Terms of Use

1. ACCEPTANCE OF TERMS OF USE

1.1 Definition. This is an agreement between MindOpus Inc. “MindOpus”, owner and operator of the website accessible at the address https://mindopus.games and the online game portal accessible on this site (the “Portal”) (together the “Services”) and you (“you”), a user of the Services (“User”).  

1.2 Acceptance. By using the Services, you acknowledge and accept these terms of Use (the “Terms of Use”) as well as the MindOpus Privacy Policy. If you choose not to accept these Terms of Use or the Privacy Policy, you must refrain from using the Services. 

1.3 Age. The Services are accessible to Users aged 16 and over. There must be at least one adult present at all times during a game session when there are any Users under 16 years of age. By using the Services, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract or that you have obtained the prior consent of a parental authority to use the Services. 

2. MODIFICATIONS TO TERMS OF USE

MindOpus reserves the right, at its sole discretion, to change or modify these Terms of Use or any part of these Terms of Use at any time without notice. The amended terms will be effective at the time of publication and will apply to your use of the Services from that time on. 

3. USE OF SERVICES  

3.1. Functionalities. The Services allow you to obtain information on our products and services, to purchase a game online and to enhance your immersive experience in a game. 

3.2. Access and use of the Portal. During the term of this agreement, MindOpus grants you a limited, non-exclusive and non-transferable right to access and use the Portal, for lawful use, in accordance with these Terms of Use (“Authorized Purposes”). 

3.3. Access to the Portal. To access the Portal, you must have a mobile terminal and / or access to the Internet. You agree that it is your full and entire responsibility to ensure that the mobile terminal or device you are using has sufficient capacity to use the Portal. 

3.4. Update of the Portal. You understand and agree that MindOpus may, from time to time and at its sole discretion, develop and update the Portal. These updates may include upgrades, bug fixes or other error fixes and/or new features (“Updates”). Updates may also modify or remove in their entirety certain features and functionalities on the Portal. You agree that MindOpus has no obligation to provide Updates or to continue to provide or activate any particular feature or functionality. 

3.5. Restrictions. You may not (i) use the Services for purposes other than the Authorized Purposes, (ii) copy, distribute or disclose all or part of the Services on any medium, including through any tool or a web scraping technique, automated or not, (iii) use an automated system, including web crawlers and offline readers, to access the Services, (iv) transmit, by means of the Services, spam, letters forming part of a chain or any other form of unsolicited e-mail, (v) attempt to interfere with the servers of the Services, compromise the integrity or security of their system or decrypt a transmission to or from these, (vi) take an action which, at the sole discretion of MindOpus, imposes or risks imposing an unreasonable or disproportionately heavy load on the infrastructure of the Services, (vii) upload data, viruses, worms or other malware through the Services, (viii) collect, extract or harvest information that may be used to identify individuals from the Services, (ix) impersonate a person or otherwise make false representations concerning your affiliation with a person or entity, commit fraud, conceal or attempt to conceal their identity, (x) interfere with the proper functioning of the Services, (xi) access any content of the Services using any means or technologies other than those provided or authorized by the Services, (xii) circumvent the measures that MindOpus may use to prevent or restrict access to the Services, including functionalities that prevent or restrict the use or copying of the content of the Services or which imposes limits on the use that can be made of the content of the Services, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works of the Services, or (xiv) otherwise use the Services in contravention of any applicable law. 

3.6. Investigations and prosecutions. MindOpus reserves the right to investigate and prosecute any violation of the Terms of Use, to the fullest extent permitted by law. 

4. MINDOPUS ACCOUNT  

4.1. Creation of an account. Certain features of the Services require the creation of a User account. When creating a User account, you agree to provide MindOpus with true and complete information about yourself as required by the registration process, and to make the necessary updates so that they are accurate at all times. In the event of a violation of this paragraph 4.1, MindOpus may terminate your right to use the Services, at its sole discretion. 

4.2. Responsibility for your account. You are entirely responsible for ensuring and maintaining the confidentiality of your account. In addition, you are fully responsible for all activity taking place from your account. You agree to immediately notify MindOpus of any unauthorized activity occurring on your account or any other breach of security. 

4.3. Account security. MindOpus cannot guarantee that unauthorized third parties will never succeed in circumventing the security measures of the Services or that they will not make illicit use of information found on the Services that you have provided to MindOpus and allowing you to identify yourself (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk. 

4.4. Use of other accounts. You are prohibited from using another person’s account at any time. 

4.5. Account suspension. If MindOpus determines that you have violated these Terms of Use, MindOpus reserves the right to suspend or deactivate access to your account without notice. MindOpus reserves the right to reactivate access to your account at its sole discretion. MindOpus may also suspend or deactivate your account if you infringe thirdparty intellectual property rights or if the law requires us to do so. We invite you to contact MindOpus to try to resolve any such problem and obtain the reactivation of your account as soon as possible. 

4.6. Closing the account. MindOpus reserves the right to delete any account that has been inactive for a period of at least one (1) year, as well as any data associated with such an account. However, no data will be deleted without prior notice to the account holder. 

4.7. Interruption of the account. You can interrupt or close your account by cancelling the products in your possession, for any reason, at your sole discretion and without notice, without responsibility towards MindOpus. 

5. RATES AND METHOD OF PAYMENT

5.1. Rates. The prices of our products and services are in Canadian dollars, taxes not included. MindOpus reserves the right to modify its rates at any time. 

5.2. Purchase of products and services. If you purchase a product or service, you must provide MindOpus with information relating to the method of payment. You must ensure that all the information you send us is accurate and up to date, failing which we reserve the right not to proceed with your purchase, at our sole discretion. MindOpus reserves the right, in its sole and absolute discretion, to modify the authorized payment methods at any time, including, in particular, the payment options by bank account and / or other acceptable payment methods. 

MindOpus uses third-party providers (“Third Parties”), such as PayPal, Stripe and Global Payment, to process your payments, whether it is online or by phone. Payment processing will be subject to the Terms of Use and Privacy Policy of such Third Parties. In other words, in order to use our Services, you will need to agree to be bound by the Terms of Use of these Third Parties.  

5.3. Final Sale on Portal. Any sale of an online game is a final sale. No exchange, credit or refund will be accepted once the sale has been confirmed. 

5.4. Consent and Acceptance. By clicking on any navigation button located at the bottom of the transaction or operation pages of our online Services, you confirm that you have carefully read and understood the terms, conditions and terms of use relating to the purchase of your online game and acknowledge that this action constitutes proof of your commitment to be bound by them. 

6. INTELLECTUAL PROPERTY

6.1. Trademarks. All trademarks (including words, expressions and logos) used by MindOpus to distinguish it, or its products or services from those of others, belong to MindOpus. The MindOpus trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of MindOpus. 

6.2. Copyright. All original works reproduced or published offered as part of the Services are protected by copyright. The content of the games, which includes, without being limited to the texts, scenarios, illustrations, styles, photos and videos, are the exclusive property of MindOpus and, as the owner of the copyright in each work, MindOpus reserves all rights relating thereto. You acknowledge that it is a violation for any person to perform, without the consent of the copyright owner, any act that under applicable laws only that owner has the power to perform. 

6.3. Other rights. The Services, or any part thereof, may be protected by industrial designs or patents. MindOpus reserves all rights to the Services which are not expressly granted. You agree not to use, copy or distribute any content from the Services other than to the extent permitted. 

6.4. Feedback. MindOpus is free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas aimed at improving or modifying the Services or any other MindOpus product or service in any way (“Feedback”), without compensation or attribution to the User or to any person who provided this Feedback. 

6.5. Documentation. MindOpus will, from time to time, provide the User with documentation describing the characteristics, operation and use of the Services (“Documentation”). The User understands and agrees that they may reproduce and use the Documentation only as necessary to support the use of the Services. 

7. CONFIDENTIAL INFORMATION

7.1. Definition. For the purposes of this section 7, “Confidential Information” means any important, non-public information related to MindOpus (including any trade secret and any information on the nature of the games in particular, the puzzles/riddles and the scenarios), written or spoken, whether or not it is marked as confidential. 

7.2. Obligation of confidentiality. The User must keep confidential all of MindOpus’ Confidential Information that the latter has disclosed to them or that it has made available to them, directly or indirectly, by any means of communication or observation. 

7.3. Limited purposes. The User may only use Confidential Information for the purpose of using the Services. 

7.4. Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure (i) is permitted by these Terms of Use, (ii) has previously been consented to by MindOpus in written and signed form or (iii) is required by law. 

7.5. Notice. The User must notify MindOpus promptly and in a timely manner if the User is required by law to disclose any Confidential Information or becomes aware of any unauthorized disclosure of Confidential Information. 

8. DIGITAL COMMUNICATIONS

When you provide MindOpus with your e-mail address through the Services, you expressly consent to MindOpus keeping your e-mail address in its databases. You also accept that it may use this e-mail address in its mailing lists in order to communicate with you to (i) carry out surveys or verifications concerning the Services, in particular relating to its functionalities, its user-friendliness, and your appreciation of these, (ii) inform you of information and news relating to MindOpus, or (iii) for any other reason relating to the Services or the safety/security of the Users. 

9. HYPERLINKS

The Services may contain hyperlinks to external websites, which take you out of the Services (“External Sites”). You acknowledge and agree that MindOpus is not responsible for the availability of these External Sites or the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any endorsement by MindOpus of such External Sites. You agree to assume all risks arising from your use of External Sites. By using the Services, you expressly release MindOpus from any liability arising from your use of any External Site. 

10. NO GUARANTEES

10.1. No guarantee for the Services. The Services are provided to you “as is” without any guarantee. To the fullest extent permitted by applicable law, MindOpus disclaims all guarantees, expressed or implied, including guarantees as to the level of difficulty, accuracy, or absence of error in the content. MindOpus may update the Services without prior notice to Users. Although MindOpus does everything in its power to ensure that the information presented in its Services is complete and accurate, MindOpus cannot guarantee that such information is free of all errors, omissions and inaccuracies. 

10.2. No guarantee for the Portal. MindOpus does not guarantee the absence of bugs, inaccuracies, errors, or other harmful elements. The Portal depends on the Internet to be able to function. MindOpus declines all responsibility in the event of network unavailability or problems related to operating systems. No right to compensation is granted under this paragraph. MindOpus reserves the right to cease—without notice, without compensation and at its sole discretion, either definitively or provisionally—providing all or part of the functionality of the Portal. 

11. LIMITATION OF LIABILITY

11.1. Limitation of liability for the Services. You acknowledge and agree that you assume all risks arising from your access or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, MindOpus, its affiliates, directors, employees, agents, licensors or successors and beneficiaries, may under no circumstances be held liable for damages of any kind, including loss of use, loss of profits or loss of data, whether in contractual proceedings or tort, or otherwise, arising directly or indirectly from the use or performance of the Services, including any damage caused by or resulting from the confidence of a User in any information obtained by the Services, or resulting from an error, omission, interruption, deletion of file or e-mails, defects, viruses, delays in the operation or transmission or any failure in execution. Without limiting the generality of the preceding, MindOpus will not be liable for the non-performance, in whole or in part, of any of its obligations towards you, nor for the damages or losses that you may suffer, if the non-performance, the damage or losses result from a case of force majeure or a circumstance beyond its control, including, without limitation, in the case of a pandemic. 

11.2. Limitation of liability for the Portal. MindOpus undertakes to implement all necessary means to ensure the best possible access to the Portal. You are solely responsible for accessing your account. You agree to keep your password confidential and not to pass it on to third parties. In general, you accept and acknowledge that your use of the Portal, including the information you disseminate, is made under your sole and entire responsibility. MindOpus cannot be held responsible and cannot be required to compensate you for any direct or indirect damage resulting from the unavailability of the Portal. MindOpus cannot be held responsible in this regard for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behaviour of a Third Party. It does not incur any liability due to (i) the inability to access the Portal, (ii) improper use of the Portal (iii) saturation of the Internet network, (iv) possible malfunctions on the mobile terminals you are using, (v) in the event of force majeure or an act beyond its control. 

12. INDEMNIFICATION

By using the Services, you agree to defend, indemnify and hold harmless MindOpus, its subsidiaries and related companies, as well as their respective officers, agents, directors, employees, licensors and beneficiaries, from any claim, demand, damage, obligation, loss, liability, cost, debt, expense (including legal fees and disbursements) and amount paid for a settlement arising out of or related to your use of the Services, or your violation of the Terms of Use or the rights of Third Parties. MindOpus may assume the defense and exclusive control with respect to any matter for which you have agreed to indemnify MindOpus and you agree to assist and cooperate with MindOpus in the defense or settlement of any litigation. 

13. TERMINATION

13.1. Termination by MindOpus. MindOpus may terminate or suspend your access or your use of the Services, immediately, without notice and without incurring any liability, for any reason whatsoever, including violation of this agreement. 

13.2. Effect of termination. Upon termination of your access or right to use the Services, your right to use or access the Services will cease immediately. 

13.3. Continuation (survival) of provisions. The provisions of this agreement which by their nature should survive termination of this agreement, will survive such termination, including provisions relating to intellectual property, lack of guarantee, limitation of liability and indemnity. Termination of your access and use of the Services does not release you from any obligations prior to termination and does not limit any liability you may have towards MindOpus or a Third Party. 

14. LITIGATION

Except in circumstances where applicable laws prohibit restrictions on a party’s right to bring a class action, all claims must be brought by the parties on their own behalf, and not as a plaintiff or member of a class action, in any proceeding by representation or in a class action and, unless the parties decide otherwise, an arbitrator cannot join the claims of more than one person. 

15. APPLICABLE LAWS  

This agreement is governed by and interpreted in accordance with the laws in force in the province of Quebec, without giving effect to the rules applicable in the event of conflicts of laws. Your conduct may also be subject to other local or national laws.

16. GENERAL

16.1. Entire agreement. These Terms of Use and the Privacy Policy replace any previous agreement between you and MindOpus and constitute the entire agreement between you and MindOpus. 

16.2. Modification. MindOpus reserves the right to modify this document at any time and for any reason. MindOpus will publish the most recent version of this document at the following address: https://mindopus.games/terms-of-use/. You are responsible for complying with published to the document. Your continued use of the Services after the publishing of the amended version of this document indicates your full acceptance thereof.  

16.3. Assignment. You may not assign or transfer these Terms of Use and the Privacy Policy or any other rights or obligations relating thereto. 

16.4. Waiver. MindOpus’ negligence or delay in exercising any right, remedy, power or privilege in accordance with the Terms of Use does not constitute a waiver of such rights, remedies, powers or privileges. To be valid, a waiver must be in written form and must be signed by MindOpus. A written waiver of a default cannot be interpreted as constituting a waiver of any other default or default of the same nature that may arise in the future. 

16.5. Invalidity or unenforceability. Even if one or more provisions of this Terms of Use Agreement or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of this Terms of Use Agreement or of the Privacy Policy; this Terms of Use Agreement or the Privacy Policy will then be interpreted as if the invalid or unenforceable provision had never been part of this Terms of Use Agreement or the Privacy Policy. 

17. CONTACT US 

MindOpus appreciates your comments and questions, which you can send to [email protected].