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General Terms and Conditions

Dated 22.5.2018

 

I. General Terms and Conditions (“GTCs”)

A. Scope

1. These General Terms and Conditions (“the GT&C” or “contract”) apply to and govern the use of all content and services offered by Greentube Malta Ltd (“the Operator”) on the website (“the Stargames website”), in “Stargames Apps” or otherwise in electronic form, unless different or additional conditions apply or are agreed upon in individual cases. The GT&C also particularly apply to such content and services sent, posted or uploaded by users to the Stargames website (“the User or Player”), including e-mails, SMS (text messages), forum contributions, chat messages and images (“User Content”), as well as to the acquisition of virtual goods and virtual currencies. 

2. Stargames Apps are mobile applications which the user can obtain from third-party suppliers. Stargames Apps allow the user to use games on mobile smartphones and tablet devices. The GT&C provisions on the Stargames Apps will apply only if and when the Operator makes available the Apps service to the Users. 

3. The type and mode of use, particularly by means of a computer, mobile devices and/or other hardware or software, will not affect the validity of the GT&C.

4. The Operator, explicitly reserves the right to change the GT&C at any time.

5. The User confirms that he/she fully acknowledges these GT&C in the course of registering on the website by selecting the check box “I accept the GT&C” and pressing the “Registration” button and, at the same time, declares his/her explicit agreement with these GT&C by selecting the check box “I accept the GT&C” and pressing the “Registration” button.

6. The Privacy Notice and Cookies Policy are integral part of these GT&C. By accepting the GT&C the User accepts also the Privacy Notice and Cookies Policy 

7. The User confirms that he/she fully acknowledges and expressly accepts these GT&C also in the course of registering via a Stargames App.

8. In the event of discrepancies between the English version and a version in other language, of this document, the English version of the GT&C will take precedence and construed to have the correct interpretation. This also applies to all game instructions and any texts found on the website.

 

B. Place of Contract Formation and Jurisdiction

1. All legal relationships between the Operator and the User are governed exclusively by Maltese law.

2. It is agreed that the Maltese courts shall have exclusive jurisdiction for any disputes arising from or in connection with the existence, formation or termination of this contract between the User and Operator. 

 

C. Company’s Purpose

1. The Stargames website allows Users to participate in the games by registering with an account. In addition, the Operator offers Stargames Apps within which the User can apply to register for an account or use an existing registered Website account. The same account can be used on the Website and in the Stargames Apps. Separate regulations concerning Stargames Apps can be found under Point M. Detailed information about the services covered by the Stargames Apps can be found in the FAQ section of the Stargames website.

2. The Operator can also, at its own discretion, make access to the gaming platform, games, Stargames Apps and content offered therein, and Stargames services subject to specific conditions (such as a particular account type), which shall be communicated on the Website on a case-by-case basis. Furthermore, access to the gaming platform and games, the Stargames Apps and the content and/or services offered therein may be temporarily or permanently limited at any time, which shall be communicated on the Website, and when possible to the Users on a case-by-case basis.

3. The Operator reserves the right to extend, change, supplement or limit the available range of services at any time.

 

D. Conditions of Participation

1. The right to participate in the games and use the services provided on the Website and in the Stargames Apps exists only to the extent actually offered by the Operator in each case, taking into account all conditions and/or limitations introduced by the Operator. Such limitations and/or conditions can apply to all Users, User groups and/or individual Users.

2. The User is solely responsible for the technical configuration of the User’s end device. The Operator offers users free e-mail support. There is no guarantee that e-mails will be answered within a certain period of time.

3. Any additional benefits beyond the aforesaid offered free of charge do not form part of the performance obligations and may be discontinued by the Operator at any time.

 

E. Registration

1. Account

1. Users may open an account by completing the registration process on the Stargames website and/ or the Stargames Apps. This account can be used only on the Stargames website and in the Stargames Apps. You must have an account to use the bonus system when using the Stargames Apps.

2. Each individual may only open one account. The registration of an account on the Stargames website and/or the Stargames Apps is free of charge and allows the User to access games provided therein and the following features:

  • Access to the games on the Stargames Website and in the Stargames Apps;
  • Creation of a personal player profile;
  • Use of any Stargames challenge system on the Website; and
  • Acquisition of bonus points (“Stars”)

 

2. Registering for an Account

2.1. The Operator offers the option to create two types of User accounts.  

The short version registration must include the following details, which must be stated correctly and completely without providing any misleading information:

  • personal and confidential pseudonym (“username”, “nick”). The User is not entitled to any specific nick. The username must be unambiguous and distinct. Offensive, immoral, objectionable or political extremist names and names that glorify violence are not permitted. Names that contain or clearly suggest internet links and account names that allege the user has certain enhanced rights (e.g. in a role as administrator) are also not permitted. The Operator reserves the right to prohibit, block and remove any unacceptable username at any time. The account will be unblocked once the user has changed the username to a permitted “nick”
  • Password. The User is not entitled to any specific password and is solely responsible for the safety and security of his/her account.
  • Valid E-mail address.

 

The short version registration shall allow the User to play only with the virtual goods and/or currencies that may be granted for free from the Operator. 

 

The long version registration must include in addition to the above also these personal information: 

  • Name and surname;
  • Date of birth;
  • Gender;
  • Address;
  • Telephone number; and 
  • Security question and answer

               

The User must be at least 18 years old in order to complete the long version registration and purchase virtual good and/or currencies. 

2.2 Use of account features is possible by means of the activation link sent by e-mail together with the acknowledgement of registration. Until the account has been activated, the User will neither be able to participate in games nor purchase Stars Packs in the shop.

2.3 The contract between the User and the Operator on the use of the content and services offered on the Stargames website and in the Stargames Apps is formed upon proper completion of the registration process on the Stargames Website or Stargames App.

2.4 Should any information provided by the User prove to be false, the Operator is entitled to bar the offending User wholly or in part, up to indefinitely, from using the services and/or content, and may refuse to issue any Stars won by the User.

2.5 The User undertakes to keep his/her personal data up to date at all times and to correct the user data on the provided section of the Website in the event of any changes of name, address, e-mail, etc. The User is also responsible for protecting his/her access data against unauthorized third-party access. Any action carried out via the account of the User and/or under the User’s name shall be attributed to the User.

 

F. Property Rights to Content

1. By registering an account and/or using the services and/or content provided by Stargames and the Stargames Apps, the User acknowledges that the entire content of Stargames and the Stargames Apps is the sole and unrestricted property of the Operator. The User undertakes to use the Website, Stargames Apps, services and any related content and information exclusively for the intended personal, private purpose, and to refrain from changing, copying, publishing, distributing or otherwise exploiting any of the aforementioned resources. The User further undertakes to refrain from interfering with the Website, Stargames Apps, services and any related content and information by any technical means whatsoever.

2. Any User content and activity data (such as photos, questions, suggestions about games and organisational processes, etc.) transferred directly or indirectly by the User to the Operator via Stargames and/or the Stargames Apps shall become the sole and unrestricted property of the Operator. No entitlement to compensation shall arise. The transfer of User content and activity data of any kind, including the technical and tactical sequences of the games themselves, by the user constitutes a transfer of rights to the transferred content.

 

G. Proper Conduct

1. Improper conduct on Stargames and Stargames Apps is strictly prohibited and includes but is not limited to:

  • breaking the rules regarding communication between users (see point H);
  • deliberately submitting false or misleading information;
  • any attempt to influence the result of a game by collusion, tampering with the program or by any other means contrary to the rules;
  • causing malfunctions or failure deliberately in order to influence the course of a game;
  • creating several gaming accounts for one person;
  • breaking any other rules set forth in the GT&C.

 

2. The User shall, in particular:

  • make no attempt to decompile or reproduce the gaming software used on the Stargames website and in the Stargames Apps, not interfere with these in any other way, and not develop any software that interferes with the gaming software used on the Stargames website, in the Stargames Apps and as part of client-server communications;
  • not use any type of software that permits the use of artificial intelligence or allows opponent profiling or user collusion;
  • not use any software that, at the Operator’s sole discretion, is regarded as a program that allows a user to cheat or gives a user an unfair advantage over another player;
  • use the games and services at the Stargames website exclusively through an internet browser;
  • refrain from using any scripts which are not authorised by the Operator;
  • not use any software that allows the user to analyse or reproduce the Website, the Stargames Apps or individual games, or that allows the user to interfere with the Website, the Stargames Apps and the games and/or their programming in any other way;
  • not use any program causing an excessive burden on the server.

3. If required, the Operator reserves the right to take the necessary steps to detect and prevent the use of such software by Users, including but not limited to identifying and locating the programs installed on the User’s computer or (mobile) end device, or monitoring a player’s behaviour for the purposes of an investigation and prevention of abuse. Should the Operator detect or suspect with good reason the use of such prohibited software or other form of abuse, the Operator shall be entitled to suspend the relevant User’s account for a the necessary period, that may extend  to six (6) months or more,. The Operator is entitle also to withhold any virtual goods and currencies in that account and/or to declare them as revoked and/or to suspend the player wholly or in part, temporarily or permanently, from the Stargames website, the Stargames Apps and any other services and content of the Operator or its associated companies.

 

H. Communication and Other Conduct between Users

1. The User is responsible for ensuring any User content data generated by him/her does not violate any applicable legal provisions or third-party rights. Specifically, the User undertakes to respect the privacy of other users, and to refrain from posting or display any offensive, immoral, objectionable, racist, xenophobic, discriminatory, pornographic, or sexually degrading statements or content, or statements that glorify violence, as well as any kind of threat or harassing behavior.

2. The following is also prohibited:

  • the distribution of advertising;
  • conducting surveys;
  • the distribution of chain letters;
  • the use of the term “administrator”;
  • spreading viruses, worms, etc. and any other activity affecting other computer systems and programs;
  • messages that serve the exclusive purpose of spreading religious, political and ideological convictions;
  • bothering other users by entering senseless combinations of characters, etc.;
  • deliberately blocking games and communication processes in any way.

 

I. Sanctions for Improper Conduct

The Operator reserves the right to instantly and unilaterally terminate the contract with any Users whose conduct is contrary to the GT&C rules. The Operator also has the right to terminate any ongoing games, block an account or ban a user with or without prior notice and delete or withhold Stars credits where applicable.

 

J. Termination

1. Both parties, i.e. the User and Operator, may terminate the contract with immediate effect at any time and without stating a reason. To do this, the User must send an e-mail with his/her name and account name to support@Stargames.com The closure of the account will be carried out once the security question has been answered correctly. If the correct answer to the security question cannot be provided, a copy of a current and official proof of identity (ID) must be sent to support@Stargames.com The details on the ID must match those in the account. By terminating the contract, the User loses all claims to his/her account and to any services, content, remaining virtual goods and virtual currencies that are revoked upon termination.

2. Should an account not be logged into over a period of at least 12 months, it may be closed due to lack of activity. However, before the closure is carried out, at least two notification e-mails will be sent to the account holder using the e-mail address recorded in the account data. Said e-mails shall contain the due information regarding the log-in and remaining validity term of the account. In closing the account, the User loses all claims to his/her account and to any services, content, remaining virtual goods and virtual currencies, which are revoked upon termination.

 

K. “Stars” (Bonus Points)

1. Users are awarded bonus points called “Stars” for undertaking certain actions. Stars can be acquired and used in the various games on the Website and in the Stargames Apps.

2. Within the Stargames Apps, Stars may also be acquired via a “guest account”, as defined in the section bellow. This rule will apply only in case and when the Operator shall offer the possibility to create “guest accounts”. 

3. Stars are awarded according to a system that is explained in detail in the “FAQs” page of the Stargames website. The Operator reserves the right to make changes to the system at any time.

4. The Operator may offer the User the opportunity to acquire Stars without charge for his/her activities on the Website and in Stargames Apps. Stars may be also available for a fee in the website shop and through the Stargames Apps. For further information on this topic, please see bellow point M - Virtual Goods.

 

L. Stargames Apps

1. The Operator offers selected games both on and off the Website as downloads for the User’s mobile devices. The technical configuration of the User’s devices used for that purpose is the sole responsibility of the User.

2. Stargames Apps are only offered for smartphones and tablet platforms. The Operator is not bound in any way to make such Stargames Apps available on any particular brand or device.

3. Third-party suppliers offer Stargames Apps. Consequently, the specific terms and conditions of the relevant third parties shall apply. The third-party service terms, such as Apps shop, internet, social media or mobile operating systems terms are not related to these GT&C.

4. By installing the Stargames Apps, the User agrees to make some or all the following details concerning his/her end device available to the Operator for the purpose of error correction and App quality improvement: version number of the Stargames App used, end device model and version number of the operating system, free capacity, process cycle of the App, display characteristics, hardware configuration and software environment, system settings, system log file and, if applicable, information on the inbuilt radio receiver and its configuration.

5. In the Stargames Apps, there is a difference between a guest account and User account. Guest accounts allow a person to use the App in anonymous mode, and with limits to his/her use of the available Stars and bonus systems. Once the person completes his/her registration, a standard User account will be created. All Stars acquired on the guest account can be transferred to his/her User account following the complete registration.

6. Upon proper completion of the registration process in a Stargames App, the User will also be able to automatically access Stargames games on the Website using the same account data.

7. Stargames Apps are downloaded on the User’s end device via an internet connection. The connection costs applied may vary depending on the mobile operator or internet service provider and the User is charged separately by them. It is explicitly stipulated that the connection costs charged by mobile and internet service providers (and possible basic fees) are not included in the scope of the Operator’s services and users will be charged for them separately by mobile and internet service providers.

8. The range of Stargames Apps can be seen on the Website. The Operator reserves the right to launch, change, reduce or expand the range of Stargames Apps at any time, as well as to change the price of the Stargames Apps at any time, without stating a reason. Furthermore, the Operator has the right to no longer offer Stargames Apps at its own discretion. In exercising that right, the Operator has no obligations whatsoever towards the User. The User has no claim to compensation if the Stargames Apps that he/she downloaded are no longer offered or are offered under limited or changed conditions.

9. The Stargames Apps are protected by the copyright and trademark rights of the Operator. The User is allowed to save Stargames Apps on his/her end device. Any other form of saving, copying, any other duplication, editing or distribution of the game by the User is strictly forbidden and may be prosecuted according to the applicable laws.

 

M. Virtual Goods

1. On the Website and in Stargames Apps, the Operator allows Users to acquire and use virtual goods and/or virtual currencies. The goods and currencies offered may vary depending on the type of game. The User must be at least 18 years old in order to complete the registration and purchase virtual goods and/or currencies. 

2. The User has the opportunity to acquire the right to use virtual goods and/or virtual currencies on the Website and in the Stargames Apps by paying real money. The acquisition of virtual goods or currencies solely grants the user the right to use them within the scope of the Stargames Website and Stargames Apps, and in accordance with these GT&C. Any change or transfer of the rights to the acquired goods or currencies (e.g. ownership) shall be excluded. The object of purchase is exclusively limited in terms of time, content and location to the use of the relevant goods and currencies within the scope of and in accordance with the respective game. The virtual goods and currencies which can be acquired within the framework of the Stargames Apps are also available on the Stargames website via the User account. The virtual goods and currencies acquired by the User on the Stargames website are also available within the Stargames Apps.

3. Any refund, redemption or compensation in real money of the virtual goods and/or virtual currencies is excluded. In case of violation of these GT&C, the Operator is entitled to withdraw and revoke any and all of the rights granted for the use of virtual goods and/or currencies. Upon termination of contract for any reason whatsoever, any and all rights granted for the use of virtual goods and/or currencies shall expire. Any virtual goods/currencies still available to the User upon termination shall be forfeited. The User shall not be entitled to any compensation.

4. The User is forbidden from transferring his/her account and any virtual goods and/or currencies held therein to any third party. The User account is created only for use of the services provided on the Website or Stargames Apps, any data on the Operator’s servers and any User content data are the sole and unrestricted property of the Operator.

5. The virtual goods and/or currencies on offer can be found on the Website and/or within the Stargames Apps. The Operator reserves the right to change, reduce or expand the range of virtual goods and currencies at any time, as well as to change the price of the goods and currencies at any time, without stating a reason. Furthermore, the Operator has the right to no longer offer goods and currencies or to offer them, under the form of promotions, either free of charge or for a fee, at its own discretion. In exercising that right, the Operator has no obligations whatsoever towards the User. The User is not entitled to any compensation, subject to applicable consumer protection rules, should the goods and currencies he/she uses be withdrawn or provided under different conditions, regardless of whether said goods and currencies are offered on a temporary or permanent basis. Moreover, the Operator has the right to delete or change the User account and its associated history and/or virtual goods and currencies at any time and without giving a reason. In such cases, the User is entitled to terminate the contract with immediate effect. Any further claim by the User is excluded.

6. Payment for virtual goods and currencies can be made on the Stargames website using one of the payment methods available in the shop. Within Stargames Apps, virtual goods and currencies can be acquired from third-party service providers.

7. To obtain virtual goods and currencies on the Stargames website, the User must first create a long version registration as provided above. It means that he/she should provide the following personal information:

  • Name and surname;
  • Date of birth;
  • Gender;
  • Address;
  • Telephone number;
  • Security question and answer.

 

8. The main currency for payments of virtual goods and currencies on the Website is the Euro (€). Other currencies are also available. The prices for virtual goods and currencies are displayed in the currency of the User’s country, provided that this currency is supported by the Website. If the User uses a currency other than the Euro, the exchange rate at the time of the payment is applied when converting into Euros. All figures in any currency other than the Euro shall be calculated by applying the current exchange rate according to the European Central Bank.

9. Payment for virtual goods and currencies with real money can be made via different payment methods found on the Website, or within the Stargames Apps using the payment methods of third-party suppliers. The Operator reserves the right to change the payment methods available without giving a reason. The Operator further reserves the right to set specific prerequisites for the use of certain payment methods. The Operator offers no guarantee for the uninterrupted availability of all payment methods.

10. Virtual goods and currencies shall be considered paid for as soon as the account of the Operator has been irrevocably credited with the corresponding amount. All account and/or monetary transactions are checked by the Operator without assuming any liability. Any suspicious account and/or monetary transactions will be reported to the appropriate governmental authority.

11. The Operator reserves the right, at its own discretion, to refuse the allocation of virtual goods and currencies or to set limitations on the number of goods and currencies or on the total amount. In case of suspicion of fraud or violation of laws or these GT&C, the Operator has the right to suspend acquisition processes and the related payment transactions until the situation has been clarified. The conditions set forth in Point I shall also apply.

 

II. LIABILITY and WARRANTY

1. Claims for damages against the Operator, against its associated companies, against the agents of the Operator in connection with the services and content offered on the Stargames website, and in connection with the Stargames Apps and the services and content offered therein are excluded, unless the relevant loss or damage is caused by the Operator, its associated companies or its vicarious agents due to gross negligence or deliberate action. This limitation of liability does not apply to personal injury.

2. The Operator, its associated companies and/or its agents and its Stargames Apps business partners shall be liable for damages beyond the scope of application of the product liability legislation in accordance with the relevant statutory provisions.

3. The Operator assumes no liability for loss or damage of any kind arising from the improper use of the account by the User. The Operator is not liable for any damage whatsoever arising from the improper use of the account by a third party (i.e. persons other than the Operator, the Operator’s agents or associated companies, or the user), provided that the improper use by said third party is not caused by the gross negligence or deliberate action on the part of the Operator.

4. The Operator assumes no liability for any loss or damage due to circumstances beyond its control (e.g. acts of God).

5. The Operator assumes no liability for User content data, but reserves the right to delete any content that infringes upon the conditions of use or any legal provisions as soon as any such content becomes known, and to pass any such infringing content on to the appropriate law enforcement authority upon the instructions of the court or authority.

6. The user is obliged to inform the Operator immediately in the event of any violation of these GT&C. In the event of any violation of these GT&C, the user is also obliged to free the Operator of any responsibility for resulting damages or claims by third parties, and to reimburse any losses, costs or damages. This shall not reduce or limit the Operator’s duty to mitigate loss or damage.

 

III. OTHER TERMS

1. The Operator reserves the right to extend or change the services offered at any time.

2. The User explicitly accepts that any displayed players ranking lists may not necessarily reflect the actual capability of players, as almost every game offered involves luck even if only as a secondary factor. The Operator further warrants that the generation of random numbers is based on an internationally renowned random generator and is in no way manipulated by the Operator. Further information about the random generator is available via e-mail from our support team.

3. Revisions of the GT&C will be provided on the gaming website and should be accepted by the Users. Any objection to accept the GT&C shall lead to automatic termination of the contract. The User is invited to check the GT&C on a regular basis. When using a Stargames App, the User shall be also obliged to accept the updated GT&C.

4. No communications and declarations concerning this contractual relationship shall be deemed effective unless made in writing and sent by post, e-mail or via the Website.

5. The User will promptly notify the Operator of any changes to personal data by correcting his/her User account data on the Website. In the event that the User fails to inform the Operator of any such changes and, as a result, does not receive any legally relevant declarations or statements sent from the Operator to the mailing address or e-mail address communicated previously, any such declarations or statements shall be deemed received.

6. Upon registration for or use of Stargames and/or the Stargames App, every User acknowledges the exclusive (intellectual) property right of the Operator to the GT&C.

7. If any of the provisions and conditions of the contract is or becomes legally ineffective, the remaining parts of the contract shall remain in full force and effect, unless adherence to the contract would entail an unacceptable hardship for either party.

PRIVACY POLICY

1. Upon registration, the User grants the Operators the explicit consent to use the data provided during registration, as well as to save and process non-personal usage data. The Operators agree to abide by the relevant legal data protection regulations in handling user data. The data is processed automatically, and will not be disclosed without the written consent of the user. In cases of abuse, the right is reserved to forward this data to law enforcement authorities if necessary for legal purposes.

2. The Operator is entitled to save and analyse connection data, and specifically source and destination IPs and all other log files, in order to protect its own systems and mobile devices, as well as those of third parties. The Operator is also entitled to keep usage statistics (which is accepted by the user during registration), provided that they are not specific to any individuals.

3: By checking the box to subscribe to the newsletter, the User provides his/her email address and gives his/her consent to receive e-mails from the Operator and its partners. Such consent can be revoked at any time in the user’s personal settings area on the Stargames Website and Stargames App.

 

COOKIES POLICY

1. The Operator uses cookies, retargeting cookies and tracking tools to adapt the Website and the apps to the needs of individual users and to continuously develop and optimise their design and quality.

Cookies are small files that are saved on the User’s hard drive or mobile device when they visit the Website or the Stargames Apps. Retargeting cookies collect information about the User’s browsing habits (within and without the Website and Stargames Apps) as well as sociodemographic data (e.g. the user’s age and gender).

These cookies record which games the User plays, as well as how often (times of day, weekdays) and for how long the Website/Stargames App and their individual games are used. Sociodemographic data such as the user’s age and gender is also saved. The data saved via the cookies is viewed, processed and used by the Operator to adapt the app to the behaviour, needs and interests of the User in question and to compile statistics and establish user groups. This data is also used for the targeted placement of third-party advertising. The data saved is continuously updated and enhanced depending on the user’s behaviour.

The User agrees to the use of cookies and retargeting cookies by the Operator. Furthermore, the user expressly agrees that the data provided by and received from him/her (e.g. age and gender) will be processed automatically (e.g. electronically via cookies).

2. Tracking Tools

Tracking tools are services from third-party providers that help the Operator to statistically evaluate and analyse user behaviour. The Operator uses the results of this to optimise and develop the Website and Stargames Apps. The tracking tools used are Adobe Analytics, Hotjar and Google Analytics.

4. The Operator employs all technically feasible measures to protect the User data it saves, but shall not be held liable should any third parties unlawfully gain possession of this data and exploit it. Any liability of the Operator for loss or damage suffered by the User or a third party in any such context is excluded by mutual agreement.

5. The User may view his/her saved personal data at any time by accessing his/her user settings on the Stargames website and, to a limited extent, within the Stargames Apps.

6. The User has the right to change or delete his/her data at any time. The Operators undertake to actually delete any data that is requested to be deleted by the User. The deletion of compulsory data required for account registration automatically entails closure the respective User account.

7. The Operator ensures that data processing during payment transactions conforms to the guidelines of the PCI DSS (Payment Card Industry Data Security Standard).

 

 

 

FAQ