Terms of Service

1. General Provisions

1.1 WonderStar Games, Inc. (“WonderStar Games” or “we”) is a developer and publisher of mobile game applications (“Apps” or “Games") that are made available via app stores including the Apple iTunes App Store, Google Play, Amazon Appstore, and other platforms such as Facebook (our “Service”).

1.2 Each time you download our App to your device, a new User Agreement is concluded and its terms apply to your use of the specific App that you accepted these Terms of Service for.

2. About These Terms of Service

2.1 By downloading our Apps from app stores, you accept these Terms of Service and our Privacy Policy. Your relationship with WonderStar Games will be subject to these and only these Terms of Service and our Privacy Policy.

2.2 App stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.

2.3 You represent that you are 14 years or older. If you are younger than 18 years, you can only download  our Apps and use them on your device, if your parent(s) or legal guardian have/has reviewed these Terms of Service and allowed you to download and play our Apps.

2.4 You represent that you are accessing our Apps as a private person. Any commercial use of our Apps is not allowed.

3. About Using Our Apps

3.1 You can use our Apps upon download to your device. Information about gameplay, features and functions inside our Apps can be found in the descriptions on the app stores and platforms, in help sections inside our Apps.

3.2 Our Apps may be free to play, but you may purchase virtual items (e.g. gems and diamonds) inside our Apps to speed up gameplay and progress in the game by spending real money (“Virtual Items”). Prices for Virtual Items include applicable statutory turnover tax. Means of payment may vary depending on which app store or platform you make your purchase. Without prejudice to Section 4 below, Virtual Items cannot be exchanged into real money or refunded. You understand that you do not own Virtual Items, but acquire a limited license to use Virtual Items according to the specific App's gameplay.

3.3 You understand that downloading and using our Apps require an Internet connection that you are responsible for. Your Internet service provider may charge you for gaining access to the Internet.

3.4 We continuously strive to improve our Apps and may add new or remove existing features and content, but we will only do so taking into consideration and balancing User interests, and never change characteristic parts of a game and gameplay. WonderStar Games is under no obligation to continue providing either support or updates for versions of an App that are not up-to-date.

3.5 WonderStar Games may automatically update Apps, also on the User’s mobile device, if the device’s settings allow for it, in particular to ensure the security of the system, for the sake of stability and compatibility, but only in due consideration of User interests.

3.6 Maintenance may affect availability of our Apps, and will only happen in due consideration of User interests. Downtimes may also be caused by technical problems beyond WonderStar Games' control.

4. Information Concerning the Right of Withdrawal

4.1 You have the right to withdraw from this User Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of this User Agreement. To exercise the right of withdrawal, you need to inform us  via email (support@wonderstargames.com) of your decision to withdraw from this User Agreement by explicitly communicating so. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4.2 If you withdraw from this User Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this User Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

5. Ownership and Scope of License

5.1 WonderStar Games owns or has licensed all rights, title and interest in and to the Apps including all content (except for content created by users), software, program code, graphics, texts, game titles, and trademarks.

5.2 You can only download our Apps and access our Apps for your personal use. WonderStar Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to download our Apps to your device and use them provided that you are in compliance with these Terms of Service.

5.3 You understand that when you purchase a Virtual Item, you do not to own it, but acquire a limited license to use the Virtual Item as a feature inside the App that you purchased the Virtual Item in. As Virtual Items are no assets that one can own, they cannot be transferred, neither from one App to another nor from you to another user account nor vice versa. The license granted to you ends when you used up the purchased Virtual Item or this User Agreement expires.

6. User Conduct

6.1 You shall download and use our Apps only for your personal use and according to these Terms of Service, any app store and platforms terms and applicable law.

6.2 You shall only download and use our Apps and acquire Virtual Items from the app stores and platforms that we make our Apps available on, and only use our Apps on devices and platforms that we provide the relevant App for.

6.3 You shall not interfere with our Apps and gameplay inside our Apps irrespective of whether or not this includes manipulation of the software, backend or networks. In particular and without limitation you shall not:

  • create, offer or use hacks, cheats, exploits or any other unauthorized application, tool or command that modifies the App or gameplay or circumvents technical protection measures in a way not intended by WonderStar Games;
  • decompile, disassemble or reverse-engineer our Apps;
  • offer, provide or acquire our Apps or Virtual Items by means other than explicitly facilitated by WonderStar Games;
  • sell and transfer a Game account.

6.4 If provision of information or data is required, you must provide all of these accurately and in full, and keep them up-to-date at all times.

7. User Communication and Content

7.1 Our Apps may allow you to communicate with other users and post content (e.g. texts, pictures). When you interact with other users or make content available via our Apps, you shall not:

  • post or use any communication or content that breaches applicable law including third-party rights, e.g. rights in intellectual property, rights to confidentiality or rights to privacy;
  • post or use any communication or content that is abusive, unethical, racist, obscene, pornographic, discriminating, harmful to minors or glorifies violence, or is objectionable in any other way;
  • insult, threaten, provoke or harass others including other users as well as WonderStar Games and its employees and partners, for example, by using abusive language, stalking or spamming;
  • post or use any communication or content for commercial purposes;
  • link or refer to any source outside our Apps that is in breach of this Section 7.1.

7.2 WonderStar Games, in this context only the provider of the technical means to communicate or make content available, is neither obliged nor able to monitor communication or content made available by you or other users via our Apps, and does not assume any liability to that extent. Any person that makes communication or content available via our Apps remains solely responsible for such communication and content, so you remain responsible for your communication and content. You shall indemnify WonderStar Games against all and any claims that are brought against WonderStar Games as a result from your breach of Section 7.1, unless not caused by your fault.

7.3 WonderStar Games reserves to remove any such communication or content, if we have reasonable ground to believe them to infringe third party rights or any other applicable law or Section 7.1. If you believe communication or content made available via our Apps infringes your rights or is in breach of these Terms of Service, please notify us at support@wonderstargames.com.

7.4 By making communication or content available via our Apps, you grant WonderStar Games a permanent right to use your communication and content for display inside our Apps, to publish your communication and content in all media and to adapt them for this purpose. You may withdraw from this grant of rights by giving appropriate notice to WonderStar Games at support@wonderstargames.com.

8. Liability and Limitation of Liability

8.1 Nothing in these Terms of Service shall limit WonderStar Games’ liability where applicable law does not allow for such limitation. In particular, WonderStar Games’ liability shall not be limited:

  • for death or personal injury from WonderStar Games' or any of our statutory representatives’ or agents’ negligence or malice;
  • for any other kind of damages and loss from WonderStar Games' or any of our statutory representatives’ or agents’ gross negligence or malice or fraud;
  • in case WonderStar Games has assumed an explicit quality guarantee;
  • in case WonderStar Games is liable according to New Jersey Product Liability law;

8.2 Without prejudice to Section 8.1 and only where applicable law allows for such limitation, WonderStar Games shall only be liable for WonderStar Games' or any of our statutory representatives’ or agents’ slight negligence, if this causes a breach of an essential obligation under this User Agreement (obligations that need to be fulfilled in order to achieve the purpose of this User Agreement and on whose fulfillment a User can usually rely upon). In this case, WonderStar Games' liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of WonderStar Games is excluded.

9. Contract Duration and Termination

9.1 This User Agreement runs for an indefinite term.

9.2 Either party may terminate this User Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the App from your device.

9.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our App and/or terminate this User Agreement. Your breach of Section 6 or 7 shall be considered a material breach.

9.4 Either party may terminate the User Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Service.

9.5 Upon expiry, you will no longer be able to access the App that was the subject matter of the User Agreement. Your in-game progress and any other App-related data will be deleted. Only if WonderStar Games continues to operate the App, you may again download the App whereby a new User Agreement will start to run. However, any app-related data cannot be restored.

10. Final Provisions

10.1 WonderStar Games may transfer all or a part of its rights or obligations pursuant to this User Agreement to a third party without your consent. You may transfer any of your rights or obligations under this User Agreement only with our prior written approval.

10.2 We reserve to amend these Terms of Service at any time. If we make changes to this Terms and Service, we will notify you by posting an announcement on our Site, on this page. You may object to the changes within four weeks from such change. If you do not object within four weeks, the changes shall be deemed accepted by you. If you object, we may terminate this User Agreement in accordance with Section 9. When we notify you about the amendments we will also inform you about the deadline for objecting to the amendments and consequences if you fail to object.

10.3 This User Agreement is governed by New Jersey State Law. If your place of residence is outside of New Jersey at the time you enter into this User Agreement, mandatory provisions of law in your jurisdiction concerning applicable law shall remain unaffected and apply.

10.4 If any provision of these Terms of Service is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.

Last updated: April 29, 2016

Copyright © 2016 WonderStar Games, Inc. All rights reserved.