Terms & Conditions

 

Date of Last Update: November 16, 2018.

 

OVERVIEW

 

This website, www.aimstar.gg (the “Website”), is operated by Aimstar Games, Inc. (“Aimstar”). The terms “we”, “us” and “our” refer to Aimstar. Aimstar offers this Website, including any content, functionality, products, and services available from this Website (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on this Website.  

By accessing any part of our Website or the Services and/or communicating with us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”) and our Privacy Policy, which are incorporated herein by reference. These Terms of Service apply to all users of the Website and the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.         

Please read these Terms of Service and our Privacy Policy carefully before accessing or using our Website or the Services. If you do not agree to the Terms of Service and our Privacy Policy, then you may not access the Website or use any of the Services.     

 

Any new features or tools which are added to the Website shall also be subject to the Terms of Service and our Privacy Policy. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.       
 

In addition to these Terms of Service, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Aimstar, such as end user license agreements. If these Terms of Service are inconsistent with any such agreements, those agreements will control.    

ONLINE TERMS AND ACCOUNT SECURITY

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website and the Services. You may not use this Website and the Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws and regulations (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services and the access to this Website.

 

We may need to contact you about your use of the Services. These communications are part of the Services. As part of your use of the Services, you may receive notifications, text messages, alerts, or emails.  You agree to the receipt of these communications.  You are responsible for any messaging or data fees you may be charged by your wireless carrier.

 

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, Aimstar may require some or all users to download updated or additional software.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Aimstar (via notice@aimstar.gg) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
 

INTELLECTUAL PROPERTY RIGHTS

 

The Website and the Services, including all content, features, and functionality thereof, are owned by Aimstar, its licensors, or other providers of such material and are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries.
 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including Personal Information as defined in our Privacy Policy), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Personal Information (as defined in our Privacy Policy) is always encrypted during transfer over networks.

 

You are permitted to use the Website and the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Aimstar. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Website or the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.          

For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.         

 

BILLING, PAYMENTS AND AIMSTAR ACCOUNT BALANCES

 

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN AN AIMSTAR ACCOUNT ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.

 

Through the Services, Aimstar makes available a prepaid account service (the “Aimstar Account”). Your Aimstar Account may only be used to obtain certain products and services offered by Aimstar. To create and access an Aimstar Account you may be asked to provide registration details, including without limitation a Payment Method (as defined below) and related billing address. You may only register for one (1) Aimstar Account. You may use the following payment methods to place prepaid funds into your Aimstar Account: credit card, prepaid payment card, promotional code, or any other payment method as specified by Aimstar from time to time (each a “Payment Method”). Any promotional code provided to you by Aimstar for use as a Payment Method may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a Payment Method to Aimstar for use in connection with the Aimstar Account, you represent to Aimstar that you are the authorized user of the Payment Method, and you authorize Aimstar to charge your Payment Method for any Aimstar Account funds or other fees incurred by you. If your use of the Aimstar Account is subject to any sales or other taxes, then Aimstar may also charge you for those taxes. You are responsible for all uses of your Aimstar Account, including all applicable taxes and all purchases made by you or anyone else using your Aimstar Account.   

Within any twenty-four (24) hour period, the total amount stored in your Aimstar Account plus the total amount spent out of your Aimstar Account, in the aggregate, may not exceed U.S. $1,000 or its equivalent in your local currency. Aimstar reserves the right to change, modify, or otherwise impose usage limits to your Aimstar Account at any time, in its sole discretion.  

Aimstar Account funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using Aimstar Account funds, Aimstar will return the funds to your Aimstar Account. Aimstar Account funds are non-transferable to another person and do not accrue interest.           

Aimstar reserves the right to suspend or terminate your Aimstar Account, if after investigation Aimstar determines, in its sole discretion, that you misused your Aimstar Account, conducted unauthorized Aimstar Account transactions from another user’s Aimstar Account, or used the Aimstar Account to conduct any fraudulent or other illegal activity. In the event that your Aimstar Account is terminated or suspended in accordance with these Terms of Service for reasons other than fraudulent or other illegal activity, Aimstar will return your remaining Aimstar Account balance less any charges, fees, or other amounts owed to Aimstar. Otherwise, Aimstar Account balances are not refundable and are not redeemable for money or monetary value from Aimstar or any other person or entity. Aimstar Account balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.          

 

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services and the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of the Website, other websites, third parties or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Website, other websites, or the Internet. We reserve the right to terminate your use of the Services or this Website for violating any of the prohibited uses or these Terms of Service. 

 

ACCURACY, COMPLETENESS, AND TIMLINESS OF INFORMATION

 

We are not responsible if information made available through the Services or on this Website is not accurate, complete or current. The material provided through the Services or on this Website is provided for general information and entertainment purposes only. Any reliance on the material provided through the Services or on this Website is at your own risk.

 

Full use of this Website and the Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of this Website and the Services and it is your responsibility to ensure your equipment’s functionality. 

 

MODIFICATIONS TO THE SERVICES

 

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.

 

PRODUCTS OR SERVICES

 

We have made every effort to display as accurately as possible the colors and images that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

USER CONTRIBUTIONS

 

The Services contain various forums and other interactive features that allow you to post, submit, publish, display, or transmit to Aimstar and other users (“Posts”) content or materials (“User Contributions”) on or through the Services.  

All User Contributions must, in Aimstar’s sole discretion, comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”         

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you hereby grant Aimstar a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media (“Your License”).  Aimstar, however, will only share Personal Information (as defined in our Privacy Policy) that you provide in accordance with Aimstar’s Privacy Policy.           

You are responsible for your User Contributions.  You represent and warrant that you own your User Contributions or that you have all rights necessary to grant us Your License.  You also represent and warrant that your User Contributions and the use and provision of your User Contributions will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Contributions. You are solely responsible for any User Contributions you make and their accuracy. We take no responsibility and assume no liability for any User Contributions posted by you or any third-party.


Aimstar has the right but not the obligation to monitor and edit or remove any User Contributions. Aimstar also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service. We may, in our sole discretion, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service. Additional terms and conditions may apply to contests, sweepstakes, giveaways and other promotions sponsored by Aimstar and its partners.  It is your responsibility to carefully review those terms and conditions. 

 

You also agree that your User Contributions will comply with the following guidelines:

  • Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled.
  • Remember that what works for you may not work for everyone else.  Give everyone the same courtesy you would expect in return.
  • Do not post profane or explicit content.
  • Do not post pictures that might be considered inappropriate.
  • Do not post communications that could be interpreted as threatening or harassing.
  • Do not post, advertise, or promote products or services commercially.

 

LINKING AND THIRD PARTY LINKS

 

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
 

Certain content, products and services available via our Services may include materials from third-parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You acknowledge that these Terms of Service and our Privacy Policy do not apply to any third-party services or websites.  You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any third-party services or websites. 

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

 

DISCLAIMER OF WARRANTIES

 

We do not guarantee, represent or warrant that your use of the Services, the Website and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services will be uninterrupted, timely, secure or error-free.

 

You agree that from time to time we may remove the Services, the Website and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services for indefinite periods of time or cancel the Services, the Website and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Services, the Website and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services is at your sole risk. This Website, the Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION

 

YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. NEITHER AIMSTAR NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE SERVICES OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES. AIMSTAR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR ANY MATERIALS PROVIDED THROUGH THE SERVICES, OR WITH ANY OF AIMSTAR'S TERMS OF SERVICE AND PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AIMSTAR, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW

 

GOVERNING LAW & DISPUTES

 

You agree that these Terms of Service will be deemed to have been made and executed in the State of California, U.S.A., and any dispute will be resolved in accordance with the laws of the State of Delaware, and agree not to raise or assert any argument of forum non conveniens or similar argument in an attempt to seek or lay venue in any other location. Any action or proceeding brought to, interpret, construct or enforce these Terms of Service or to adjudicate any dispute must be brought in the Los Angeles Superior Court, State of California or the United States District Court for the Central District of California. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms of Service.

 

You further agree that you may only resolve disputes with Aimstar on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms of Service.

 

SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT - WAIVER

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and our Privacy Policy and any policies or operating rules posted by us on this Website or in respect to the Services or additional agreements constitutes the entire agreement and understanding between you and us and govern your use of the Services and this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or Privacy Policies).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

TERMINATION

 

If you violate these Terms of Service, we reserve the right to terminate your access to the Services and this Website, at our sole discretion, at any time and without notice or liability to you.  Upon any such termination, we may delete any User Contributions and other information related to you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

 

Aimstar respects other parties’ intellectual property rights and copyright law, and expects its users to do the same.  Aimstar reserves the right, in its sole discretion, with or without notice, to terminate content, Comments, account holders and users who infringe the rights of copyright holders.  Please see Aimstar’s DMCA/COPYRIGHT POLICY, which is incorporated and made part of these Terms of Service.

 

CUSTOMER SERVICE

 

Have questions about the Aimstar or need help? Contact us at notice@aimstar.gg.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at notice@aimstar.gg.

 

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