TERMS AND CONDITIONS

About the terms:

"We", "Us", "Our" and "QNASTAR" references to QNAUS.COM. "You" and "Your" refer to you as the user and consumer of the services offered by QNAUS.COM. These Terms apply to your download, access and use of the QNAUS.COM service, whether on your computer, mobile device, or platform (hereinafter referred to as the Service). These terms also apply to any other services we may provide in relation to the Service or the Website. This includes but is not restricted to customer support, social media, community channels and other web services that we may operate. These terms are a legal agreement and contain important information about your rights and obligations in regards to our Service.

If you do not agree to these Terms or any future updated version of the Terms then you must discontinue usage and access of any of the Services. If we require that any update requires action on your behalf in order to accept such update on the Terms then you may not be able to continue to use the Service until you have taken action. These terms represent a legal agreement between You and QNAUS.COM. This is an Alberta company based at B-250-2204 2nd Street SW, Calgary, Alberta. These Terms are available via the app store, website or platform on which you download and consume the Service. By Accessing and using the Services you agree that you are in agreement with these terms as well as our Privacy Policy. You agree that you are at least 13 years of age. If you are 13 to 18 years of age, your legal guardian has reviewed and agreed to these terms and is content with you using the Service. You can address the latest version of the Terms and Conditions at contact@qnastar.com. We can make changes to these Terms at any time. Your continued use of the Service after the Terms have been updated shall confirm your acceptance of the updated Terms.


Access and use of the Service

The specific rules, scoring and guidelines for the Service are found within the Service. These rules, scoring conditions, and guidelines constitute part of these Terms and Conditions. You are responsible for any fees incurred (whether your internet connection, mobile charges, etc) while using the Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use the Service.

There may be times when the Service (or any component) is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. The Service does not involve real-money gambling and does not provide an opportunity to win cash or other prizes. Account

When using the Service, you may choose to (in some instances you will be required to) create an account with us. If you create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree not to provide your login details to anyone. You agree not to allow another person or party to use your login or account. Your account is personal to you and you are not entitled to transfer your account to any other person.

We reserve the right to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you share your login details with anyone or fail to keep your login details confidential then you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Assets (as defined below) associated with that account and no refund will be offered to you in relation to the same. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Assets associated with your account). YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING THE SERVICE. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.


Virtual Assets

Our Service includes virtual currencies or items or services for use with our Games ("Virtual Assets"). You agree that once purchased Virtual Assets have no cash or monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Assets are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Assets to anyone else. You do not own the Virtual Assets. You purchase a limited personal revocable licence to use them - any balance of Virtual Assets does not reflect any stored value. You agree that all sales by us to you of Virtual Assets are final and non-refundable. When you purchase a licence to use Virtual Assets from us, you acknowledge and agree that we will begin the provision of the Virtual Assets to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. A "purchase" is completed at the time point when our servers validate your purchase and the applicable Virtual Assets are successfully credited to your account on our servers. The Virtual Asset value in your Account is stored centrally on our servers. If you do not connect your game play on a device to an account that is linked to either your social network account or a QNAUS.COM account, we will not be able to restore any Virtual Assets or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way: We reserve the right to control, regulate, change or remove any Virtual Assets without any liability to you. We may revise the pricing for Virtual Assets offered through the Services at any time. We may limit the total amount of Virtual Assets that may be purchased at any one time, and/or limit the total amount of Virtual Assets that may be held in your account in the aggregate. You are only allowed to obtain Virtual Assets from us or our authorized partners through the Services, and not in any other way. If you purchase Virtual Assets via your platform provider then such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ by platform. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game. If we suspend or terminate your account in accordance with these terms you may lose any Virtual Assets that you may have and we will not compensate you for this loss or make any refund to you. The charge for any individual item you can purchase via our Service shall be as stated on the Service at the time you place the order, except in the case of obvious error. The charge is inclusive of applicable sales taxes and other charges. Additional charges may be issued by your bank or card company, which are your responsibility. If you have questions about bank charges, please check with your Bank or card issuer before making a purchase via our Website. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase. User Conduct

You must comply with the laws that apply to you in the location that you access the Service from. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal restrictions or discontinue accessing and/or using the Service. You agree that all the information you provide to us on accessing and/or using the Service is and shall remain true, accurate and complete at all times. Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via the Service by you or another user (hereinafter referred to as the "Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. You are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via the Service.


You agree not to upload Content:

  • That is (or could be reasonably interpreted as):
    • Unlawful
    • Libelous
    • Obscene
    • Harmful
    • Harassing
    • Defamatory
    • Objectionable
    • An invasion of another's privacy
    • Conducive to promoting racism, ethnic hatred and violence
    • Pornographic
  • That you do not have the intellectual rights to make public legally (such as confidential information)
  • That infringes on the intellectual property rights of others
  • That contains computer malware such as viruses, ransomware, adware, and other code that is designed to disrupt, destroy or limit the capabilities of any computer program or hardware.
  • That contains unsolicited and unauthorized advertising as well as junk mail, chain letters, and other solicitation measures.


You agree to not use the Service in the following ways:

  • To harm, harass or offend anyone or any entity.
  • To create more than one account per person using the Service
  • The use of another party's email contact to subscribe to the Service
  • The use of the Service to commit fraud or other abusive purposes
  • Disguising or hide your IP address
  • Disguise the source of any Content you upload
  • The use of the Service for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications
  • Removal or amendments to any proprietary notices or other ownership information from the Service.
  • Interference or disruption of the Service, whether via the networks or servers that provide the Service.
  • Attempts to decompile, reverse engineer, disassemble or hack any part of the Service.
  • Attempts to defeat or overcome any encryption on the Service.
  • Acts that 'harvest', 'scrape' or collect any information about or regarding any other people that use the Service, including, but not limited to any personal data or information
  • Sell, transfer or try to sell or transfer an account with us or any part of an account or Virtual Assets
  • Disruption of the normal flow of the Service or otherwise act in a manner that is likely to negatively affect other's ability to use the Service fairly
  • Disobedience of any requirements or regulations tied to any network connected to the Service
  • Using the Service in violation of any law or regulation
  • Using the Service to cheat or assist in cheating (example: an automated software system to play a game)
  • Use the Service outside of the scope of these Terms

If you know anyone who is not in compliance with the Terms, you are to contact us at contact@qnastar.com.


Content quality

We do not control Content posted on the Service by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using the Service, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Service. We reserve the right to remove uploaded Content from the Service if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or the Service into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so. You are solely responsible for your interactions with other users of the Service.


Use of the Service with others

The Service may include an opportunity to play a game competitively against an opponent or play socially with other users. You may choose to compete against another user or compete against an opponent selected by us. You may choose to compete against or play socially with one of your contacts via a social platform which you have allowed our Service to interact with. When we select an opponent or social player for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or your gameplay activity). When you access and play a game, you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name in public. Your email address will not be known or displayed in public. Any other user must know your email address in order to search for you. Violation

Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you

  • delete, suspend and/or modify your account or parts of your account;
  • suspend and/or terminate your access to our Services;
  • modify and/or remove any Virtual Assets that may be associated with your account;
  • reset and/or modify any game progress or benefits and privileges associated with your account, such as any level or score you have reached.

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.


Availability of the Service

We do not guarantee that the Service will be available or error-free at all times. We will provide the Service in accordance with legally required standards. In particular, in relation only to any Virtual Assets or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update the Service in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Service which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Service then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Service or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.


Limitation of Liability

We are not responsible for:

  • losses or harm not caused by our breach of these terms or negligence;
  • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
  • any damage that may be caused to any device on which you access or use the Service that is caused in any way by the Service unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Service;
  • any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
  • technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

Unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Service is to discontinue your use of the Service.


Intellectual property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the Service (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Service for anything else. These terms also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these terms

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS AND VIRTUAL ASSETS. You must not copy, distribute, make available to the public or create any derivative work from the Service in whole or in part unless we have first agreed to this in writing. You must not make use or available any cheats or technological measures designed to control access to, or elements of, the Service, including providing access to any Virtual Assets, whether on a free of charge basis or otherwise.


By Submitting Content on the Service, you agree to:

  • represent that you are fully entitled to do so;
  • grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
  • acknowledge that you may have what are known as "moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
  • agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to contact@qnastar.com.

  • a description of the intellectual property rights and an explanation as to how they have been infringed;
  • a description of the whereabouts of the infringing material;
  • your address, phone number and email address;
  • a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.


Privacy

QNAUS.COM collects, processes, uses and shares personal information in accordance with our Privacy Policy and as set out in these terms. By downloading and/or accessing the Service, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not download or access the Service Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link the Service to. If you access The Service and allow it to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make the Service more enjoyable for you and others that play our Games on that social network. If you do not agree to these practices you should not allow the Service to interact with your social network.

We may use cookies or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy. Off-site links

We may link to third party websites or services from the Service. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data. Transfer

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing. Entire agreement

These terms set out the entire agreement between you and us concerning the Service and they replace all earlier agreements and understandings between you and us. Updates

We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service. You can find these Terms at contact@qnastar.com.


Severability

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.


Waivers

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us. Questions

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Alberta. Most disputed points can be resolved by contacting us at contact@qnastar.com.


Nomenclature

You are contracting with QNAUS.COM. The Address is 2210 2nd Street SW, Calgary, Alberta, T2S 3C3 Canada. The laws of Alberta shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of Alberta unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.