Terms of Service

Effective June 1, 2017

Accepting the Terms

These Terms of Service (“Terms”) are a legally binding agreement between Superstar Games, Inc. (“Superstar” or “us”) and you. By using or accessing our mobile or web applications, games, websites, and/or other services owned, operated and published to you by Superstar (the “Services”) you agree to be bound by these Terms. You further agree that you have read, understand, and accept these Terms by your use and continued use of the Services. 

Right to Use The Services

Subject to your compliance with these Terms, Superstar grants to you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial entertainment purposes by accessing the Services through a web browser, virtual reality platform and/or mobile device. You explicitly agree that you will not use the Services for any other purpose other than as provided for by these Terms. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Services or to allow or assist anyone else to do so.

Superstar expressly reserves the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that Superstar may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.

You represent that you are thirteen (13) years old or older. YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE SERVICES. If you are between the ages of thirteen (13) and eighteen (18), you represent that your legal guardian has reviewed and agrees to these Terms.

You may not use the Services if you are barred from using the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You agree that your use of the Services will comply with all applicable laws, regulations and ordinances including, but not limited to, the export laws of the United States relating to software and data.

Account With Superstar

You may be required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information, and you will be responsible for keeping your password confidential.

Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else's account at any time. If you distribute your account or related information, Superstar reserves all rights to terminate your account immediately and without refund.

You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). Superstar is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.

 

Virtual Currencies/Goods

The Services may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Superstar for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Superstar or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Superstar’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Services. Doing so is a violation of the Terms and may result in termination of your account with the Services and/or legal action.

Superstar retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.

Rules of Conduct/Usage

The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. Superstar has no obligation to monitor these Communication Channels, but we may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. Superstar may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Superstar, and these communications should not be considered reviewed or approved by Superstar. Superstar will not under any circumstance be liable for any activity within Communication Channels.

You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:

post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable

defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable

upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers

violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)

attempt to obtain passwords or other private information from other members

improperly use support channels or complaint buttons to make false reports to Superstar

develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable license agreements

exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage

violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services

Disclaimer of Warranty

You agree that your use of the Services shall be at your sole risk, and that Superstar provides the Services on an “as is” basis. To the fullest extent permitted by law, Superstar, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. SUPERSTAR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. Superstar makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites linked to the Services; Superstar assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) 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 Services.

Limitation of Liability

SUPERSTAR DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT SUPERSTAR WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES 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 SUPERSTAR IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT SUPERSTAR IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES 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 UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION.

IN NO EVENT WILL SUPERSTAR 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.

YOU FURTHER AGREE THAT SUPERSTAR IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SUPERSTAR LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, 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.

UNDER NO CIRCUMSTANCES WILL SUPERSTAR BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE SUPERSTAR PARLOR IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.

Exclusion

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification by You

You agree to defend, indemnify and hold Superstar harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by Superstar, arising out of or resulting from your access or use of the Services including, but not limited to, your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; your violation of any third party’s intellectual property or other legal rights; and the illegal or improper use of your user account.

Limitations Period for Claims

Notwithstanding any law to the contrary, you agree that you will not initiate any legal action against Superstar arising out of or related in any way to your account(s), use of the Services, these Terms, the Privacy Policy, and/or any related matter, more than one (1) year after such cause of action accrues that is the basis of your legal action.

Injunctive Relief

You acknowledge and agree that the rights granted to you and your obligations to Superstar under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Superstar and cannot be compensated by monetary damages alone. You agree that Superstar shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.

General

These Terms and all aspects of the Service shall be governed by the laws of the State of California without reference to conflict of laws principles. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in San Francisco County, California, as applicable, for any matter arising out of or relating to these Terms and/or the Service. You agree not to commence any action against Superstar other than in the federal or state courts located in San Francisco County, California, and you hereby consent to, and waive all defenses with respect to, venue and jurisdiction in the federal and state courts located in San Francisco County, California.

 

Superstar reserves the right to amend, modify or revise these Terms at any time in any way, and you agree to be bound by all amendments, modifications or revisions. Your continued use of the Services after a change or update has been made will constitute your acceptance to the changed Terms.  You may not modify these Terms except in writing hand signed by both you and Superstar. For purposes of the Terms, “writing” does not mean an e-mail nor an electronic and/or facsimile signature.

These Terms are the entire agreement between Superstar and you hereto relating to the Services, and the Terms supersede and replace any prior agreements regarding the subject matter contained herein.  

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Superstar, and Superstar may in its sole discretion terminate your account if any purported assignment by you is made.

Privacy Policy

Effective June 1, 2017

Superstar provides this Privacy Policy (“Policy”) to inform you of its guidelines and practices regarding its collection, use and disclosure of personal information and other information we receive from users our Services. 

Unless otherwise defined, terms used in this Policy have the same meanings as in our Terms of Service (“Terms”). As used in this Policy, the terms “using” and “processing” information include using cookies, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization within the United States or internationally.

By using the Services, you agree to this Policy, and consent to our collection, storage, use and disclosure of your personal information. If you do not agree to this Policy, please do not use the Services.

Changes To Our Policy

We reserve the right to modify this Policy at any time and for any reason with or without notice to you. We will notify you of any significant or material changes by posting the new Policy online. We advise you to consult this Policy regularly for any updates or changes. Your continued use of the Services signifies your acceptance of any changes we may make to the Policy.

Data Transfers

Superstar stores and maintains its data on servers located inside and outside the United States. If you are located outside the United States and choose to provide information to Superstar, we may transfer your personal information to the United States or another country and process it there. By using our Services, you acknowledge that information may be transferred to (and stored and maintained on) computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may be less protective than those in your jurisdiction, and your submission of such information represents your agreement to such transfer. 

Information We Receive

Our principal goals in collecting information are to provide and improve our Services, and to enable users to enjoy and easily navigate the Services. When you interact with the Services, we collect and store user information as described below.

Information You Provide

Users provide Superstar with information by using the Services on different platforms such as Facebook, Google’s Daydream and Android, and Apple’s iOS (“Platforms”). When you use any of our Services, the information you allow Superstar access to is determined by the privacy settings you establish for your accounts on the Platforms. To review or change these settings, you must change the privacy settings for your account on the Platforms. In connection with your use of the Services, we may ask you for personally-identifying information which can be used to contact or identify you. This may include your first and last name, password (and similar information that helps us maintain security in account access), date of birth (to verify the age of and/or better understand the demographics of our users), contact information (which may include your email address and/ or phone number), user name, profile picture, and friend list, geographical data, and billing information (which includes your credit card information, home and/or business postal addresses). We also may retain other non-identifying information you provide as part of the administration and personalization of your account. This includes, but is not limited to, your zip code, gender, and individual preferences and settings.

Information We Collect When You Use the Services

When you use the Services, our servers automatically record certain technical information and usage statistics about your interactions with our Services. This may include, but is not limited to your computer's Internet Protocol address, time you spent on the Services, date and time of access, and other statistics.

Our Use Of Your Information

Superstar uses the information it collects about you to provide a secure, efficient and customized experience every time you use our Services. We use the personally-identifying information you have provided to us (sometimes in conjunction with non-identifying information) mainly to facilitate and improve use of the Services, complete your transactions, provide technical support and respond to user inquiries, prevent fraud or potentially illegal activities and enforce the Terms, resolve disputes, collect fees, and troubleshoot problems, identify and suggest connections with other users of the Services, solicit input and feedback to improve our products and services and customize your user experience, contact and inform users about new products or promotional offers, and provide newsletters, marketing or promotional materials and other information that may be of interest to you. We may also use certain information stored on your mobile device (such as address books and contact lists) solely for the purpose of enhancing your gameplay experience, including but not limited to suggesting neighbors, helping you discover friends that are also using the Service, or helping you invite friends to join you on the Service. Such data is not stored by Superstar or used by Superstar for any other purpose.

Superstar may also collect and store personal data and other information relating to other applications and programs you may have installed on mobile device, all of which is personally identifiable. This personal data and information is collected by Superstar in order for us to research the general behavior and interests of our users, and will be used and/or accessed by Superstar employees, consultants and contractors in order to conduct their research.

When we take some non-identifying information about you (e.g. your zip code) and combine it with other identifiers (e.g. your street address) in a way that allows you to be personally identified, it is considered a part of your personally-identifying information. But when taken alone or combined only with other non-identifying information (e.g. your viewing preferences) the same pieces of information are considered non-identifying information.

We may combine some of your personally-identifying information with non-identifying information, and aggregate it with information collected from other users to analyze how our Services. We do this to improve the quality of the Services and provide you with a better experience. We may also use the combined information without aggregating it to serve you personally (e.g. to deliver a product to you according to your preferences or restrictions).

We use the technical and usage data we collect to monitor and analyze use of the Services, for their technical administration, to increase their functionality and user-friendliness and better tailor them to our users' needs.  For example, some of this information is collected so that when you visit the Services again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this data to verify that visitors to the Services meet the criteria required to process their requests. 

We do not treat technical and usage data as personally-identifying information or use it in association with other personal information, though we may aggregate, analyze and evaluate the data for the same purposes as we use other non-identifying information.

If Superstar intends on using any of your information in any manner that is not consistent with this Policy, you will be informed of such anticipated use prior to or at the time at which the information is collected.

How We Share Information

We may share your information with third parties other than Superstar when we believe that sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. We direct all third parties to maintain the confidentiality of the information disclosed to them, and not to use your information for any purpose other than to provide services on Superstar’ behalf.

1. Superstar Users

When you join the Services, other users may see your username and the other information about you. We encourage users to think carefully about what personal information they disclose in their profile pages. We may display your personal information in your profile page and elsewhere in connection with the Services. Any information you choose to provide should reflect how much you want other users to know about you. We recommend that you choose a username is that not your real name to protect your anonymity and sensitive information.

2. Industry Analysis of User Metrics

 We may share aggregated data that includes your personal information, non-identifying information and technical and usage data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.

3. Service Providers

We may engage third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform tasks (which include, but are not limited to, maintenance services, database management, web analytics and improvement of the Services) or to assist us in analyzing how our Services are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.

4. Compliance with Law Enforcement

We will disclose any information about you to government or law enforcement officials or private parties that we, at our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including, but not limited to, court orders, search warrants, and subpoenas), to protect the rights and property of Superstar or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

5. Business Transfers

Superstar may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If material changes to Superstar’ privacy practices occur as a result of a business transition, we will notify our users of the business transition prior to transferring your personal information by updating this Policy online to reflect the changes.

Changing or Removing Information

To keep your data accurate, current, and complete, please contact us at privacy@superstargames.co. We will take reasonable steps to update or correct data in our possession that you have previously submitted via the Services. If you would like Superstar to delete the data we have collected about you, please contact us with your request to do so at privacy@s. If you choose to delete your data, you may not be able to use certain Services.

How We Protect Information

Superstar is committed to safeguarding your information. While we employ administrative, physical and electronic measures designed to protect your information from unauthorized access once we have received it, we cannot guarantee security in the transmission of data. We will make any legally mandated disclosures of breaches in the security, confidentiality, or integrity of your electronically stored unencrypted “personal data” (as defined in pertinent state statutes on security breach statements) to you by conspicuous posting on the Services without unreasonable delay in the most practical time possible subject to (i) the legitimate needs of law enforcement or (ii) any measures required to determine the scope of the breach and restore the satisfactory integrity of the data system.

If you have any questions about this Policy, please contact Superstar at privacy@superstargames.co.