.
The use of the Service and Product for illegal purposes is expressly prohibited. Under no circumstances may your account be used to:
1) Use the Service and Product for promotion of any illegal activity;
2) Send unsolicited messages, promotions, advertisements, spam, or other materials to users on the Game or other individuals;
3) Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
4) Harass, threaten, stalk or abuse any other person or organization;
5) Create a false identity to impersonate other person or organization or otherwise misrepresent your affiliation with a person or organization in a manner that does or is intended to mislead, confuse, or deceive others;
6) Knowingly post any false, inaccurate or incomplete information;
7) Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service and Product.
9. Copyrights and Feedback
MEGA and its licensors possess the exclusive property of all right, title, and interest in and to the Service and Product, excluding the content provided by users on them. The Service and Product are protected by copyright, trademark, and other laws of both the Republic of Moldova and other countries. Nothing in the Terms gives you a right to use the name "Moldovan Environmental Governance Academy" or any of its trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or ideas you may provide regarding MEGA and/or its Service and Product is entirely voluntary and we will be free to use such feedback, comments, or ideas as we find necessary and without any obligation to you.
10. Third Party Links
You agree to defend, indemnify and hold harmless MEGA, its core team members, employees, contractors, agents, officers, and directors, 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 your use of and access to our Service and Product, including any data or content transmitted or received by you, any other party’s access or use of the Service and Product with your username and password, or your infringement of these Terms, applicable law, rule or regulation.
12. Warranty Disclaimer
Our Service and Product are provided on an “as is” and “as available” basis. We will make reasonable effort to correct any endeavors and omissions in them based on our observations and your feedback.
You access and use the Service and Product at your own risk. To the maximum extent permitted by applicable law, the Service and Product are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, MEGA, its team, and employees do not warrant that:
a) The content is accurate, reliable or correct;
b) The service will meet your requirements;
c) The service will be available at any particular time or location, uninterrupted or secure;
d) Any defects or errors will be corrected;
e) The service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service and Product is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service and Product. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Service and Product or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall MEGA, its affiliates, core team members, employees, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, our Service and Product. Under no circumstances will MEGA be held responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service and Product or your account or the information contained therein.
To the maximum extent permitted by applicable law, MEGA assumes no liability or responsibility for any:
a) Errors, mistakes, or inaccuracies of content;
b) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service and Product;
c) Any unauthorized access to or use of any and all personal information stored on our servers within the Product;
d) Any interruption or cessation of transmission to or from the Service and Product;
e) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service and Product by any third party;
f) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, shared, transmitted, or otherwise made available through the Service and Product;
g) User content or the defamatory, offensive, or illegal conduct of any third party.
Neither MEGA nor any individual core team member, employee, or supplier has the obligation to actively monitor and review the content uploaded to the Game for inappropriate, illegal or otherwise unauthorized material. By using the Service and Product you irrevocably wave your right to assert any claim with respect to any of the forgoing against MEGA, its affiliates, core team members, employees, suppliers, or other representatives.
14. Reporting of Infringement
If you believe that contentavailable through our Service or Product is infringing any of your rights, please send us a notice of the infringement containing the information needed to address this issue. Your notice should include the following:
1) The right that has been infringed;
2) Identification of the material or work that is infringing, including its location in detail within the Service and Product;
3) Contact information of the Notifying Party including; name, address, telephone number, and e-mail address;
4) Statement that the Notifying Party in good faith beliefs that the material is unauthorized or otherwise infringing;
5) Statement made under penalty of perjury that the information provided in accurate and the Notifying Party is the right holder or is authorized to act on behalf of the right holder;
6) Notifying Party's physical or electronic signature.
Upon receiving the notification we will disable access to or remove material that is believed to be infringing. We will then notify the user responsible for uploading the allegedly infringing material we have removed or disabled access to it. We reserve the right to terminate the account of any user that is subject to repeated infringement notices.
15. Miscellaneous Legal Terms
These Terms, together with any amendments and any additional agreements you may enter into with MEGA in connection with the Service and Product, constitutes the entire Agreement between you and MEGA concerning our Service and Product. The failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder. MEGA shall not be liable for any failure to perform its obligations where such failure results from any cause beyond reasonable control by MEGA. If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us in whole or in part at any time without restriction and without the users prior consent.
Any notice to the Service and Product that required or permitted by them shall be in writing and shall be deemed effective upon receipt, when sent to firstname.lastname@example.org or when delivered in person by national recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to:
Moldovan Environmental Governance Academy (MEGA)
Bd. Moscova, 11
MD 2068, Chisinau
Moldova, Republic of