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, and/or its affiliates 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 ("we", or "us") 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 Games 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 GAMES. 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 Games and its related and affiliated companies are 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”). 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 ("we", or "us") 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 Games
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 GAMES. 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 Games and its related and affiliated companies are 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 Games. 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 Games.
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 GAMES.
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 Games.
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 Games 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 Games 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 Games 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 Games’ written
permission;
(21) Buy, sell or trade Virtual Items or user Accounts for non-Rastar Games items (including
cash) or vice versa;
(22) Make improper use of Rastar Games’ support services, including by submitting false abuse
reports;
(23) Imply or state that any statements you make are endorsed by Rastar Games without Rastar
Games’ 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 Games 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 Games.
9. System Maintenance
Rastar Games periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Rastar Games 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 Games 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 Games 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 Games 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 Games 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 GAMES, 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
Games 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 GAMES 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 GAMES 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 GAMES
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 GAMES 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 GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK
TO HOLD RASTAR GAMES 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 GAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID
RASTAR GAMES 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 Games 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 Games 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,
wechat, 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 Games 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 Games 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 Games 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 Games. 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: December, 2022