Effective date: 2024-01-01
The terms of this agreement (“Terms of Use”) govern the relationship between you and StarSmith Games ltd. (hereinafter “StarSmith Games”) regarding your use of StarSmith Games’s games, mobile applications, in-game chats and other related services (“Services”) provided by StarSmith Games. Use of the Service is also governed by StarSmith Games’ Privacy Policy, which is incorporated herein by reference.
BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES PROVIDED BY STARSMITH GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND STARSMITH GAMES PRIVACY POLICY; AND REPRESENT THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE OR DISAGREE WITH THEM, PLEASE DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES WITHOUT ACCEPTANCE OF THESE TERMS OF USE IS STRICTLY PROHIBITED.
1. Account
You may use your account only for your personal, non-commercial purposes. You shall not share the Account or the Login Information (such as Google Play account or Apple ID), neither should you let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for keeping your Login Information confident, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. StarSmith Games will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify StarSmith Games and modify your Login Information. In the absence of such prompt notification we cannot guarantee the safety of your Service progress.
2. Ownership & license
StarSmith Games owns & reserves all rights, title and interest in and to the Service, and all data and content included therein, without limitation any games, titles, including any game content such as computer code, objects, characters, dialogues, concepts, artwork, animations, catch phrases, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character information, recordings of games played using StarSmith Games game client and server software.
StarSmith Games owns and has rights to use any content that appears in the Services. You agree that you have no ownership, right or title in or to any content that appears in the Service, including without limitation (a) “Virtual Goods” or (b) “Virtual Currency” appearing or originating in any StarSmith Games Services, whether earned in a Service or purchased from StarSmith Games, or any other attributes associated with an Account or stored on the Service. You agree & acknowledge that you have no ownership or other property interest in the Account, and you further agree and acknowledge that all rights to the account are and shall forever be owned by StarSmith Games.
StarSmith Games hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Services for your non-commercial entertainment use only, conditioned upon your compliance with these Terms or Use.
Unless expressly granted a license by StarSmith Games in a signed writing, you may not reproduce, distribute, copy, exchange, modify, decompile, translate, lease services or any works from StarSmith Games’ intellectual property.
Any violation of the ownership or use not in accordance with these Terms of Use is expressly prohibited and may result in severe civil or criminal penalties.
3. License limitations
You agree that while using any of StarSmith Games Services you will not, under any circumstances:
· Initiate, assist, take part (directly or indirectly) in any type of attack, including any type of hacker attack, distribution of any viruses, worms, adware or any deleterious/malicious code upon the Services, or other attempts to disrupt the Services or to disturb any other person’s use of the Services.
· Harass, bully, threaten any other users, post or submit any abusive, threatening, bullying, obscene, harassing, offensive, pornographic or illegal content, or any other content that infringes or violates the rights of other users.
· Exploit any errors or bugs found in the provided Services and/or distribute them, nor promote the use of them to the other users in any way or form.
· Attempt to access another user’s Account, collect or harvest personal information from other users, nor attempt to obtain another user’s Login information.
· You will not attempt to gain unauthorized access to the Service, to Accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;
· Apply any software, device, technology, or code to the Services in attempt to send content, spider, crape, or crawl the Services, nor harvest or manipulate data from the Services, including any user data;
· Advocate, promote, or otherwise encourage any illegal behavior (including, but not limited to gambling, use of drugs, theft, causing harm to human life or health), or facilitate violation of these Terms of Use.
4. Purchases
Within the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual goods” such as: (a)”virtual currency”; (b) “virtual in-game items”; (c) other goods or services.
You are only allowed to purchase virtual goods from us or our authorised partners through the Service, all other ways are prohibited unless stated otherwise.
All Virtual Goods transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Goods, you agree to the third-party payment providers’ Terms of Use.
You agree you do not have ownership or other property interest in any of the Virtual Goods you purchase the license for. Virtual Goods do not have monetary value and cannot be redeemed for any real world currency. You agree that all prices and sales of Virtual Goods are final and you can’t obtain any refunds for purchasing the license to use them except as expressly authorized by StarSmith Games.
StarSmith Games reserves the right to change or limit the price, availability, or order quantity of any Virtual Goods as well as regulate, manage, modify or eliminate Virtual Goods with or without prior notification. StarSmith Games shall have no liability to you or any third party in the event that StarSmith Games exercises any such rights.
5. User Content
StarSmith Games Services may include opportunities to participate in group chats, surveys, message blogs, public or close tests or any other opportunities to create, submit and publish writings, graphical or other material (“User Content”). You grant, represent, warrant and agree that any of such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by StarSmith Games in accordance with these Terms of Use.
You understand and agree that by using the Services you may be exposed to User Content and actions from other users that are offensive, indecent, explicit or do not meet your expectations in any other way. StarSmith Games reserves the right, in its sole discretion, to monitor, edit, refuse to post or remove any User Content. You acknowledge and agree that StarSmith Games nonetheless assumes no responsibility and no obligation to modify any inappropriate User Content and that StarSmith Games shall have no liability to you and or any third-party in any way for User Content, or for any damage or loss therefrom.
6. Updates & modification of the product
StarSmith Games reserves the rights to modify, change, update any parts of the Service such as Virtual Goods, Virtual In-game Items and any other features, and specifications of the Service with or without prior notice or liability to you. You acknowledge and agree that StarSmith Games may require you to accept and download the updates required for further use and support of StarSmith Games Services. You also acknowledge and agree that we may introduce automatic updates and/or modification to the Service which shall be applied without manual install, with or without additional notice to you.
7. Termination
You understand and agree that if, under any circumstances, any of these terms are violated, regardless of whether the violation was accidental or intentional, these Terms of Use will be automatically terminated. Upon termination you must immediately stop any use of the Services. You acknowledge and agree that StarSmith Games has the right to terminate or disable your Account at any time for any reason or no reason with or without prior notification. You agree that your obligations stated in the following sections: “2. Ownership & License”,“5. User Content”, “3. License Limitations” survive any termination.
8. WARRANTIES & LIABILITY LIMITATION
WITHOUT LIMITING ITS LIABILITY STARSMITH GAMES WAIVES ANY WARRANTY AND/OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, THAT PROVIDED SERVICES ARE SUITABLE FOR YOUR PURPOSES, UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, FUNCTION PROPERLY OR DO NOT CONTAIN ANY HARMFUL COMPONENTS. ANY STARSMITH GAMES SERVICES ARE PROVIDED “AS IS”.
STARSMITH GAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT OR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSS, PROFIT LOSS, DATA LOSS, BUSINESS LOSS) REGARDLESS OF WHETHER STARSMITH GAMES HAS BEEN ADVISED OF SUCH DAMAGE OR NOT.
9. TERMS OF USE UPDATES
You acknowledge and agree that StarSmith Games reserves the right to update, modify or revise these Terms of Use or Privacy Policy at any time, by publishing updated version to website located at
starsmithgames.com. The updated Terms of Use or Privacy Policy come into force immediately upon being published on
starsmithgames.com. You are advised to check the website from time to time for notices concerning such updates.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
10. Contact Us
If you have any questions about this Terms of Use or Privacy Policy, please contact us by email:
[email protected]