STAR SUPREMACY TERMS OF USE
INTRODUCTION:
Welcome to the web site ("Site") of Barbily's Star Supremacy (the "Game"). The Game includes two components: (a) the software program along with any accompanying game content (collectively, the "Software"), and (b) Barbily's Star Supremacy online service (the "Service"). Your use of the Software is subject to a software license agreement. Your use of the Service is subject to these Terms of Use. You started to play the Game constitutes your complete and irrevocable acceptance of the software license agreement and these Terms of Use.You must obtain an authorization code for the Software from us, and register for and log in using an authorized account you create at the Site (a "Game Account") to play the Game.
The Site may hyperlink to sites not maintained or related to us. Hyperlinks are provided by us as a service to users and are not sponsored by or affiliated with this Site, and we makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's policies and terms.
IMPORTANT REMINDER: THESE TERMS OF USE ALONG WITH AMENDMENTS, SUPPLEMENTS, MODIFICATIONS OR UPDATES GOVERN YOUR USE OF THIS STAR SUPERMACY WEB SITE AND YOUR USE OF ANY ACCNOUNT YOU CREATED AT THE STAR SUPERMACY WEB SITE. THESE TERMS OF USE CONTAIN LIMITATION ON YOUR BEHAVIORS AND OUR LIABLITIES, SO PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU START TO PALY THE GAME.
ACCOUNT REGISTRATION:
To register a Game Account, you must be over the age of thirteen (13). You must provide truthful and accurate information to us in creating your Game Account(s). If we has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, we may suspend or terminate your ability to use or access the Game, and refuse any and all current or future use of or access to the Game. We at our sole discretion may limit the number of accounts a user can establish. You shall comply with guidelines published by us for the composition of a user name and password. We at our sole discretion may change, reject, or cancel the registration of a user name if we deem to be offensive or improper.
USE OF YOUR GAME ACCOUNT(S):
You are solely responsible for all activity on any and all of your Game Account(s) and for the security of your computer system. This includes illegal or improper use by someone to whom you have given permission to use your Game Account(s) or whom you have negligently allowed to access your Games Account(s).
NO OWNERSHIP IN GAME ACCOUNT(s):
You agree that you have no ownership rights in your Game Account(s). We may suspend, terminate or cancel your Game Account(s) and delete all user content associated with your Game Account(s) at any time, and without notice, if we deem that you have violated these Terms of Use, the law, or for any other reason.
We do not recognize the transfer of Game Account(s). You may not purchase, sell, gift or trade any Game Account, or offer to purchase, sell, gift or trade any Game Account, and any such attempt shall be null and void.
VIRTUAL ITEMS AND GAME EXPERIENCE:
You may be required to pay "real" money to obtain virtual items (including but not limited to virtual properties and currency) used for playing the Game.
You have no property interest in any virtual items or game experience accumulated through playing the Game. Virtual items or game experience may not be transferred or resold for commercial gain in any manner. Virtual items and/or game experience have no monetary value, and cannot be used to purchase or use products or services other than within the Game. Virtual items and/or game experience cannot be refunded or exchanged for cash or any other tangible value. All virtual items and/or game experience are unconditionally forfeited if your Game account is terminated or suspended for any reason.
We have no liability for hacking or loss of your virtual items or game experience. We have no obligation to, and will not, reimburse you for any virtual items or game experience lost due to your violation of these Terms of Use. We reserve the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.
GAME CONTENT:
All content created and/or displayed by us on this Site and/or the Game, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, virtual goods or currency and the compilation of the foregoing (collectively, "Game Content") is our property (including all intellectual property right). You shall not use any Game Content for any commercial purpose, in any manner that is likely to cause confusion among consumers, that disparages or discredits us, that dilutes the strength of our property, or that otherwise infringes our intellectual property rights. You further agree to in no other way misuse any Game Content that appears on the Site and/or the Game.
USER CONTENT:
Subject to your compliance with Code of Conduct as described below, you will be allowed to communicate in-game with other users and/or our representatives by submitting texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings and other materials and content (collectively, "User Content"). You have all ownership rights in the User Content that you post to the Site or the Game, and you have the right to use your User Content in accordance with applicable laws and generally accepted ethics standards; however, provided that (a) the User Content displayed, published or posted by you on the Site or the Game shall not infringe upon the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. (b) you hereby grant us a non-exclusive, sub-licensable, worldwide, royalty free license to use, modify, edit, publicly perform, publicly display, reproduce, and distribute your User Content on or through the Site or the Game; (c) you agree that any User Content will not be treated as confidential or private; and (d) you agree that we have right to remove or delete any User Content at our sole discretion for any reason from the Site or the Game.
You understand and acknowledge that you take full responsibility for the User Content you post to the Site and/or the Game. We expressly reserve the right, but have no obligation, to monitor or review any User Content; however, we do not endorse, approve, or prescreen any User Content that you or other users post or communicate on or through the Site and/or the Game. We do not assume any responsibility or liability for any User Content that is generated, posted or communicated by you or any other user on or through the Site and/or the Game. You agree to indemnify us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any User Content you post or communicate on or through the Site and/or the Game.
CODE OF CONDUCT:
Without prejudice to any other limitations placed to you under these Terms of Use, you shall not conduct any behavior with cheating, illegal, false, misleading or infringing feature when you use the Site and/or play the Game. You shall not conduct any behavior that is harmful to our interests when you use the Site and/or play the Game. You shall not conduct any behavior that is outside the spirit of the Game. We reserve the right to determine which conduct we consider to be outside the spirit of the Game and to take such disciplinary measures as we think appropriate up to and including termination and deletion of the Game Account.
Examples of Prohibited Behaviors: The following examples are not meant to be exhaustive.
(a) attempting to obtain a password, other account information, or other private information from any other user of the Game or our employee or contractor, and/or using such information for any purpose;
(b) posting, transmitting, promoting, or distributing any content or message that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate;
(c) posting, transmitting, promoting, or distributing any content or message that may constitute a commercial use of the Site or the Game;
(d) attempting to sell any part of the Game, including, without limitation, any virtual items (if applicable), Game Account(s) and access to them in exchange for real currency or items of monetary or other value, or making any commercial use of the Site or the Game;
(e) uploading any software, files or content to the Game or the Site that you do not own or have the legal right to freely distribute, that allow you or other users to cheat in the Game,that may adversely affect the operation of the Site or the Game or feature of the Site or the Game,or that contain a virus or corrupted data or any other malicious or invasive code or program;
(f) harassing or threatening any other user of the Game or us or our employee or contractor; and
WARRANTY DISCLAIMER:
THE SITE, THE GAME AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AMENDMENTS TO THESE TERMS OF USE, THE SITE OR THE GAME:
We reserve the right, at our sole discretion, to change, modify, add to, supplement or delete, at any time, any of these Terms of Use, effective with or without prior notice; provided, however, that material changes to these Terms of Use will not be applied retroactively. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you may terminate, and immediately stop using, the Site or the Game. Your continued use of the Site or the Game following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.
We reserve the right, at our sole discretion, to change, modify, suspend, or discontinue any aspect of the Site or the Game at any time. We reserve the right, at our sole discretion, to also impose limits on certain features or restrict your access to parts or all of the Site or the Game without notice or liability.
VIOLATION OF THESE TERMS OF USE:
If you violate any of these Terms of Use, we reserve the right, at our sole discretion, to immediately terminate your participation in the Game, including any and all Game Accounts you have established. You acknowledge that we are not required to notify you prior to terminating any Game Account and you have no right to claim compensation for this termination.
TERMINATION:
You may terminate these Terms of Use by deleting the Software and terminating all Game Accounts registered to you. In the event that you terminate or breach these Terms of Use, you acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid by you prior to any termination of these Terms of Use. We may terminate these Terms of Use (and your access to the Game) without notice for your violation of these Terms of Use.
INDEMNIFICATION:
You agree to indemnify and hold us, our officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney\'s fees, related to your violation of these Terms of USE, your use of the Site and/or the Game.
LIMITATION OF LIABILITIES:
UNDER NO CIRCUMSTANCES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR THE GAME, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL FEES PAID BY YOU TO US.
APPLICABLE LAW AND JURISDICTION:
These Terms of Use are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region, excluding its conflicts of law rules. You expressly agree that any claim or dispute you may have with us based upon or in any manner related to our Service and/or these Terms of Use shall be submitted to the Hongkong International Arbitration Centre for arbitration.
MISCELLANEOUS:
These Terms of Use constitute a binding agreement between you and us, and is accepted by you upon your use of the Game or registration of the Game Account; however, these Terms of Use never create any partnership, agency, employment, representative relationship between you and us.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
No delay or failure to take action under these Terms of Use shall constitute any waiver by us of any provision of these Terms of Use.
These Terms of Use are personal to you and may not be transferred, assigned or delegated to any third party.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Site or the Game. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
For the purpose of these Terms of Use, the word "we", "us" or "our" refers to Barbily Information Technology Co., Ltd. and/or its Affiliate. The term "Affiliate" means any person or entity which controls, is controlled by, or is under common control with Barbily Information Technology Co., Ltd.
You may send a written notice to the address specified below when you believe there is a breach of these Terms of Use and/or an infringement upon your legal right:
Barbily Information Technology Co., Ltd.
Attention:
Address:Room 404, Building 8, No. 328 Xinghu Street, Suzhou, Jiangsu, China
Tel:0086-512-87068087
E-mail:support@barbily.com