Terms Of Service
Terms of Service of Stardust Surfers Studio LLC
Subject
to terms and conditions of this Agreement (“Agreement”, “Terms”),
Stardust Surfers Studio LLC (hereafter also referred to as “we”)
grants to User (hereafter also referred to as “you”) the right to
use Services. Stardust Surfers Studio LLC and the User are together
referred to as “Parties”. By accepting these Terms, you expressly
acknowledge that you understand these Terms and agree to be bound
hereby and all further amendments and supplements hereto. We are not
obliged to notify you about any amendments and/or supplements made
to the Terms. You are responsible for checking these Terms regularly
for amendments and supplements. The current version of the Terms is
available on the Website.
Please note, that Stardust
Surfers Studio LLC does not grant the right to use the Services to
persons who do not comply with age limits determined on the Website
for each particular Service. By accepting these Terms, you warrant
that you comply with provisions of Applicable Law and the Law of
your country, including, but not limited to, age limits. By
accepting these Terms, you also affirm that you are at least at the
age of acceptance to the use of Service determined on the Website or
that you have reviewed these Terms with your parent or guardian and
he or she assents to these Terms on your behalf and takes full
responsibility for your compliance with them. If you are under the
age of 13, you must have permission from your parent or guardian in
order to use the Services. If you do not have permission from your
parent or guardian, certain features and functionality of the
Services may be disabled. Information regarding the use of your
personal information may be found in Stardust Surfers Studio LLC’s
Privacy Policy or in the privacy policy specific to the Service you
are using.
By accepting these Terms, you acknowledge that
you are fully responsible for compliance with provisions of the
Applicable Law and the Law of your country. Hereby you warrant that
all information provided by you is true. Stardust Surfers Studio LLC
is not responsible for checking the authenticity and reliability of
the information provided by the User.
You shall ensure
that the device you are going to exploit for use of the Services
meets all their requirements. Services requirements are available on
the Online Store page of each application.
You agree that
the use of the Services is at your sole risk. Stardust Surfers
Studio LLC is not responsible for any negative effects of
interaction of the Services and your device or the Services and any
other services that you use on your device.
1. Definitions
Subject to this Agreement the used terms shall have the
following meanings:
“User” – person which may use the
Services on a device for that the Services are adapted by Stardust
Surfers Studio LLC or any authorized representative.
“Services”
- website, services, Forums, games, and applications provided by
Stardust Surfers Studio LLC
“Third party services” – website,
services, forums, games, and applications provided by third
parties.
“Trademarks” – trademarks of Stardust Surfers Studio
LLC both registered and unregistered.
“Technical support” –
consultation of the Users regarding use of the Services conducted by
Stardust Surfers Studio LLC or any authorized representatives
“Law
of the User’s country” – law of the country of the User’s
citizenship or residence.
“Applicable law” – law determined as
regulating by this Agreement.
“App” – a downloadable game
and/or application as a kind of the Services.
“SNS” – social
networking service.
“Virtual currency” – in-game currency.
“Virtual
items” – virtual, in-game digital goods or items.
“Roll-back” –
reset of the App to an earlier status.
“Beta” - App, its
elements, Services, and contents that are not smoothly running
yet.
“Forum(s)” - blogs, message boards, online forums, and
other functions that provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, or distribute to
the world Forum Content.
“Forum Content” - links, writings,
photos, graphics, or other material which may be created, submitted,
posted, displayed, transmitted, performed, published, or distributed
to the world via blogs, message boards, online forums and other
functions.
“Inappropriate Activity” – actions that are
indecent, explicit, offensive, or which otherwise violate these
Terms.
“Stardust Surfers Studio LLC Content” – all content
included in the Services, including, but not limited to,
Trademarks.
“Your Content” – content created by the User.
“Confidential
Information” - all written or oral information relating to the
business of either Party that became known to any Party that has
been defined as confidential or that by the nature of the
circumstances in which the disclosure occurred should to be
considered as confidential.
2. License and Restrictions
Subject to these Terms, Stardust Surfers Studio LLC
grants you a non-exclusive, limited, revocable, non-transferable
license to use the Services for your personal, non-commercial use.
You may not:
a) modify, translate,
reverse-engineer, reverse-compile or decompile, disassemble, create
derivative works of, or gather or extract data related to the
Services;
b) reproduce, duplicate,
copy, sell, resell, or otherwise exploit the Services, in whole or
in part, for any purpose without our express written consent;
c)
copy, reproduce, display, sell, resell, or otherwise exploit content
of the Services, including, but not limited to, pictures, photos,
videos, sounds, texts, and Trademarks without previous written
consent of Stardust Surfers Studio LLC;
d)
remove, obscure, or modify the Trademarks, any copyright notices or
other legal notices.
Stardust Surfers Studio LLC grants
you a non-exclusive, non-transferable, revocable, limited license to
use the App for your personal, non-commercial use on authorized
devices, unless otherwise specified. The App may not be copied,
resold, or sublicensed. These Terms apply to all versions and
updates to the App, including, without limitation, free and paid
versions.
The App may include measures to control access
to the App (including age controls), prevent unauthorized copies, or
otherwise attempt to prevent anyone from exceeding the limited
rights and licenses granted under these Terms. You may not take any
action to circumvent or defeat such security features. If you
disable or otherwise tamper with the technical protection measures,
your license to use the App or other Services shall be considered
automatically revoked.
3. Third-Party Services
The Services may contain information about and links to
Third party services. The Third party services may not be available
in all languages or in all countries. Third party services may
require payment. Stardust Surfers Studio LLC is not obliged to
evaluate Third party services, including, but not limited to, their
content or accessibility. Stardust Surfers Studio LLC is not obliged
to provide the Users with access to Third party services. Stardust
Surfers Studio LLC may restrict access or change conditions of
access to the Third party services via the Services. Stardust
Surfers Studio LLC is not obliged to notify you about such
restrictions.
Stardust Surfers Studio LLC is not
responsible for the accessibility of the Third party services, their
content, functions, and any negative effects of the use of the Third
party services. Stardust Surfers Studio LLC is not responsible for
any consequences of restrictions or changes of conditions of access
to the Third party services via the Services. Your rights and
obligations regarding the Third party services shall be governed by
the separate terms of use and privacy policies of the applicable
third-party provider (provider of the Third party services).
4. Access to the Services
You may be required to register an account before using
certain Services ("Account"). You may also be required or
have the option to access the Services through an SNS.
Your
Account is personal to you, and you may not rent, lease, sell,
trade, gift, bequeath, or otherwise transfer it to anyone else. You
agree to provide true and complete information about yourself when
you register your Account and to keep it up to date. You may not
have more than one Account or access the Services through more than
one SNS at any given time. You are solely responsible for
maintaining the confidentiality of your password and username and
for any activities that occur under your Account.
Stardust
Surfers Studio LLC does not authorize the use of automated methods
to sign up for an Account, and Stardust Surfers Studio LLC reserves
the right to immediately terminate your access to the Services or
your Account if you breach these Terms or otherwise violate any
Applicable law or Law of your country.
By using the
Services and providing us with your contact information, you
explicitly consent to receive communications from us. If you would
not like to receive such communications, please review certain
information on the Stardust Surfers Studio LLC website.
5. In-Game Virtual Currency and Virtual Items
The Service may include an opportunity for you to earn,
buy or otherwise obtain Virtual Currency to access Virtual Items.
Methods and conditions of obtaining Virtual Currency are at our sole
discretion. Virtual Currency and Virtual Items are not real
currency, do not have monetary value, and may not be redeemed for
legal currency or items of value outside of the Services. Virtual
Currency and Virtual Items obtained via the Services are provided to
you under a limited, personal, revocable, non-transferable,
non-sublicensable license to use within the Service. You have no
property interest, right or title in or to any Virtual Currency or
Virtual Items appearing or originating in the Service, and they may
not be transferred or resold in any manner, including, without
limitation, by means of any direct sale or auction service.
You
agree that all sales of Virtual Currency and Virtual Items are
final. No refunds will be given, except in our sole and absolute
discretion. Stardust Surfers Studio LLC has no liability for hacking
or loss of your Virtual Currency or Virtual Items or any goods or
services obtained via Virtual Currency. Stardust Surfers Studio LLC
is not obliged to and does not reimburse you for any Virtual
Currency or Virtual Items obtained via Virtual Currency. Stardust
Surfers Studio LLC reserves the right to change