This agreement is made for the provision of all websites, webpage
game platforms, application platforms including any parts thereof,
anything contained therein or anything derived therefrom, owned,
operated or controlled by RASTAR GAMES(HK) CO.,LIMITED , and/or
its designated partners, and all services, including any parts
thereof, anything contained therein or anything derived therefrom,
provided through the Websites, including without limitation web
applications, mobile applications, forums, posting boards, virtual
items, virtual currencies accessible through the Websites
(“Services”) to the customer (“you”). This agreement shall also
include all appendixes, policies, documents (including Privacy
Policy) that are incorporated into this agreement and Changes.
(“Agreement”)
For clarity, you are contracting with RASTAR GAMES(HK) CO.,LIMITED
(Hereinafter referred to as "we", or "us",or "Rastar") under this
Agreement. The date of this Agreement is set forth at the end of
this Agreement. We reserve the right to change, modify, add,
replace or remove (“Change”) any clause from this Agreement. We
will make commercially reasonable efforts to provide you with
notice of any Change and will provide notice of Changes on the
Websites. A Change will only apply to your use of the Websites on
and after the date of the Change. If you access or use the
Websites or Services after the date of the Change, you will be
deemed to have accepted the Change. Please check our website at
Rastar for Changes. IF YOU DO NOT AGREE WITH THE CHANGE, YOU MUST
NOT USE OR ACCESS OUR WEBSITES AND SERVICES.
The Services and this Site are offered and made available only
to users 13 years of age or older. YOU MUST BE 13 YEARS OF AGE
OR OLDER TO USE THE SERVICES AND THIS SITE. By accessing and
using this Site, you represent that you are 13 years old or
older; and if you are between the ages of 13 and 18, you
represent that your legal guardian has reviewed and agreed to
these Terms.
1. Important Instruction
PLEASE READ THESE Terms of Use CAREFULLY BEFORE PLAYING ANY OF THE GAMES OR SERVICES PROVIDED BY Rastar. WE HIGHLY RECOMMEND YOU READ ALL TERMS, ESPECIALLY REGARDING THE LIABILITY, RESPONSIBILITIES AND LAWS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE AND STOP ACCESSING THE SERVICES.
2. Right to Modify, Suspend and Discontinue
We reserve the right, at any time, to modify, suspend, or discontinue the Website and the Services, or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
3. Intellectual Property Rights and Licenses
Rastar is the sole and exclusive owners of all right, title and
interest, including without limitation, copyright, patent,
trademark and other intellectual property rights, in the Services
and this Site, including without limitation, all games, programs,
tools, source codes, object codes, HTML, content, files, patches,
updates, modifications, derivative works, printed or electronic
documentation, instructions and other materials, design, text,
data, sounds, photographs, audio clips, audiovisual, video,
artwork, graphics, logos, names, button icons, images of vehicles,
accessories and equipment, user Accounts, passwords, Virtual
Currency, Virtual Goods, concepts, technology, architecture,
logic, structure, sequence, organization, themes, symbols, methods
of operation, and other materials, all of which are protected by
international copyright laws, and may not be reproduced, modified,
distributed, transmitted, displayed, performed, rented, altered,
stored for subsequent use, republished or used in any manner
without our prior written consent. Any use of the materials
appearing in the Services or this Site not expressly authorized by
these Terms is a violation of copyright, trademark, and other
applicable laws, and may result in criminal prosecution or civil
penalties.
Except for the limited right to access and use the Services and
this Site, we do not grant or transfer to you any other rights of
any kind, including any rights in any Virtual Currency, Virtual
Goods (including virtual vehicles, equipment, points, standings,
rankings, ratings, or any other digital items appearing in,
originating from or associated with this Site), or any other
attributes appearing in, originating from or associated with the
Services or this Site. No ownership rights of any kind, including
any patent, trademark, copyright or other intellectual property
rights, are assigned or transferred to you, by accessing or using
the Services or this Site, downloading material from or uploading
material to this Site, or by purchasing any Virtual Goods.
You agree not to copy, redistribute, publish or otherwise exploit
material from the Services or this Site, except as expressly
permitted herein, without our prior written permission. All
comments, feedback, suggestions, ideas, and other submissions
disclosed, submitted, or offered to us in connection with the use
of the Services is the exclusive property of Rastar. You agree
that we may use, sell, exploit and disclose any of your comments
in any manner, without restriction and without compensation to
you.
Intellectual Property Rights of Others
All trademarks, service marks, and trade names associated with the
products or services that appear on or are referenced in this Site
are the exclusive property of their respective owners.
All other product names and logos are the trademarks of their
respective owners. In addition, other images, logos, pictures or
other material may be trade names or registered trademarks of
their respective owners, and may be protected by international
copyright laws. We grant no right to copy or use any of these
materials.
4. Purchases and Paying for Charges
You may be required to pay for certain Services, including an exchange for Virtual Currency, a purchase of Virtual Goods, and upgrades. You must have a valid Account to pay for and participate in these Services. You are responsible for all charges and usage on your Account, including applicable taxes, including all purchases made by you or anyone that uses your Account. You may pay using the methods available for the particular Services, including credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose. When you provide credit card or other payment information, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen. We may use a third party credit card updating service to obtain current expiration dates on credit cards provided by you. Customers who use a payment method other than credit card may incur an additional payment processing fee.
5. Virtual Currency and Virtual Items
In using our Websites and Services, there may be virtual
currencies or credits. You acknowledge and agree the Virtual
Currency or Virtual Items shall be used only for the purpose for
the use of the Websites and Services and shall not be used for any
other purpose. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIRTUAL
CURRENCY OR VIRTUAL ITEM HAS NO CASH VALUE AND CANNOT BE IN ANYWAY
CONVERTED OR EXCHANGED TO ANY SUM OF MONEY OR MONETARY VALUE. You
understand and agree Virtual Currency or Virtual Item is only a
limited, personal, revocable, non-transferable, non-sublicensable
and non-commercial license granted by us to you in using the
Websites and Services and shall in no way be viewed as your
property.
We are entitled to provide you or any other customer with any
amount of Virtual Currency or Virtual Item. We are also entitled
to delete, change, manage, regulate, control or terminate any
Virtual Currency or Virtual Item in your Account at our sole
discretion. Further, we are entitled to change or impact the
perceived value or pricing of Virtual Currency or Virtual Item in
our Websites or Services. We are entitled to charge fees for the
access and use of Virtual Currency or Virtual Items at our own
discretion. ALL PURCHASES OF VIRTUAL CURRENCY AND VITRUAL ITEMS
ARE FINAL AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE,
TRANSFERABLE OR EXCHANGEABLE.
In case you get access to the Virtual Currency or Virtual Items
via third party virtual currency or virtual items, you will also
be bound by the terms and conditions of such third party and we
shall not be liable for your agreement with such third party. You
shall be jointly and severally liable to us if your agreement or
performance thereof with such third party incurs any damages or
losses to us.
You agree the amount, nature and quality of Virtual Currency and
Virtual Items in your Account shall be determined and calculated
solely by us.
You agree you will not engage in any transaction, selling, buying
or exchanging of Virtual Currency or Virtual Items without our
prior written consent (“Unpermitted Transaction”). You shall take
entirely the risks arising thereof. In case any Un-permitted
Transaction comes to the awareness of us, we shall have the right
to terminate, suspend, discontinue or reverse such transaction,
including without limitation terminate, suspend, discontinue or
reverse the Virtual Currency, Virtual Item or your Account.
6. Your Account
For the purpose of accessing or using of the Websites or Services,
we may require you to submit some of your personal information,
including without limitation your email address, your name, your
birth day, or payment information to create an Account
(“Account”). You acknowledge you are at your own choice to provide
all the personal information. You acknowledge and agree you do not
have any ownership or other proprietary interests in the Account.
You represent and warrant that (a) the personal information you
provided is accurate and current (including your email address);
(b) you will maintain and update the personal information to
assure it is accurate and most updated. In case any information
provided by you is not accurate, untrue, not complete, not current
or not updated, we shall have the right to terminate your access
or use of the Websites and Services.
For the access and use of the Websites and Services, you may need
to choose a user name. You agree the choice of the user name will
be entirely at your own risk and you shall be solely liable for
such choice. We shall have the right to refuse to grant,
terminate, suspend or discontinue the user name chose by you in
our sole discretion, i.e. when you choose of the user name (1)
infringes or negatively impacts the rights of a third party; (2)
breaches public policies, regulations or laws; or (3) negatively
impacts the goodwill, normal operation or any other rights of
Rastar.
You may also need to choose a password for the access and use of
the Websites and Services. YOU WILL BE SOLELY AND ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF
YOUR ACCOUNT, USER NAME AND THE PASSWORD, INCLUDING ANTHING
ASSOCIATED WITH SUCH ACCOUNT, USER NAME AND THE PASSWORD. It is
highly recommended to use "strong" passwords (passwords that use a
combination of upper- and lower-case letters, numbers and symbols)
with your Account.
You shall not in any way use the Account of anyone else and you
shall not allow anyone else to use your account. In case any
damages or losses are incurred by your use of other’s account or
someone else using your account, with or without your consent, you
shall be solely liable to such damages and losses and we shall in
no case liable for such damages or losses.
There may be fees and charges incurred by your Account, you agree
to pay all fees and charges incurred thereby, including all taxes.
You understand and agree we may add new Websites and Services that
require additional charges and fees at our sole discretion. You
further understand and agree we may change or amend fees or
charges for the current Services and Websites in our sole
discretion. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE
FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT THERE SHOULD BE NO REFUNDS FOR FEES AND
CHARGES MADE THROUGH YOUR ACCOUNT BY Rastar.
If you haven’t login your account for long, you agree that your
account could be deleted, and that all losses relevant with this
account will be at your own risk. Since the policy of each game is
different, please consult with the customer service and refer to
the news of each game operated by Rastar.
7. Privacy
For the use and access of the Websites and Services, we may need you to submit some of your private information. Your private information will be used, disposed and protected as per our privacy policy at “Private Policy”. The Private Policy is hereby incorporated as part of this Agreement.
8. Your Responsibilities
By using or accessing our Websites and/or Services, including
using and accessing the Submissions (as defined below), you agree
to follow the community rules and guidelines, which is
incorporated as a part of this Agreement. You explicitly agree not
to:
(1) Infringe any third party’s Intellectual property rights,
including rights in confidential information;
(2) Spread any pornographic, sexually graphic, threatening,
embarrassing, hateful, racially or ethnically insulting,
provocative, deceptive, tortuous, defamatory, libelous, or
otherwise inappropriate or offensive comments or content,
including any uses of characters to replace letters and including
any topics that may be harmful to or threaten the security of a
child or minor;
(3) Use the Websites or Services in any manner that violates any
applicable laws or regulations or is prohibited by these Terms;
(4) Tracing, harass, threaten, or defraud other customer or any
members of us;
(5) Create a false identity or impersonate another person or
entity, including without limitation, identities falsely
indicating that you are a Rastar official or representative,
message board moderator, guide, another user or host, or that you
are a celebrity or public figure;
(6) Access another user's Account without permission;
(7) Send, post, transmit or make available any pornographic,
sexually graphic, threatening, embarrassing, hateful, racially or
ethnically insulting, provocative, deceptive, tortuous,
defamatory, libelous, or otherwise inappropriate or offensive
comments or content, including any uses of characters to replace
letters and including any topics that may be harmful to or
threaten the security of a child or minor;
(8) Make offers, advertisements or proposals for goods, services,
or other commercial activities on the Websites or Services;
(9) Send, post, transmit or make available any unsolicited or
inappropriate content, information or Submissions, junk mail,
SPAM, chain letters, pyramid schemes, investment opportunities, or
other unsolicited or unauthorized commercial or promotional
content, information or communications, except as expressly
permitted by us in writing;
(10) Share the passwords of Websites, Services or Account with a
third party;
(11) Send, post, transmit or make available any content,
information or Submissions that are subject to intellectual
property protection, including, copyright trademark, trade secret
or patent rights, or otherwise subject to third party property
rights, including rights of privacy and publicity, unless you are
the owner of such rights or have permission from the owner of such
rights to do so and to grant Rastar all the license rights
necessary to transmit or maintain such content, information or
Submissions;
(12) Misrepresent the source, identity, or content of information
sent, posted, transmitted or made available via the Websites, the
Services or a third party platform, (such as claiming a created
work as your own that is not actually yours);
(13) Use features of the Websites or Services for anything other
than their intended purpose, including exploiting glitches for
personal gain;
(14) Interfere with or disable any security-related features of
the Websites or Services, or any part thereof, including any
Services available on or through any third party platforms;
(15) Damage, disable, overburden, or impair the Websites or
Services, including any Services available on or through any third
party platforms, including by sending, posting, transmitting or
distributing anything that contains a virus or other code intended
to damage or interfere with the Websites or Services or any
portion thereof, or any software, hardware, equipment, system,
data, or other information of Rastar or any third party;
(16) Institute an attack upon any server used in connection with
the Websites or Services, or any portion thereof, or otherwise
attempt to disrupt such servers or any Services available thereon
or on or through any third party platform, including, by hacking
or DOS attacks;
(17) Intentionally interfere with the operation or fair play of
any Services available on the Websites or through any third party
platform, or any other user’s enjoyment of such Services;
(18) Decipher, decompile, disassemble, reverse engineer or
otherwise attempt to derive any code or underlying ideas or
algorithms of any part of the Websites or Services, including any
Services available on or through the Websites or third party
platforms;
(19) Use, develop, or distribute any robot (or “bot”), spider,
unauthorized script, unauthorized scraper or offline reader, or
any other cheat, exploit, mod, bot, hack or the like, or any
unauthorized third-party software designed to modify or interfere
with or provide automated access to or use of the Websites or
Services, or any portion thereof, or any Services available on or
through any third party platform;
(20) Frame or mirror any part of the Websites or Services without
Rastar’ written permission;
(21) Buy, sell or trade Virtual Items or user Accounts for
non-Rastar items (including cash) or vice versa;
(22) Make improper use of Rastar’ support services, including by
submitting false abuse reports;
(23) Imply or state that any statements you make are endorsed by
Rastar without Rastar’ prior written consent;
(24) Harvest or collect any information about any user of the
Websites or Services, including any Services available through
third party platforms, including personal information or other
Account information, including passwords, e-mail addresses, or
geo-locations;
(25) Modify any part of the Websites or Services, including any
Services available through any Third Party Platform, for your own
personal or commercial purposes, including but not limited to,
alter, adapt, license, sublicense, or translate the Websites or
Services; or
(26) Assist, permit or encourage any party in engaging in any of
the activities described in the above listing;
(27) Mass distribute characters of no understandable meaning;
In case you are in breach of the Rules or this Agreement, Rastar
shall have the right to, at its sole discretion:
(1) Warn you about the breach of Rules or this Agreement;
(2) Close, suspend or terminate your Account partly or in
whole;
(3) Force you to leave or terminate your connection to the Website
or Service;
(4) Temporarily or permanently terminate your Account;
(5) Delete anything contained in your Account;
(6) Delete your Account;
(7) Retrieve Virtual Items from your Account;
(8) Change the name of your Account or anything contained
therein;
(9) Dismiss a group in which you are a member or exclude you from
a group;
(10) Deduct or clear any attributes of your Account or anything
contained therein, including experience, Virtual Items, Virtual
Currency or levels; or
(11) Other disposition as determined proper by Rastar.
9. System Maintenance
Rastar periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Rastar has no responsibility and is not liable for: (a) the unavailability of the Websites or Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any third party platforms, or any Internet facilities and networks.
10. Termination
We may suspend your Account and/or access through your Account for
an indefinite period of time, terminate your Account and/or access
through your Account and/or terminate this Agreement (including
your license to the Services, Software and other services)
immediately and without notice if you breach this Agreement or any
terms of service or privacy policy of any third party platform
(such as Facebook or mobile platforms) or merchant service
provider or if we, in our sole discretion, believe you to have
willfully infringed any third party intellectual property rights,
or if we are unable to verify or authenticate any information you
provide to us, or upon Game play, chat or any user activity
whatsoever which is, in our sole discretion, inappropriate, an
abuse and/or in violation of the spirit of Services and other
services (including without limitation the circumvention or
manipulation of any term of this Agreement, in particular, the
Rules of Conduct). Notwithstanding any other provision under this
Agreement, if the Services or your Account or your access through
your Account is suspended, terminated or cancelled for any of the
foregoing reasons or length of time or if we terminate this
Agreement under any such circumstances, you will lose access to
your Account, the Services and Services characters including all
Game Resources whether Rastar Resource or Guest Mode Resource, and
we shall not have any obligation to refund any fees you paid or
provide any other compensation for unused Rastar Resources or
otherwise have any other liability to you whatsoever. We reserve
the right to seek further legal remedies against you.
Notwithstanding any other provision herein, you acknowledge that
we further reserve the right to discontinue and terminate our
promotion program as described in Clause 6 and/or any and all
Services and other services or your access thereto and all
Accounts (subject to 6 but without prejudice to any other of our
rights under this Agreement or by law, in particular the
provisions set out in clauses 6 and 8) at any time in the light of
our budgeted operation costs, and in such case, you will lose
access to the Services characters including all Game Resources
whether Rastar Resource or Guest Mode Resource, and we shall not
have any obligation to refund any fees you paid or provide any
other compensation for unused Rastar Resources or otherwise have
any other liability whatsoever to you.
You acknowledge that we reserve the right to take action (in our
sole discretion) including but without limitation, to maintain,
manage, consolidate, switch, migrate, terminate, dispose, reduce,
suspend, disclose, alter and administer your Account or Account
ID, to delete, remove, suspend, disclose, change or alter your
data, or to interrupt, suspend or terminate our Services to you,
without prior notice, if you violated any term of this Agreement.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND
WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE
CORRECTED. You agree that your access and use of the Service shall
be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW,
Rastar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE
AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
AND TIMELINESS. Rastar makes no warranties or representations
about the accuracy or completeness of the content of the Service
or the content of any sites linked to the Service and, to the
fullest extent permitted by applicable law, assumes no liability
or responsibility for any:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the Service, Site or
Games;
Any unauthorized access to or use of our secure servers and/or any
and all personal information and/or financial information stored
therein;
Any interruption or cessation of transmission to or from the
Service;
Any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the Service or Site by any third
party;
Any errors or omissions in any content or for any loss or damage
of any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the Service
and/or Site.
12. Limitation of Liability
Rastar PROVIDES THE SERVICES AND THIS SITE ON A COMMERCIALLY
REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS OR USE THE SERVICES OR THIS SITE AT ALL TIMES OR ALL
LOCATIONS, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES
AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE
AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
Rastar AND ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES,
SPONSORS, PARTNERS, CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR
LICENSORS AND OTHER PARTIES AFFILIATED WITH THE SERVICES OR THIS
SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ATTORNEYS
IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU
ACKNOWLEDGE AND AGREE THAT Rastar IS NOT LIABLE FOR ANY ACT OR
FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT,
COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THIS SITE TO
THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY
CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER
CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES
OR THIS SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF
WARRANTY, BREACH OF CONTRACT OR TORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL Rastar BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR
IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Rastar IS NOT LIABLE,
AND YOU AGREE NOT TO SEEK TO HOLD Rastar LIABLE, FOR THE CONDUCT
OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND
OPERATORS OF SOCIAL NETWORKING WEBSITES OR MOBILE VERSIONS THEREOF
THROUGH WHICH THE SERVICES OR THIS SITE ARE MADE AVAILABLE, AND
THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING
DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) LOSS OR INABILITY TO
USE THE SERVICES FOR ANY REASON, INCLUDING COMPUTER FAILURE,
MALFUNCTION, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSION;
(B) THE LOSS OR DAMAGE TO ACCOUNTS, USER ACCOUNT INFORMATION AND
OTHER DATA, VIRTUAL CURRENCY OR VIRTUAL GOODS, (C) THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OF ANY CONTENT,
INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; (D) THE
ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF
ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE;
OR (E) INTERRUPTION OF THE SERVICES FOR ANY REASONS, INCLUDING ANY
NETWORK OR TELECOMMUNICATION LINES, COMPUTER ON-LINE SYSTEMS,
SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, TRAFFIC
CONGESTION ON THIS SITE, THE INTERNET OR ANY OTHER WEBSITE, OR ANY
OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF
THE SERVICES; AND (F) ANY VIRUSES, CORRUPTED FILES OR PROGRAMS,
WORMS, TROJAN HORSES, OR OTHER CODE OR OTHER HARMFUL COMPONENTS
WITH CONTAMINATING OR DESTRUCTIVE EFFECTS.
UNDER NO CIRCUMSTANCES WILL Rastar BE LIABLE TO YOU FOR MORE
THAN THE AMOUNT YOU HAVE PAID Rastar IN THE NINETY (90) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY
SUCH CLAIM.
13. Indemnification
You agree to indemnify to defend and hold harmless Rastar and its officers, directors, partners, employees, consultants, and agents against any damages, losses, liabilities, fees, charges, including any attorney fees, incurred as a result of (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or Services infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the this Agreement or any applicable laws or regulations; (c) your access to and use of the Websites and Services; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
14. Sponsor and Other Linked Websites
This Site may include hyperlinks to the websites operated by third parties, including sponsors, advertisers, and content providers. These websites may collect data or solicit personal information from you. Any website links are provided to you as a convenience only. Rastar makes no representations or warranties, and do not endorse any content, goods or services provided by any other party’s website that may be linked from this Site, whether or not they are sponsors. We do not control these websites and we are not responsible for their content, any claims relating to their goods, services, privacy policies, or for the collection, use or disclosure of any information those websites may collect.
15. Account Data
You agree that you do not own or have any property interest in the Account, the characters we store on our servers, or any other intellectual property or data which the Services, Software, other services, servers and Accounts are comprised of. The Account, characters, and any other intellectual property and data which the Services, Software, other services, servers and Accounts are comprised of, are properties of ours and/or our licensors and/or any relevant third party platform. All rights in and to the Services, characters, Software, other services, servers and Accounts shall inure to our benefit. We reserve all rights to maintain, manage, consolidate, switch, migrate, terminate, dispose, alter and administer our servers and the data of the Services for the provision of the Services as we may deem fit in our sole discretion without any liability to you whatsoever.
16. Push Notifications
We may occasionally send you offers, promotions, and/or
information of interest by email, Facebook, whatsapp and email.
Our applications may also deliver notifications to your phone. You
can disable these notifications in your phone’s settings or by
deleting the relevant application.
You may be required to open an Account directly with Rastar by
completing the registration process and providing true, accurate,
current and complete information about yourself.
17. Copyright Authorization
If you are a copyright or trademark owner (or an agent of a copyright or trademark owner), when you post, submit and upload your copyright or trademark on the Websites, you irrevocably acknowledge and agree that Rastar can use, spread, copy, modify, sub-license, translate, publish, perform and display your copyright or trademark. In case you believe your copyright or trademark is infringed in a jurisdiction other than the United States, the procedures and laws of that jurisdiction shall also apply. IF YOU DO NOT AGREE WITH THE AUTHORIZATION, YOU MUST NOT POST YOUR COPYRIGHT OR TRADEMARK ON OUR WEBSITES.
18. General Provisions
The Terms of Use (including the Privacy Policy which is incorporated by this reference), as well as any specific rules, guidelines or instructions regarding a particular game, application or activity, constitute the entire agreement between you and Rastar relating to the Services and this Site, and supersede all prior agreements or understanding regarding this subject matter. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you and Rastar. If any of these Terms is determined to be unlawful, invalid, or unenforceable for any reason, then that provision will be disregarded and will not affect the lawfulness, validity and enforceability of any remaining provisions. You waive all defenses you may have based on the electronic form of these Terms and that you did not manually signed these Terms. If we fail to act with respect to a breach of any of these Terms by you or others, our failure does not waive our rights to act with respect to any later or similar breaches.
Rastar Games All rights reserved
Latest update: August, 2024
