Terms & Conditions – MovieStarPlanet

Effective Date: February 21 2017

Agreement

These terms and conditions are an agreement between MSP NOA ApS, reg. no. 36548088, MovieStarPlanet Group of Games ("MovieStarPlanet") and any user of MovieStarPlanet products ("User/Users"). MovieStarPlanet includes MovieStarPlanet, BooniePlanet, BlockStarPlanet and any subsequent games published or developed by MovieStarPlanet on any platform. By accepting these terms and conditions Users also agree to follow all rules of the MovieStarPlanet, BooniePlanet and BlockStarPlanet websites, which above all, means being nice and respectful to other Users.

MovieStarPlanet reserves the right to modify these terms and conditions at any time. Users will be notified of any changes of the terms and conditions with one week's notice via a message posed on the MovieStarPlanet websites. If individuals continue to use any of MovieStarPlanet's websites or platforms after the effective date of any modified terms and conditions, this use will constitute agreement to such modifications.

By accepting these terms and conditions, the User acknowledges that admission to MovieStarPlanet games and websites constitutes an immediate delivery. Thus, the right of cancellation is forfeited at the time of entering into MovieStarPlanet games.

Adult Participation

MovieStarPlanet offers websites and apps for children between mainly 8 and 15 years. As part of our child safeguarding policy, MovieStarPlanet does not allow the use of the site by adults (those over 18 years). An adult is permitted to enter the MovieStarPlanet sites only under the following circumstances:

• As a parent/guardian who is monitoring or helping navigate their child's use of the site.

• Law enforcement, journalists, NGO's or other professions wishing to access the site for educational, law enforcement or research purposes. Access approval (including date and time of participation) is required from MovieStarPlanet's Head of Safety by emailing safety@moviestarplanet.com

MovieStarPlanet reserves the right to block any adult from the site if found to be in breach of the above criteria, as this will constitute a breach of these terms and conditions. Refunds will be granted only if the User has not violated the terms and conditions as set forth at any given time.

Ownership of MovieStarPlanet rights and material

MovieStarPlanet games, websites, etc. are owned by MovieStarPlanet. MovieStarPlanet websites are for individual, non-commercial, non-transferable entertainment use only. Subject to User's compliance with the terms and conditions, MovieStarPlanet grants Users a personal, non-exclusive, non-transferable, limited right and license. This enables Users to enter and play on the MovieStarPlanet websites.

All rights and content on MovieStarPlanet websites are reserved to and owned by MovieStarPlanet. Individuals are not permitted to use any MovieStarPlanet material, such as movie stars, movie star clothes and items, logos, icons, backgrounds, background music etc. for commercial purposes outside of the MovieStarPlanet websites. This means that users may not copy, distribute, sell, publish, send or otherwise recirculate MovieStarPlanet material to a third party without the written consent of MovieStarPlanet. Individuals may not change, revise or replace any material found on the website, neither partly nor in its entirety.

Violation - or attempts of violation - will constitute a breach of the terms and conditions and MovieStarPlanet reserves the right to block Users in such violation and seek damages.

User-generated movies and other material

By agreeing to the terms and conditions of the website, Users give MovieStarPlanet the right without compensation to publish User-created movies and/or material for an unlimited time throughout the entire world on the internet, on TV or any other medium, chosen by MovieStarPlanet. Thus, Users give MovieStarPlanet the right to use, copy, present, reproduce, display, perform, edit, integrate, create derivative works from license as well as to distribute the movies and material created, for both commercial and non-commercial use.

Suspension and cancellation of membership

MovieStarPlanet reserves the right to suspend or cancel User memberships and close User accounts if there is a violation of this agreement or the rules on MovieStarPlanet websites as set forth below, or if an account has not been accessed for a period of four months.

Rules of MovieStarPlanet:

1. Do not share your password and do not ask another User for their password. MovieStarPlanet never asks Users for their password, and Users should never reveal their MovieStarPlanet password in any forum, either in-game or outside of the website. You are not allowed to sell your account or give it away.

2. Do not provide User details on the promise of a free VIP membership or StarCoins or other prizes/rewards. Nobody but MovieStarPlanet can give you free VIP membership or StarCoins.

3. Do not reveal personal information (such as real name, email, phone number, age, address, name of school, or user names of Facebook, Skype, MSN etc.) in chatroom, forums, news slider, photos, or other social networking features. However, MovieStarPlanet can add in-game features where your participation requires you to give certain information, on a voluntary basis, e.g. to select your school. You can at any time remove this information.

4. Do not write things that are sexually suggestive, abusive or racist.

5. Do not select a username that refers negatively to a person’s gender, race or sexuality

6. Do not harass or annoy other Users or ask for items. Do not offer other Users items or gift or prizes in exchange for anything.

7. Do not use offensive language. Abusive behaviour is not allowed.

8. Do not pretend to be or impersonate a staff member/moderator of MovieStarPlanet. A real moderator can be identified by a moderator badge, which will be displayed at all times.

9. Do not break or attempt to break any copyright laws.

10. Do not send chain letters and do not copy/paste chain letters.

11. Do not talk about how to cheat and do not use cheats to progress in the game. Using cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Game experience is not allowed

12. Do not try to steal or trick items from other Users.

13. Do not advertise or try to advertise for products or services of commercial interest.

Links

MovieStarPlanet may provide, and Users may include, links to other websites or resources in relation to game messages. MovieStarPlanet is not responsible for the security of such external sites or resources and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. MovieStarPlanet is not responsible or liable, either directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of, inability to use or reliance on any such privacy policy, content, goods or services available on external sites or resources.

Terms of sale

When Users purchase a VIP membership, they are inter alia able to purchase special VIP virtual clothes, items, animations, etc. ("Virtual Goods") in the games for the period of their membership. VIP memberships and StarCoins are provided as soon as payment is completed and MovieStarPlanet has been notified by its payment provider. All prices include VAT and are subject to change with a reasonable notice.

StarCoins or other in-game currencies, whether purchased or earned, can only be used to purchase Virtual Goods on MovieStarPlanet websites.

In-game currency cannot be transferred to another User and have no cash value. Therefore, Users cannot redeem or be granted a monetary refund for unused StarCoins or other in-game currency from MovieStarPlanet.

By agreeing to these terms and conditions, Users acknowledge that MovieStarPlanet retains the unfettered right to modify the MovieStarPlanet, BooniePlanet and BlockStarPlanet websites and all aspects of characters, items, points and in-game currency therein. MovieStarPlanet makes changes to the MovieStarPlanet website on a continual basis. Users acknowledge that MovieStarPlanet can and will, at its discretion, modify features, functions or abilities of any element of MovieStarPlanet websites or any Virtual Goods. This may include changing the value, function or accessibility of Virtual Goods. Virtual Goods represent a limited license right governed by these terms and conditions, and are not redeemable for any sum of money or monetary value from MovieStarPlanet at any time.

Payments/purchases from MovieStarPlanet

If Users are under 18 years of age, or do not pay their own bills, permission must be gained from either a parent or guardian, the person responsible for the payment or the cardholder before making any purchase on the MovieStarPlanet websites. Thus, when using MovieStarPlanet products/services, the User expressly warrants being either (i) a child with acceptance from a guardian to enter into MovieStarPlanet or (ii) a child with power of attorney given by his/her parents. In both cases, the User expressly confirms to have the necessary legal basis to subscribe to any of the MovieStarPlanet deliveries or use his/her own money.

If any unauthorized payment is made to MovieStarPlanet - regardless of payment method - the User account will be permanently deleted. In addition, if Users do not abide by these terms and conditions, the account may be terminated and any StarCoins or any other in-game virtual goods assigned to the profile will be lost. Please note that this is also the case if Users delete their own MovieStarPlanet, BooniePlanet or BlockStarPlanet account.

In order to protect Users against fraud and to maintain a high level of security for online purchases, MovieStarPlanet may carry out verification checks. The verification check may comprise the data sent when purchasing, including address and payment information.

With some VIP packages you have the option of choosing either a single standalone payment or an automatic, recurring payment.
If you chose the automatic payment option, your membership will be automatically renewed.
If you wish to disable the automatic payment, please follow these steps:
* Sign into your account.
* Click on "Settings" in the top right hand corner, and go to "My Payments"
* Click "Turn off automatic payment." This is effective immediately and no more money will be deducted.

Credit card security

MovieStarPlanet uses a third party payment provider and therefore does not store any credit card or bank account information. All credit card and bank account information is stored by the payment provider in encrypted form in a high security computer centre. All collection and storage of sensitive information by the payment provider conforms to the requirements of the Data Protection Act and fully complies with all international security standards as well as to Danish industry security standards

Refunds

Once purchases are made on MovieStarPlanet websites (including VIP membership, StarCoins and other Virtual Goods etc.), Users forgo their right to a monetary refund. Exceptions to this are made at the sole discretion of MovieStarPlanet. To dispute a purchase please contact the support team at MovieStarPlanet, using the contact information provided at the end of the terms and conditions.

Policy on repeat infringers

MovieStarPlanet respects the intellectual property rights of others and requests Users to do the same. MovieStarPlanet has adopted and implemented a policy respecting the copyright law that provides for the termination, in appropriate circumstances, of Users, who continually break these rules. MovieStarPlanet may terminate access for Users who are found repeatedly to provide or post materials on MovieStarPlanet websites that is owned by other persons without necessary rights and permissions and reserves the right to seek damages in that case.

Termination

If a User makes any unauthorized payment to MovieStarPlanet - regardless of payment method - the account will be permanently deleted. In general, if a User does not abide by these terms and conditions, the account may be terminated with the subsequent loss of any in-game currency and/or Virtual Goods the profile may have attained. Furthermore, if a User deletes his/her own MovieStarPlanet account, the User will also lose any in-game currency left in the account.

Other issues

If you are under 18 years of age or do not pay your own bills, you must get permission from your parents, the person who pays your bills, or the card holder before making any MovieStarPlanet purchases with that card. If you make any unauthorized payment on MovieStarPlanet - regardless of payment method - your account will be permanently deleted. Also, if you do not abide by the MovieStarPlanet Terms & Conditions, your account may be terminated and you will lose any in-game currency and virtual goods your profile may have attained. Furthermore, if you delete your own MovieStarPlanet account, you will also lose any in-game currency you may have left in the account. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST MOVIESTARPLANET GROUP OF GAMES, ITS LICENSOR(S) OR THIRD PARTY PROVIDERSOR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU "OWN" ANY VIRTUAL GOODS, (II) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS IF MOVIESTARPLANET DELETES THEM ), (III) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF MOVIESTARPLANET DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS AND CONDITIONS OR ITS PRIVACYPOLICY,(IV)FOR ANY MALFUNCTIONS AND/OR "BUGS" INTHE MOVIESTARPLANET GROUP OF GAMES WEBSITES OR (V) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT MOVIESTARPLANET HAS MADE OR WILL MAKE.

Disclaimers and Limitations of Liability

NEITHER MOVIESTARPLANET GROUP OF GAMES, MOVIESTARPLANET'S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE MOVIESTARPLANET GROUP OF GAMES WEBSITES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "MSP PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE MOVIESTARPLANET WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOVIESTARPLANET GROUP OF GAMES WEBSITES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE MOVIESTARPLANET WEBSITE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MOVIESTARPLANET GROUP OG GAMES WEBSITES AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THERE ON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MOVIESTARPLANET GROUP OF GAMES PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE MOVIESTARPLANET GROUP OF GAMES WEBSITE IS AT YOUR SOLE RISK.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE MOVIESTARPLANET GROUP OF GAMES WEBSITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL ANY OF THE MOVIESTARPLANET GROUP OF GAMES PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE MOVIESTARPLANET GROUP OF GAMES WEBSITES, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE MOVIESTARPLANET GROUP OF GAMES OR ANY BROWSER OWNED OR OPERATED BY ANY PARTYOR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE MOVIESTARPLANET GROUP OF GAMES WEBSITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE MOVIESTARPLANET GROUP OF GAMES WEBSITE, EVEN IF MOVIESTARPLANET WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY MOVIESTARPLANET GROUP OF GAMES PURSUANT TOTHESE TERMS AND CONDITIONS, OR IN ANY OTHER WAY CONCERNING THE MOVIESTARPLANET GROUP OF GAMES WEBSITES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE MOVIESTARPLANET GROUP OF GAMES WEBSITES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THEMSPPARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCHMSPPARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.

NONE OF THE MSP PARTIES ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE MOVIESTARPLANET WEBSITEBY ANYONE OTHER THAN AUTHORISED MOVIESTARPLANET EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MOVIESTARPLANET OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE MOVIESTARPLANET WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE MOVIESTARPLANET WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE MOVIESTARPLANET WEBSITE.

Choice of law and jurisdiction

These terms and conditions will be governed and interpreted in accordance with the laws of Denmark. Users specifically consent to personal jurisdiction in Denmark in connection with any dispute between you and MovieStarPlanet arising out of these terms and conditions or pertaining to the subject matter hereof. MovieStarPlanet and Users agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter thereof will be in the courts in Copenhagen.

Contact information

MSP NOA ApS
Mikado House
Rued Langgaards Vej 8
2300 Copenhagen S
Denmark

Company registration number: 36 54 80 88