NovaStar Game .Ltd.
Privacy Policy
1. Purpose
This Privacy Policy is incorporated by reference into the
NOVASTARGAME Terms of Service (the
“Terms”). The terms “NOVASTARGAME
,” “we,” and “us” include NOVASTARGAME and our affiliates and subsidiaries.
This Privacy Policy explains our online and offline information practices, the
kinds of information we may collect, how we intend to use and share that
information, and how you can opt out of a use or correct or change such
information. All other terms not defined in Section 14 or otherwise herein will
have the meanings set forth in the Terms.
2. Scope
This Privacy Policy applies to Personal Information that
is Processed by NOVASTARGAME in the
course of our business, including on NOVASTARGAME websites (each a “Site” or “Sites”),
mobile applications, forums, and other online or offline offerings (together
with any and all future online and offline offerings operated by or on behalf
of NOVASTARGAME , the “Services”). All individuals whose
responsibilities include the Processing of Personal Information on behalf of
NOVASTARGAME are expected to protect that data by adherence to this Privacy
Policy.
3. TRANSPARENCY/NOTICE—TYPES of Personal Information
We Collect and How We Use It
The types of Personal Information we may collect
(directly from you or from Third-Party sources) and our privacy practices
depend on the nature of the relationship you have with NOVASTARGAME and the
requirements of applicable law. Some of the ways that NOVASTARGAME may collect
Personal Information include:
You may provide Personal Information directly to
NOVASTARGAME through interacting with the Services, participating in surveys,
during events, such as sweepstakes, and requesting Services, or information.
As you navigate the Services, certain passive information
may also be collected about your visit, including through cookies and similar
technologies as described below.
We endeavor to collect only that information which is
relevant for the purposes of Processing. Below are the ways we collect Personal
Information and how we use it.
3.1 Types of Personal Information We Collect
NOVASTARGAME collects Personal Information regarding its
current, prospective, and former customers, users, visitors, guests, and
Employees (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services or engage in certain
activities, such as registering for an account with NOVASTARGAME , responding
to surveys, requesting Services or information, or contacting us directly, we
may ask you to provide some or all of the following types of information:
Communications with Us. We may collect Personal Information from you, such as
email address, phone number, or mailing address when you choose to request information
about our Services, to request to receive customer or technical support, or
otherwise to communicate with us.
Surveys. From
time to time, we may contact you to participate in online and/or offline
surveys. If you do decide to participate, you may be asked to provide certain
information which may include Personal Information. All information collected
from your participation in our surveys is provided by you voluntarily. We may
use such information to improve our Services and in any manner consistent with
the policies provided herein.
Posting in the Services. NOVASTARGAME may offer publicly accessible Services,
such as pages, blogs, private messages, or community forums. You should be
aware that, when you disclose information about yourself in NOVASTARGAME ’s
Services, the Services will collect the information you provide in such
submissions, including any Personal Information. If you choose to submit
content to any public area of the Services, such content will be considered
“public” and will not be subject to the privacy protections set forth herein.
Registration for Sweepstakes or Contests. Occasionally, NOVASTARGAME may run sweepstakes and
contests. We ask those who enter in the sweepstakes or contests to provide
contact information (e.g., an e-mail address). If you participate in a
sweepstakes or contest, your contact information may be used to reach you about
the sweepstakes or contest, and for other promotional, marketing and business
purposes. All sweepstakes/contests entry forms will provide a way for
participants to opt out of any communications that are not related to awarding
prizes.
Automatic Data Collection. We may collect certain information automatically through
our Services or other methods of web analysis, such as your Internet protocol
(IP) address, cookie identifiers, mobile carrier, mobile advertising
identifiers, MAC address, Advertiser ID, and other device identifiers that are
automatically assigned to your computer or device when you access the Internet,
browser type and language, geo-location information, hardware type, operating
system, Internet service provider, pages that you visit before and after using
the Services, the date and time of your visit, the amount of time you spend on
each page, information about the links you click and pages you view within the
Services, and other actions taken through use of the Services, such as
preferences.
Information Submitted Via Services. You agree that NOVASTARGAME is free to use the content of any
communications submitted by you via the Services, including any ideas,
inventions, concepts, techniques, or know-how disclosed therein, for any
purpose including developing, manufacturing, and/or marketing goods or Services.
NOVASTARGAME will not release your
name or otherwise publicize the fact that you submitted materials or other
information to us unless: (a) you grant us permission to do so; (b) we first
send notice to you that the materials or other information you submit to a
particular part of a Service will be published or otherwise used with your name
on it; or (c) we are required to do so by law.
Information from Other Sources. We may receive information about you from other
sources, including through Third-Party services and organizations to supplement
information provided by you. For example, if you access our Services through a
Third-Party application, such as Apple App Store, Google Play App Store, Amazon
App Store (together with any similar applications, “App Stores”) or
Social Networking Sites (“SNS”), such as Facebook, we may collect
information about you from that Third-Party application that you have made
public via your privacy settings. Information we collect through App Stores or
SNS accounts may include your name, your SNS user identification number, your
SNS user name, location, sex, birth date, email, profile picture, and your
contacts on the SNS. This supplemental information allows us to verify
information that you have provided to NOVASTARGAME and to enhance our ability
to provide you with information about our business, products, and Services.
3.2 How NOVASTARGAME Uses Your Information
We acquire, hold, use, and Process Personal Information
about Individuals for a variety of business purposes, including:
To Provide Products, Services, or Information Requested. NOVASTARGAME may use information about you to fulfill
requests for products, Services, or information; including information about
potential or future Services, including to:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and
features of NOVASTARGAME ’s Services;
Contact you to answer requests for customer support or
technical support;
Allow you to register for events.
Administrative Purposes. NOVASTARGAME may use Personal Information about you for
its administrative purposes, including to:
Measure interest in NOVASTARGAME ’s Services;
Develop new products and Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on
NOVASTARGAME ’s Services and systems, and, in NOVASTARGAME ’s discretion,
changes to any NOVASTARGAME policy;
Send email to the email address you provide to us to
verify your account and for informational and operational purposes, such as
account management, customer service, or system maintenance;
Process payment for products or services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Enforce our Terms.
Marketing NOVASTARGAME Products and Services. NOVASTARGAME may use Personal Information to provide
you with materials about offers, products, and Services that may be of
interest, including new content, product, or Services. NOVASTARGAME may provide
you with these materials by message, phone, postal mail, facsimile, email or
other communication means, as permitted by applicable law. Such uses include:
To tailor content, advertisements, and offers;
To notify you about offers, products, and services that
may be of interest to you;
To provide Services to you and/or a Third-Party;
For other purposes disclosed at the time that Individuals
provide Personal Information; or
Otherwise with your consent.
You may contact us at any time to opt out of the use of
your Personal Information for marketing purposes, as further described in
Section 6 below.
Research and Development. NOVASTARGAME may use Personal Information to create
non-identifiable information that we may use alone or in the aggregate with
information obtained from other sources, in order to help us to optimally
deliver our existing products and Services or develop new products and
Services. From time to time, NOVASTARGAME may perform research (online and offline)
via surveys. We may engage Third-Party service providers to conduct such
surveys on our behalf. All survey responses are voluntary, and the information
collected will be used for research and reporting purposes to help us better
serve Individuals by learning more about their needs and the quality of the
products and services we provide. The survey responses may be utilized to
determine the effectiveness of our Services, various types of communications,
advertising campaigns, and/or promotional activities. If an Individual
participates in a survey, the information given will be used along with that of
other study participants. We may share anonymous Individual and aggregate data
for research and analysis purposes.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information,
or whose Personal Information we obtain from Third-Parties, may receive
periodic emails, newsletters, mailings, or phone calls from us with information
on NOVASTARGAME ’s or our business partners’ products and services or upcoming
special offers/events we believe may be of interest. We offer the option to
decline these communications at no cost to the Individual by following the
instructions in Section 6 below.
Services via Mobile Devices. From time to time, NOVASTARGAME may provide Services
that are specifically designed to be compatible and used on mobile devices.
NOVASTARGAME will collect certain information that your mobile device sends
when you use such Services, like a device identifier, user settings, location
information, mobile carrier, and the operating system of your device. Mobile
versions of NOVASTARGAME ’s Services may require that users log in with an
account. In such cases, information about use of mobile versions of the
Services may be associated with accounts. In addition, NOVASTARGAME may enable
Individuals to download an application, widget, or other tool that can be used
on mobile or other computing devices. Some of these tools may store information
on mobile or other devices. These tools may transmit Personal Information to
NOVASTARGAME to enable Individuals to access accounts and to enable
NOVASTARGAME to track use of these
tools. Some of these tools may enable users to email reports and other
information from the tool. NOVASTARGAME may use personal or non-identifiable
information transmitted to NOVASTARGAME to enhance these tools, to develop new
tools, for quality improvement and as otherwise described in this Privacy
Policy or in other notices NOVASTARGAME
provides.
Anonymous and Aggregated Information Use. NOVASTARGAME
may use Personal Information and other information about you to create
anonymized and aggregated information, such as de-identified demographic
information, de-identified location information, information about the computer
or device from which you access NOVASTARGAME ’s Services, or other analyses we
create. Anonymized and aggregated information is used for a variety of
functions, including the measurement of visitors’ interest in and use of
various portions or features of the Services. Anonymized or aggregated
information is not Personal Information, and NOVASTARGAME may use such
information in a number of ways, including research, internal analysis,
analytics, and any other legally permissible purposes. We may share this
information within NOVASTARGAME and with Third-Parties for our or their
purposes in an anonymized or aggregated form that is designed to prevent anyone
from identifying you.
Sharing Content with Friends or Colleagues. NOVASTARGAME ’s Services may offer various tools and
functionalities. For example, NOVASTARGAME allows you to provide information
about your friends through our referral services, such as “Tell a Friend.” Our
referral services may allow you to forward or share certain content with a
friend or colleague, such as an email inviting your friend to use our Services.
Email addresses that you may provide for a friend or colleague will be used to
send your friend or colleague the content or link you request, but will not be
collected or otherwise used by NOVASTARGAME or any other Third-Parties for any other
purpose.
3.3 Cookies, Mobile advertising identifiers,
Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
We, as well as Third-Parties that provide content,
advertising, or other functionality on our Services, may use mobile advertising
identifiers, cookies, pixel tags, local storage, and other technologies (“Technologies”)
to automatically collect information through the Services. We use Technologies
that are essentially small data files placed on your computer, tablet, mobile
phone, or other devices (referred to collectively as a "device")
that allow us to record certain pieces of information whenever you visit or
interact with our Services, and to recognize you across devices.
Mobile Advertising Identifiers. Mobile advertising IDs are identifiers used by mobile
operating systems (Apple and/or Android) and made available to advertising
providers to gather metrics on mobile apps (Apple’s IDFA or Google’s AAID) to
help advertisers provide ads that may be more relevant to your interests.
Third-Party advertisers and advertising networks may use advertising
identifiers collected from the Services to deliver advertisements they believe
are relevant to you in other Third-Party apps.
Cookies.
Cookies are small text files placed in visitors’ computer browsers to store
their preferences. Most browsers allow you to block and delete cookies.
However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of
code embedded on the Site that collects information about users’ engagement on
that web page. The use of a pixel allows us to record, for example, that a user
has visited a particular web page or clicked on a particular advertisement.
Social Media Widgets: Our Services include social media features, such as
links to Facebook and LinkedIn (that might include widgets, such as the share
this button or other interactive mini-programs). These features may collect
your IP address or which page you are visiting on our Site, and may set a
cookie to enable the feature to function properly. These social media features
are either hosted by a Third-Party or hosted directly on our Services. Your
interactions with these features are governed by the privacy policy of the
company providing them.
Analytics. We
may also use Google Analytics, Google Analytics Demographics and Interest
Reporting, and Google Analytics for Firebase including Crashlytics and Fabric
Data Processing, such as “Fabric Answers,” “Fabric Crashlytics,” or “Fabric
Beta” provided by Google to collect information regarding visitor behavior and
visitor demographics on some of our Services, to collect information regarding
all or some of our Services, and to develop website content. This analytics
data is not tied to any Personal Information. For more information about Google
Analytics, please visit www.google.com/policies/privacy/partners/. For more information about Google Analytics for
Firebase, please visit https://firebase.google.com/docs/analytics/. You can opt out of Google’s collection and Processing
of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. Our uses of such Technologies fall into the following
general categories:
Operationally Necessary. We may use cookies, web beacons, or other similar
technologies that are necessary to the operation of our Services. This includes
technologies that allow you access to our Services; that are required to
identify irregular Services behavior, to prevent fraudulent activity and
improve security; or that allow you to make use of our functions, such as
shopping-carts, saved search, or similar functions;
Performance Related. We may use cookies, web beacons, or other similar
technologies to assess the performance of our Services, including as part of
our analytic practices to help us understand how our visitors use our Services,
to determine if you have interacted with our Services, to determine whether you
have viewed an item or link, or to improve our Services;
Functionality Related. We may use cookies, web beacons, or other similar
technologies that allow us to offer you enhanced functionality when accessing
or using our Services. This may include identifying you when you sign into our
Services or keeping track of your specified preferences, interests, or past
items viewed so that we may enhance the presentation of content in our
Services;
Advertising or Targeting Related. We may use NOVASTARGAME or Third-Party cookies and web
beacons to deliver content, including advertisements relevant to your
interests, in our Services or on Third-Party sites. This includes using
technologies to understand the usefulness to you of the advertisements and
content that has been delivered to you, such as whether you have clicked on an
advertisement.
If you would like to opt out of the Technologies we
employ in our Services, you may do so by blocking, deleting, or disabling them
as your browser or device permits.
3.4 Third-Party Websites, Social Media
Platforms, and Software Development Kits
The Services may contain links to other websites and
other websites may reference or link to our Services. These other domains and
websites are not controlled by us, and NOVASTARGAME does not endorse or make
any representations about Third-Party websites or social media platforms. We
encourage our users to read the privacy policies of each and every website and
application with which they interact. We do not endorse, screen, or approve;
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.
NOVASTARGAME ’s Services may include community forums or
private messaging features. We use Third-Party software development kits (“SDKs”),
such as the adjust GmbH SDK, the AppsFlyer SDK, and the Fabric SDK, as part of
the functionality of our Services. Third-Party SDKs may allow Third Parties
including advertisers to collect your Personal Information to provide content
that is more relevant to you. You may opt out of tracking by Adjust by going to
https://www.adjust.com/opt-out/. You may opt out of tracking by AppsFlyer by going to https://www.appsflyer.com/optout. You may opt out of tracking by Fabric by going to http://tools.google.com/dlpage/gaoptout.
3.5 Third-Party Payment Processing
We may sell virtual items or merchandise through our
Services. When you make purchases through the Services, we process your
payments through a Third-Party application, including the App store and SNS.
The Third-Party application may collect certain financial information from you
to process a payment on behalf of NOVASTARGAME, including your name, email
address, address, and/or other information.
4. Human Resources Data
NOVASTARGAME collects Personal Information from current,
prospective, and former Employees, their contact points in case of a medical
emergency, and beneficiaries under any insurance policy (“Human Resources
Data”). The Human Resources Data we collect may include title, name,
address, phone number, email address, date of birth, passport number, driver’s
license number, Social Security number or other government-issued
identification number, financial information related to credit checks, bank
details for payroll, information that may be recorded on a Curriculum Vitae or
application form, language abilities, contact information of a Third-Party in
case of an emergency, or contact information of a beneficiary under any
insurance policy. We may also collect Sensitive Human Resources Data, such as
details of health and disability, including mental health, medical leave, and
maternity leave; information about national origin or immigration status; and
optional demographic information, such as race, which helps us achieve our
diversity goals.
We acquire, hold, use, and Process Human Resources Data
for a variety of business purposes including:
Workflow management, including assigning, managing and
administering projects;
Human Resources administration and communication;
Payroll and the provision of benefits;
Compensation, including bonuses and long-term incentive
administration, stock plan administration, compensation analysis, including
monitoring overtime and compliance with labor laws, and company recognition
programs;
Job grading activities;
Performance and employee development management;
Organizational development and succession planning;
Benefits and personnel administration;
Absence management;
Helpdesk and IT support services;
Regulatory compliance;
Internal and/or external or governmental compliance
investigations;
Internal or external audits;
Litigation evaluation, prosecution, and defense;
Diversity and inclusion initiatives;
Restructuring and relocation;
Emergency contacts and services;
Employee safety;
Compliance with statutory requirements;
Processing of Employee expenses and travel charges; and
Acquisitions, divestitures, and integrations.
5. Onward Transfer—NOVASTARGAME May Disclose Your
Information
5.1 Information We Share
We may share your information as described in this
Privacy Policy (e.g., with our Third-Party service providers; to comply with
legal obligations; to protect and defend our rights and property) or with your
permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors
and service providers. The types of service providers to whom we entrust
Personal Information include service providers for: (i) provision of IT and
related services; (ii) provision of information and services you have
requested; (iii) payment processing; (iv) customer service activities; and (v)
in connection with the provision of the Services.
Business Partners. NOVASTARGAME may share Personal Information with our
business partners, and affiliates for our and our affiliates’ internal business
purposes or to provide you with a product or service that you have requested.
NOVASTARGAME may also provide Personal Information to business partners with
whom we may jointly offer products or services, or whose products or services
we believe may be of interest to you. In such cases, our business partner’s
name will appear, along with NOVASTARGAME. NOVASTARGAME requires our affiliates
and business partners to agree in writing to maintain the confidentiality and
security of Personal Information they maintain on our behalf and not to use it
for any purpose other than the purpose for which NOVASTARGAME provided them.
Displaying to Other Users. The content you post to the Services may be displayed
in the Services. Other users of the Services may be able to see some
information about you, such as your name if you submit a review. We are not
responsible for privacy practices of the other users who will view and use the
posted information.
Marketing – Interest-Based Advertising and Third-Party
Marketing. Through our Services,
NOVASTARGAME may allow Third-Party advertising partners to set tracking tools
(e.g., cookies) to collect information regarding your activities (e.g., your IP
address, page(s) visited, time of day). We may also share such de-identified
information as well as selected Personal Information (such as demographic
information and past purchase history) we have collected with Third-Party
advertising partners. These advertising partners may use this information (and
similar information collected from other websites) for purposes of delivering
targeted advertisements to you when you visit non-NOVASTARGAME related websites
within their networks. This practice is commonly referred to as “interest-based
advertising” or “online behavioral advertising.” We may allow access to other data
collected by the Services to facilitate transmittal of information that may be
useful, relevant, valuable or otherwise of interest to you. If you prefer that
we do not share your Personal Information with Third-Party advertising
partners, you may opt out of such sharing at no cost by following the
instructions in Section 6 below.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing
due diligence, reorganization, bankruptcy, receivership, sale of company
assets, or transition of service to another provider, then your information may
be sold or transferred as part of such a transaction as permitted by law and/or
contract. In such event, NOVASTARGAME
will endeavor to direct the transferee to use Personal Information in a
manner that is consistent with the Privacy Policy in effect at the time such
Personal Information was collected.
5.2 Data Transfers
All Personal Information collected via or by NOVASTARGAME
may be stored anywhere in the world, including but not limited to, in the
United States, the European Union, in the cloud, on our servers, on the servers
of our affiliates or the servers of our service providers. Your Personal Information
may be accessible to law enforcement or other authorities pursuant to a lawful
request. By providing information to NOVASTARGAME, you consent to the storage
of your Personal Information in these locations.
6. Opt-Out (RIGHT TO RESTRICT PROCESSING)
6.1 General
You have the right to opt out of certain uses and
disclosures of your Personal Information. Where you have consented to
NOVASTARGAME ’s Processing of your Personal Information or Sensitive Personal
Information, you may withdraw that consent at any time and opt out of further
Processing by contacting novastar.cs@novastargame.net. Even if you opt out, we may still collect and use
non-Personal Information regarding your activities in our Services and/or
information from the advertisements on Third-Party websites for non-interest
based advertising purposes, such as to determine the effectiveness of the
advertisements.
6.2 Email and Telephone Communications
If you receive an unwanted email from us, you can use the
unsubscribe link found at the bottom of the email to opt out of receiving
future emails. We will process your request within a reasonable time after
receipt. Note that you will continue to receive transaction-related emails
regarding products or Services you have requested. We may also send you certain
non-promotional communications regarding NOVASTARGAME and our Services and you
will not be able to opt out of those communications (e.g., communications
regarding updates to our Terms or this Privacy Policy).
We maintain telephone “do-not-call” and “do-not-mail”
lists as mandated by law. We process requests to be placed on do-not-mail,
do-not-phone and do-not-contact lists within 60 days after receipt, or such
shorter time as may be required by law.
6.3 Mobile devices
NOVASTARGAME may occasionally send you push notifications
through our mobile applications with notices that may be of interest to you.
You may at any time opt out from receiving these types of communications by
changing the settings on your mobile device. NOVASTARGAME may also collect
location-based information if you use our mobile applications. You may opt out
of this collection by changing the settings on your mobile device.
You can change or disable the mobile advertising
identifiers in your mobile device or limit advertising tracking through your
mobile device operating system’s privacy settings. For more information on how
to change the advertising identifier privacy settings on your device, please
visit
http://www.networkadvertising.org/mobile-choice or http://youradchoices.com/appchoices.
6.4 Human Resources Data
With regard to Personal Information that NOVASTARGAME
receives in connection with the employment relationship, NOVASTARGAME will use
such Personal Information only for employment-related purposes as more fully
described above. If NOVASTARGAME intends to use this Personal Information for
any other purpose, NOVASTARGAME will notify the Individual and provide an
opportunity to opt out of such uses.
6.5 “Do Not Track”
Do Not Track (“DNT”) is a privacy preference that
users can set in certain web browsers. DNT is a way for users to inform
websites and services that they do not want certain information about their
webpage visits collected over time and across websites or online services.
Please note that we do not respond to or honor DNT signals or similar mechanisms
transmitted by web browsers.
6.6 Cookies and Interest-Based Advertising
As noted above, you may stop or restrict the placement of
cookies on your computer or remove them from your browser by adjusting your web
browser preferences. Please note that cookie-based opt-outs are not effective
on mobile applications. However, on many mobile devices, application users may
opt out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites
from which you may opt out of receiving targeted advertisements from our data
partners and our other advertising partners that participate in self-regulatory
programs. You can access these, and also learn more about targeted advertising
and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google
Analytics here.
To be clear, whether you are using our opt-out or an
online industry opt out, these cookie-based opt outs must be performed on each
device and browser that you wish to have opted out. For example, if you have
opted out on your computer browser, that opt out will not be effective on your
mobile device. You must separately opt out on each device. Advertisements on
Third-Party websites that contain the AdChoices link and that link to this
Privacy Policy may have been directed to you based on anonymous, non-Personal
Information collected by advertising partners over time and across websites.
These advertisements provide a mechanism to opt out of the advertising
partners’ use of this information for interest-based advertising purposes.
7. Rights of Access, Rectification, Erasure, and
Restriction
You may inquire as to whether NOVASTARGAME is Processing
Personal Information about you, request access to Personal Information, and ask
that we correct, amend or delete your Personal Information where it is
inaccurate. Where otherwise permitted by applicable law, you may send an e-mail
to novastar.cs@novastargame.net or use any of the methods set out in this Privacy Policy
to request access to, receive (port), seek rectification, or request erasure of
Personal Information held about you by NOVASTARGAME . Please include your full
name, email address associated with your account, and a detailed description of
your data request. Such requests will be processed in line with local laws.
Although NOVASTARGAME makes good faith efforts to provide
Individuals with access to their Personal Information, there may be
circumstances in which NOVASTARGAME
is unable to provide access, including but not limited to: where the
information contains legal privilege, would compromise others’ privacy or other
legitimate rights, where the burden or expense of providing access would be
disproportionate to the risks to the Individual’s privacy in the case in
question or where it is commercially proprietary. If NOVASTARGAME determines
that access should be restricted in any particular instance, we will provide
you with an explanation of why that determination has been made and a contact
point for any further inquiries. To protect your privacy, NOVASTARGAME will
take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Information.
8. Data Retention
NOVASTARGAME retains the Personal Information we receive
as described in this Privacy Policy for as long as you use our Services or as
necessary to fulfill the purpose(s) for which it was collected, provide our
Services, resolve disputes, establish legal defenses, conduct audits, pursue
legitimate business purposes, enforce our agreements, and comply with
applicable laws.
9. Security of Your Information
We take steps to ensure that your information is treated
securely and in accordance with this Privacy Policy. Unfortunately, the
Internet cannot be guaranteed to be 100% secure, and we cannot ensure or
warrant the security of any information you provide to us. We do not accept
liability for unintentional disclosure.
By using the Services or providing Personal Information
to us, you agree that we may communicate with you electronically regarding
security, privacy, and administrative issues relating to your use of the
Services. If we learn of a security system’s breach, we may attempt to notify you
electronically by posting a notice within the Services or sending an e-mail to
you. You may have a legal right to receive this notice in writing.
10. International Users
By choosing to utilize the Services or otherwise provide
information to us, you agree that any dispute over privacy or the terms
contained in this Privacy Policy will be governed by the laws of State of
California and the adjudication of any disputes arising in connection with
NOVASTARGAME or the Services will be in accordance with the Terms.
If you are visiting from the European Union or other
regions with laws governing data collection and use, please note that you are
agreeing to the transfer of your information to the United States and People’s
Republic of China and to Processing of your data globally. By providing your
Personal Information, you consent to any transfer and Processing in accordance
with this Policy.
Some countries (including those in the European Union)
have laws that require agreements to be governed by the local laws of the
consumer's country or require that their substantive laws, including privacy
laws, apply. This section does not override those laws.
11. Children’s Privacy
The Services are not directed to children under 13, and
NOVASTARGAME does not knowingly collect Personally Identifiable Information
from children under 13. In addition, you are not permitted to use our Services
if you do not meet the minimum age requirement applicable to our Services in
your jurisdiction. If you learn that your child has provided us with Personal
Information without your consent, you may alert us at novastar.cs@novastargame.net. If we learn that we have
collected any Personal Information from children under 13 (and in jurisdictions
under the age of 16 in the European Union), we will promptly take steps to
delete such information and terminate the child’s account.
12. Redress/Compliance and Accountability
If you have any questions about our privacy practices or
this Privacy Policy, please contact NOVASTARGAME by email at novastar.cs@novastargame.net. We will address your concerns and attempt to resolve
any privacy issues in a timely manner.
13. Other Rights and Important Information
13.1 Changes To Our Privacy Policy and PRactices
This Privacy Policy may change from time to time. You
understand and agree that you will be deemed to have accepted the updated Privacy
Policy if you use the Services after the updated Privacy Policy is posted on
the Services. If at any point you do not agree to any portion of the Privacy
Policy then in effect, you must immediately stop using the Services.
Revision to the Privacy Policy. We may revise this Privacy Policy in our sole
discretion, so review it periodically. If you continue to use the Services made
available to you after such changes have been made, you hereby provide your
consent to the changes.
Posting of Revised Privacy Policy. If there are any material changes to this Privacy
Policy, NOVASTARGAME will notify you by email or as otherwise required by
applicable law. We will post any adjustments to the Privacy Policy on this web
page, and the revised version will be effective immediately when it is posted
(or upon notice as applicable). If you are concerned about how your information
is used, bookmark this page and read this Privacy Policy periodically.
New Uses of Personal Information. Additionally, before we use Personal Information for
any new purpose not originally authorized by you, we will endeavor to provide
information regarding the new purpose and give you the opportunity to opt out.
Where consent of the Individual for the Processing of Personal Information is otherwise
required by law or contract, NOVASTARGAME will endeavor to comply with the law
or contract.
14. Definitions
The following capitalized terms shall have the meanings
herein as set forth below.
“Agent” means any Third-Party that Processes
Personal Information pursuant to the instructions of, and solely for,
NOVASTARGAME or to which NOVASTARGAME discloses Personal Information for use on
its behalf.
“Employee” refers to any current, temporary,
permanent, prospective or former employee, director, contractor, worker, or
retiree of NOVASTARGAME or its subsidiaries worldwide.
“Personal Information” is any information relating
to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any
operation which is performed upon Personal Information, whether or not by
automatic means, such as collection, recording, organization, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or
combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal
Information” is a subset of Personal Information which, due to its nature,
has been classified by law or by policy as deserving additional privacy and
security protections. Sensitive Personal Information includes Personal
Information regarding EU residents that is classified as a “Special Category of
Personal Data” under EU law, which consists of the following data elements: (1)
race or ethnic origin; (2) political opinions; (3) religious or philosophical
beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where
Processed to uniquely identify a person; (6) health information; (7) sexual
orientation or information about the Individual’s sex life; or (8) information
relating to the commission of a criminal offense.
“Third-Party” is any company, natural or legal
person, public authority, agency, or body other than the Individual,
NOVASTARGAME or NOVASTARGAME ’s Agents.
APP PERMISSIONS OVERVIEW
1.Acess corse or fine location permission
1.1 Used to access the user’s approximate device location. This application may collect, use and share user location information to provide location-based services.
1.2 The geographic location of the user is determined in a discontinuous manner. This means that this application cannot continuously deduce the approximate location of the user.
2. IMEI permission
The main purpose of IMEI is to uniquely identify each device of our players (including players who use guest accounts to play our games) to ensure that players' login and purchase functions in the app work properly.
3. Bluetooth sharing permission
Used to access Bluetooth-related functions, such as scanning devices, connecting devices, and allowing data transfer between devices.
4. Acess Camera permission
Used to access the camera or capture images and videos from the device.
5. Access Read contacts permission
Used to access contacts and profiles on the user’s device, including changing entries.
6. Access Mike permission
Used to access and record microphone audio from user equipment.
7. Access Phone status permission
It allows access to the phone number of the device, current mobile network information or the status of any ongoing calls
8. Access Storage permission
Used to access shared external storage, including reading and adding any items.
TERMS OF SERVICE
1. Introduction
This Terms of Service, including our Privacy Policy,
which is incorporated herein by reference (“Agreement”) governs the
relationship between we and user (you) regarding your use of our website and
all software, products, games, virtual social platform app, features
(collectively “NOVASTARGAME Products”) and related services (collectively
“Services”) made available, displayed or offered by or through such website or
the third platform authorized by us.
By entering, playing, using or accessing to the services,
you fully agree to the terms of Agreement which may be altered time by time.
If you do not agree to this Agreement, please exit or
stop accessing the services.
In the Agreement including Privacy Policy or any other
rules, guidelines, codes of conduct or instructions, “We”, “us”, “our” refers
to NOVASTARGAME Limited (registered in the British Virgin Islands, United
Kingdom), including its joint ventures and related corporations.
2. Definitions
"NOVASTARGAME Products" is used as shorthand
for our online games and products published by NOVASTARGAME on behalf of third
parties,including but not
limitation to mobile games, virtual social platform app, information headline
app, chatting tools, information board.
“Services” refers to products, games, services, content,
located at http://www.novastargame.net and/or the other domains provided by NOVASTARGAME.
"Stopping" or to "Stop" an account
includes temporarily or permanently banning, terminating or muting an account.
If your account is muted, you can continue to play but will not be able to use
free text chat. If your account is banned or terminated, you will not be able
to access your account and any licenses previously granted to you to use
NOVASTARGAME Products will be revoked. This means you will lose your account,
characters and any in-game items or currency. More information about when NOVASTARGAME
may Stop your account can be found in section 7, section 8 and section 9 of
these terms and conditions.
"User Content" means all information of any
kind (including text, images, video, information and messages) uploaded or sent
by users on or in connection with our services. Our services may include social
elements which permit players to come into contact with and chat to other
players. Messages exchanged between players, whether in private in-game
messaging or public forums, are included within this definition of User
Content.
"Virtual Items" means (a) virtual currency,
including but not limited to virtual coins, gems, cash, tokens, or points, all
for use in the Service and (b) virtual in-game items.
"Virtual Currencies" is used to describe the
in-game currencies that can be purchased in certain NOVASTARGAME Products.
Other terms are defined in context below.
3. Terms of the agreement
3.1 Execution requisites
Our allowance to you to use and access the Services is
conditioned upon your agreement to all of the terms and conditions contained in
the Agreement. Such additional terms and conditions including the Privacy
Policy, any rules, guidelines, codes of conduct or instructions specified in
any NOVASTARGAME Product including our game rules are hereby incorporated in
this Agreement by reference. Your use of Services constitutes your agreement to
all such terms and conditions. If you do not agree, you should not access or
use such Services.
3.2 Eligibility
By registering for an Account or otherwise using our
Services, you represent that you are age 13 or older and you understand and
agree to this Agreement. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to this Agreement.
You shall not permit the use or access of the Services
through your Account by your child/ward if they are below the age of 13 years
old.
You are liable for all activities conducted through your
Account, whether or not authorized by you, including without limitation all
purchases and in particular, parents or guardians are liable for all activities
of their minor child conducted through the Account.
3.3 Amendments
We reserve the right, as our sole discretion, to amend,
update, change, modify, add or remove portions of these Terms of Service and
its Privacy Policy at any time by posting the amended Agreement at " http://www.novastargame.net " (the “Web Site”) or within the Services, upon the
conditions, including but not limitation: (a) changes in applicable laws; (b)
regulatory or security requirements; (c) relevant guidance or codes of
practice; (d) technical alterations to the services; and (e) to improve clarity
and consistency. Your use of Services after the amended Agreement comes into
effect constitutes your agreement to the amended Agreement.
4. License
By agreeing the agreement, we grant you a non-exclusive,
non-transferable, non-sharable, personal, limited license, which can be revoked
at any time, to use the services for non-commercial purposes in accordance with
the terms of this Agreement.
4.1 Intellectual property rights and ownership
THE NOVASTARGAME
PRODUCTS AND ANY ASSOCIATED SOFTWARE ARE LICENSED, NOT SOLD. YOUR
LICENSE CONFERS NO TITLE OR OWNERSHIP TO THE NOVASTARGAME PRODUCTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY
INTEREST IN ANY NOVASTARGAME
PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF NOVASTARGAME .
Materials (including without limit all information,
software, data, text, photographs, graphics, sound, marks and video) placed
within our services by us, or on our behalf, are protected by our (or our
business partners/suppliers/advertisers or licensors) copyright and other
intellectual property rights. The Services comprise of content, including but
not limitation, NOVASTARGAME ®,and
other intellectual property are registered and/or unregistered in China, Dubai
and other countries, belongs to us and/or our licensors and that are protected
by copyright, trademark, and other intellectual property laws and international
convention.
All intellectual property or other rights in any game
character, account, content, virtual currency, game resource and virtual items
in our services are and will remain the property of us and/or our licensors.
You are only granted limited permission (which can be revoked at any time) to
use such content or our services, subject to and in accordance with the terms
of the Agreement.
All third party’s intellectual property are the property
of their respective owners.
We are entitled to immediately terminate this license,
without any liability to you in the event of your any violation of the terms of
this Agreement.
You may not use the Services or the intellectual property
comprised in the Services in a manner that constitutes an infringement of our
or our licensors’ rights.
4.2 License Limitations
You shall not create, modify, adapt, reverse engineer,
recompile, reproduce, publish or distribute any derivative works of any
software, utilities, applications, simulators, tools, files or intellectual
property derived from, forming or otherwise used to provide the Services, or
otherwise use the Software and Services except as may be expressly provided in
this Agreement or to the extent permitted by law or relevant open source
licenses.
You must not use a modified/customized version of the
client software or attempt to copy, transfer or sub-license it.
You are not permitted to sell, auction, trade,
sublicense, rent, lease, loan or otherwise transfer the Software, Account,
virtual Items or any copyrighted material for profit.
Please note that any such activity may constitute civil
wrongs and/or criminal offences, and we reserve the right to take such action
as appropriate in the circumstances should we become aware that such offences
are being committed.
5. Account and securities
5.1 Account
To access the Services, we may require you to create an
account. When setting up an account for accessing the Services, you may be
asked to choose a character name and set your own password (collectively
“account info”).
You must not choose a character name that infringes the
rights of any third party, impersonates our staff or other users, which is
deliberately confusing, offensive, racist, obscene, hurtful, unlawful or
otherwise inappropriate.
We reserve the right to make such assessment in our sole
discretion, change any character name for any reason or take such other action
as we believe appropriate.
5.2 Security
You agree to keep your account info safe at all times and
not to disclose it to any other person that might jeopardize the security of
your Account. You are solely responsible for maintaining the confidentiality of
the Login Information, and you will be responsible for all activities of all
persons who use your account info to gain access to your account. You are
responsible to help ensure the safety of your account info, you must keep your
device free of viruses and other malicious code including Trojans, worms, time
bombs, malware and spyware.
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
us and submit an account recovery request via customer service button within
any of our products or services.
Real NOVASTARGAME staff will never ask you for your
account info.
6. User Content
6.1 User content
You will comply with and be bound by the policies and
rules of our services relating to User Content, including our content standards
policy as set out below.
We reserve the right without notice or refund to record, suspend,
remove or delete User Content or to disclose to the relevant authorities any
User Content or muted your account if: (a) it is the subject of a complaint;
(b) if we consider that it breaches our terms and conditions (including our
content standards policy) or the rules of a NOVASTARGAME Product; (c) if we
consider that such steps are necessary to protect us or others; (d) a criminal
act or civil wrong has been committed; or (e) we are required to do so by law
or an appropriate authority.
If you wish to notify us of an allegedly defamatory
statement contained on this website or you believe that material has been dealt
with in a way which constitutes infringement of your intellectual property
rights, please write to our registered office above stating the following:
1. Your contact details, including your full name, player
name (if applicable), your postal address, telephone number and email address.
2. The full details of the material complained about and
the reasons for the complaint.
3. The exact and full URL where you found the material.
4. If the request relates to copyright, provide proof
that you are the rights holder and a statement that, under penalty of perjury,
you are the rights holder [or an authorized representative].
Please mark the letter for the attention of the “Customer
Support Infringement Team” and ensure the letter is signed and dated. You have
the ability to remove content which you have posted on an NOVASTARGAME Product
forum. This can be done through the editing features within the NOVASTARGAME
Product. If you would like assistance with this, please contact NOVASTARGAME
via the customer support section of the applicable NOVASTARGAME Product
website. You should be aware that removing content from public display may not
ensure the complete or comprehensive deletion of the posted content.
6.2 Content standards policy
This content standards policy sets out our requirements
which apply to your User Content. This policy applies in addition to specific
User Content policies, such as any policies on forum posts, in-game chat and
private messaging or other policies within our services from time to time. In
addition to agreeing to comply with the terms of this policy, you also
undertake to comply with the spirit behind it. You must not encourage or assist
any other user to breach this policy. You are solely responsible for your User
Content including any User Content you place on any wiki, third-party platform
or forum.
• User Content Must:
a) be accurate, complete, uploaded or sent in good faith
and compliant with all applicable laws, regulations and codes of conduct; and
b) only be uploaded or sent if you own the rights in such
content, have appropriate permission from the rights owner, or are otherwise
authorized by law.
• User Content Must Not:
a) be obscene, hateful, inflammatory, threatening,
harassing, sexually explicit or deceptive or fraudulent in anyway;
b) promote violence or discrimination, promote or endorse
any illegal activity or otherwise be objectionable; be defamatory or an
invasion of an individual's right to privacy;
c) mock or denigrate other's religious beliefs, involve
in sensitive political topics, and stigmatize national leaders and religious
leaders;
d) infringe the intellectual property or other rights of
any third party, including copyrights, trademarks, database rights, any rights
of confidentiality or any similar rights; attempt to or purport to impersonate
any person or misrepresent your identity, affiliation or connection to any
other person;
e) include hyperlinks or connections to third party
websites; contain viruses, Trojans, worms, time-bombs, keystroke loggers,
spyware, adware or any other harmful programs or similar computer code designed
to adversely affect the operation of any device software, hardware or network;
f) reveal details that enable you or anyone else to be
identified or contacted outside of the game (e.g. last name, postal/email
address or telephone number);
g) have any commercial purpose; and
h) involve junk mail, spam, pyramid selling or similar
schemes.
6.3 License of user content
You agree that by submitting any material of any kind to
us (including but not limited to posting chat) for any purpose connected with
any services, you are giving us a non-exclusive, perpetual, irrevocable,
worldwide, royalty-free license to use, modify, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and
distribute such User Content for any purpose, provided that we may not use User
Content in violation of the Privacy Policy. You agree to waive any moral rights
to the extent permitted by law and that you will not withdraw the submission or
attempt to make a charge for its use. Furthermore, you warrant that you are the
exclusive copyright holder in relation to the submission and that the
submission in no way breaches the rights of any other person or entity.
6.4 Safety and abuse
We are under no obligation to (and do not) monitor User
Content. You should be aware of the potential risks of using a service which
includes extensive User Content. User Content may be inaccurate, out of date or
otherwise inappropriate. We cannot guarantee that users will comply with our
terms and conditions, rules or otherwise behave appropriately. You should not
assume that a person is who he or she claims to be. In your own interests, you
should not attempt to contact any user outside our services.
If you are the victim of offensive or inappropriate
behavior or receive any other unwanted communications, you should report such
inappropriate behavior to us via the in game "Report abuse" button
after clicking on the offensive statement and asking for customer services as
well as seeking appropriate external help, for example from parents or law
enforcement authorities. If you continue to suffer problems, or are not
satisfied, then you must stop using the relevant services.
7. Virtual Items
7.1 Description
Virtual Items include (a) virtual currency, including but
not limited to virtual coins, gems, cash, tokens, or points, all for use in the
Service and (b) virtual in-game items
a) Virtual Currencies can be used to acquire certain
digital goods/services, which we describe below as "Items". If you
obtain Virtual Currency from us, including through apple pay or google-play,
you must check that they have been correctly credited to your account and tell
us immediately if not. We have not authorized to any other third party or
website or platform to sell our virtual currencies.
Virtual Currency do not have any inherent value and are
not your own private property. When you purchase or receive Virtual Currency,
you do not own the Virtual Currency. Instead they constitute a measurement of
the extent of your license in an NOVASTARGAME Product. Similarly, any Virtual
Currency balance shown in your account does not constitute a real-world balance
or reflect any stored monetary value.
b) virtual in-game items defined including but not
limitation to game resource, gaming equipment, tools, mounts or any other
relating in-game items and/or items could utilize in chatting board or virtual
social platform operated by us. You can gain virtual in-game items by using
virtual currencies or through users’ gaming behavior, such as campaigning,
crusade or conquering.
7.2 Restriction
VIRTUAL ITEMS ARE FOR YOUR PERSONAL USE ONLY.
You must not sell or transfer them or make them available
to anyone else or attempt to do so, or encourage anyone else to do any of these
things.
We do not provide any cash or refunds for Virtual
Currency or Items (except as required by law) and Virtual Currency and Items do
not have any real-world monetary value.
We may impose additional restrictions concerning the
acquisition or redemption of Virtual Currency and Items. For example, we may
cap the amount of Virtual Currency which can be acquired, held or redeemed in
any particular period or we may impose restrictions based on your country of
residence.
FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY HAVE NO CASH
VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT
REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM
NOVASTARGAME AT ANY TIME.
7.3 rights of our action
We reserve the right to restrict access to, delete,
reduce or liquidate Virtual Currency: (1) if you have misused the Virtual
Currency or breached any of these terms and conditions; (2) if the Virtual
Currency were awarded in error; (3) if a payment for Virtual Currency is
charged back or otherwise cancelled or reversed; or (4) if you have used
Virtual Currency to conduct any fraudulent or illegal activity.
We reserves the right to restrict access to or delete
Items: (1) if you have misused the Items or breached any of these terms and conditions;
(2) if the Items were purchased using Virtual Currency awarded in error; 3) if
such virtual items are trading among users in real world which are strictly
prohibited in this Agreement, or (4) if a payment for Virtual Currency used to
purchase the Items is charged back or otherwise cancelled or reversed.
WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY
THE VIRTUAL ITEMS PROGRAM FOR ALL OR ANY OF OUR SERVICES. BEFORE WE DELETE THE
UNUSED VIRTUAL ITEMS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR
WEEKS TO REDEEM THEM.
IF YOUR ACCOUNT FOR AN NOVASTARGAME PRODUCT REMAINS
DORMANT (I.E. IS NOT USED) FOR MORE THAN 150 DAYS, AND THERE IS UNREDEEMED
VIRTUAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO TERMINATE YOUR
ACCOUNT.
YOU MAY ACTIVATE DORMANT ACCOUNT BY ASKING CUSTOMER
SERVICE AND WE WILL SUPPORT YOUR ACTION THROUGH THECHNICAL TOOLS BY ACTIVATE
YOUR ACCOUNT AND RECOVER VIRTUAL ITEMS IN THE ACCOUNT BASED ON THE DATA RECORD
WHEN THE TERMINATION ACTED. HOW EVER THE ALLIANCE/ UNION RECORD WILL NOT
RECOVER BECAUSE OF THE EFFECTIVENESS DEMAND AND LIFE CYCLE SETTING FOR THE
ALLIANCE/ UNION.
8. TRADING AMONG USERS
All trading, sublicensing, renting, leasing, loaning, selling
or transfers of Accounts, virtual currencies or virtual items, including
without limitation, trading of Account ID, Account Names, Virtual Items and all
out-of-game transfers, are strictly prohibited. Further, any transactions in
connection with the Game Resources or other Services amongst Users or provision
of in-games services such as power-leveling for “real-world” payment or payment
related to the Services is strictly prohibited. Unless other permitted by us.
You shall not access or use any Account or Game Resource
pursuant to any sublicense, rent, lease, loan, sale or prohibited transfer
arrangement.
We are not responsible for any losses that occur, whether
in relation to any trading activities. ANY AND ALL PROHIBITED CONDUCT MAY
RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH CONDUCT OR
TRANSACTIONS OR TERMINATION OF ACCESS THROUGH ANY ACCOUNTS INVOLVED IN SUCH
CONDUCT OR TRANSACTIONS.
9.Termination of user’s account
We reserve the right to stop, terminate or suspend your
account or our service If, acting reasonably, we consider that, including but
not limit:
a) our terms and conditions of this Agreement or any
NOVASTARGAME Product rules have or may have been breached;
b) there has been fraudulent, unlawful or abusive
activity; or
c) it is necessary in order to prevent or stop any harm
or damage to us, to any NOVASTARGAME Product, to other players or the general
public.
d) your account remains dormant for more than 150 days.
We may at any time: (I) Stop (as defined above) any or
all accounts for NOVASTARGAME
Products; (ii) restrict access to any content-uploading or other feature
of our service; and/or (iii) restrict access to or delete virtual items or
anything acquired by means of virtual currency.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY
NOVASTARGAME PRODUCT. UPON REASONABLE NOTICE TO YOU, WE MAY DEACTIVATE ANY
ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND
FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
10. Refund policy
We are happy to review requests for refunds on a case by
case basis. However, refunds are not always possible to give for many reasons.
Unless required by law, we will not refund any amounts
paid in relation to our services when:
• You have been the victim of in-game scamming, as there
are many warnings about avoiding this on the NOVASTARGAME Products (however, we
will try to assist you to recover your account).
• You have been banned from any services provided by us
for violating this Agreement, any rules of an NOVASTARGAME Product or the user
content policy.
• We stop offering part or all of our services or you
decide to cancel your account.
Please note, refunds are given at the sole discretion of
us.
11. Privacy policy
The terms of the Privacy Policy are incorporated into
this agreement by reference. For a description of how we use your personal
data, please see our Privacy Policy located at:https://www.novastargame.net/agreement_EN.html
12. Maintenance of our services
We will use reasonable endeavors to maintain operation of
our services and rectify faults as quickly as possible. We reserve the right to
modify, including by way of regular updates, temporally updates or emergency
updates our services and we may have to suspend operation of any of our
services without notice for repair, maintenance, improvement, security or any
other reason. If so, we will do our best to ensure that the suspension is as
short as possible. We cannot accept responsibility for such suspensions,
interruptions or errors caused by circumstances outside our reasonable control.
13. Third Party
You may download our products or access our services
through third party platforms (such as Apple store, Google-play, Twitter,
Facebook or YouTube). Our services may include links to internet sites or other
technologies supplied by third parties which enable you to pay by means of
payment methods provided by third parties, such as Apple store or Google-play.
We make no promises about third party’s sites or their
content, product or services as these are outside our reasonable control.
Any third party’s sites or technologies suggested are not
endorsed, controlled or verified by us. We do not guarantee that any suggested
technologies will work on your device or be virus free.
ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND
WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR
INCONVENIENCE CAUSED BY THIRD PARTY.
WE EXERCISES NO CONTROL OVER THE COPYRIGHT, PATENT OR
TRADEMARK COMPLIANCE OR LEGALITY OF THE THIRD PARTY.
14. LEGAL RESPONSIBILITY
Our services are provided on an “as is” and “as
available” basis.
We do not warrant that you will be able to access or use
our services at the times or locations of your choosing or that our services
will be uninterrupted or free of errors. Accordingly, we are not liable to you
for any loss or damage that might arise, for example, from the inoperability,
unavailability or security vulnerabilities of our services or from your
reliance on the quality, accuracy or reliability of our services.
We expressly disclaim liability for any loss or damage
caused by us or our employees or agents in circumstances where a) there is no
breach of a legal duty of care owed to you by us or by any of our employees or
agents; b) such loss or damage is not a reasonably foreseeable result of any
such breach; or c) such loss or damage relates to a business.
By using or accessing our services, you agree to waive
all legal duty of care owed to you by us to the maximum extent allowed by law.
The maximum liability of us to you for losses or damages that you suffer in
connection with our services or this Agreement shall not exceed the amount that
you paid to us during the six (6) months prior to the time the cause of action
arose.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THE TERMS AND
CONDITIONS OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSS
OR DAMAGE, TO THE EXTENT THAT SUCH LIABILITY CANNOT UNDER ANY APPLICABLE LAW BE
EXCLUDED OR LIMITED.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER
ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF AN NOVASTARGAME
PRODUCT.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR
STATUTORY RIGHTS AS A CONSUMER.
15. Dispute Resolution and Law
If a dispute arises between you and us, we strongly
encourage you to first contact us directly to seek a resolution by going to our
customer service site by clicking customer service button within any of our
services.
These Terms of Service and any dispute arising out of or
related to it or Privacy Policy or the Service shall be governed in all
respects by the English law, without regard to conflict of law provisions.
Any dispute, controversy, difference or claim arising out
of or relating to this Agreement, including the existence, validity,
interpretation, performance, breach or termination thereof or any dispute
regarding non-contractual obligations arising out of or relating to it shall be
referred to and finally resolved by arbitration administered by the Hong Kong
International Arbitration Centre (HKIAC) under the HKIAC Administered
Arbitration Rules in force when the Notice of Arbitration is submitted. The
arbitral award is final and binding upon both parties
·The law of this arbitration clause shall be Hong Kong
law.
·The seat of arbitration shall be Hong Kong.
·The number of arbitrators shall be three. The
arbitration proceedings shall be conducted in English.
16. General
These agreement, Privacy Policy and any other rules,
guidelines, codes of conduct or instructions incorporated by reference
constitute the entire agreement between the parties with respect to its subject
matter and supersedes any previous terms and conditions between the parties in
relation to such matters.
The limitations, exclusions and restrictions in these
terms and conditions shall inure to the benefit of our licensors, successor and
assigns. Headings above are for guidance only and not binding. If we fail to
enforce any provision of these terms and conditions, that failure will not
preclude us from enforcing either that provision (or any similar provision) on
a later occasion.
If any provision of these terms and conditions is found
by a court to be invalid, we agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision and that other
provisions remain in full force and effect.
We may transfer all or part of our rights or duties under
this agreement provided we take reasonable steps to ensure that your rights
under this agreement are not prejudiced.
As this agreement is personal to you, you may not
transfer any of your rights or duties under it without our prior written
consent. A person who is not a party to this agreement shall have no rights to
enforce any term of this agreement.
17. LANGUAGE OF THE TERMS
If we provide a translated version of the Agreement or
any other terms or policy, it is for informational purposes only. In the event
of any conflict between a translation of this Agreement and the English
version, the English version shall prevail.
18. Complaints
If you are dissatisfied with this agreement or any aspect
of it, please contact us via our customer service site by clicking customer
service button within any of our services. If you are unhappy with the outcome
of your complaint, please write to our registered office above providing us
with the following information: your name, username, email address, the full
details of your complaint, NOVASTARGAME ’s previous response to your complaint
and why you disagree with the outcome. Please mark the letter for the attention
of the “Customer Support Complaints Team”.