Privacy Policy
I. INTRODUCTION
New Story Inc. (“we,” “us” or “our”) takes your privacy seriously. This Privacy policy (“Privacy policy”) explains our data protection policy and describes the types of information we may process when you use one or more of our mobile applications (the “App”, “our App”) and explains how we and some of the companies we cooperate processing that information.
When we refer to personal data (or personal information) we mean any information of any kind relating to an identified or identifiable natural person.It is a natural person who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social status.
Our Privacy policy applies to all users, and others who access the App (“Users”). If you do not want us to collect, store, use or share your information in the ways described in this Privacy Policy, you should not play our apps or use our services.
For the purposes of the GDPR, we are the data controller.
Please read the following Privacy Policy carefully to learn more about how we process your personal information. By using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms. By accessing or using the App, you consent to the processing of your personal data provided to us in accordance with the terms of this Privacy Policy.
II. INFORMATION WE COLLECT FROM YOU
Most of the information that we collect about you comes directly from you when you play our Apps or interact with third party ads in our Apps or with our ads in other publisher’s apps. These information are collected through SDKs (Software Development Kits) which are technical tools integrated into our Apps. In general, the information we collect about you relates to the type of device you are using, information that helps us identify your device, how you play our apps and may include information that you submit to us when you voluntarily contact us or which you allow us to access when you connect to your social network accounts through our Apps. We may also collect information from app store platforms and partners and other third parties such as information about your interests and in-app purchases (provided that we never receive your payment or credit card information). We will sometimes use third party advertising companies to help us collect this data. Further information is provided below in the section titled “Third party advertising companies”.
A. TECHNICAL INFORMATION
We collect technical information about your device that are necessary for you to use our App and additional technical data that enables us to maintain and analyze the functioning of the App, to personalize the content of the App, and to display advertisements. Such information includes amongst others the type of device(s) you are using to play our Apps, persistent identifiers, such as IP address, device identifiers, ad identifiers, unique user ID specific for our Apps, and the country or region that you are playing in.
B. ADVERTISING AND APPLICATION USAGE INFORMATION
When you use our Apps, we collect additional information from you by using persistent identifiers that permit identification of your device. We collect information about how you play our Apps, how you interact with our ads in other publisher’s apps and how you interact with third party ads that are shown to you in our Apps. Such information is used for delivering and improving our service, advertising, cross-promotion and analytics purposes.
C. CLASSICAL PERSONAL INFORMATION
We do not collect classical personal information through our Apps (such as you name, address, email or phone number) and you can use our Apps without providing us with your classical personal information. We will receive your classical personal information (such as you name, address, email or phone number) only when you contact us directly and will use such information only to respond to your inquiry. We may ask you to submit and we may process other non-personally identifiable information that may be personal to you such as your age range, year of birth and gender, provided that year of birth and gender information is collected solely for users who have passed the age gate in our Apps.
III. HOW WE USE THE INFORMATION WE COLLECT
We, or our service providers, primarily use the information we collect and store to improve the experience of our users, but we will also use that information for other purposes, including:
● Operate and improve our Services;
● Understand you and your preferences to enhance your experience and enjoyment using our Services;
● Respond to your comments and questions and provide customer service;
● Provide and deliver products and services you request;
● Deliver advertising and marketing and promotional information to you;
● Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
● Communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by New Story Inc. and our selected partners;
● Enable you to communicate with other users;
● Link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
IV. HOW WE MAY DISCLOSE YOUR INFORMATION TO THIRD PARTIES
New Story Inc. does not share your personal information except as approved by you or as described herein. We may share information we collect or derive with third parties for the following purposes:
● With service providers that perform services on our behalf, including the ones referenced above under “Third Party Services”;
● With our affiliates;
● For analytics and research purposes;
● In response to subpoenas, court orders, or other legal processes;
● To protect our or a third party’s legal rights, investigate fraud, or to defend against a legal claim;
● As part of a business transfer such as a merger, acquisition, or at bankruptcy
● We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties;
● We may use analytics services provided by third parties, including Google Analytics ,Facebook Analytics, GameAnalytics, Amplitude. These service providers may use cookies to collect information about your online activities across this and other sites over time for non-advertising purposes.
V. LEGAL BASES FOR USE OF YOUR INFORMATION
If you are located in the EU/EEA, the legal bases for using your information as set out in this Privacy Policy are as follows:
● Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with our Terms of Service and/or your contract to provide our services to you);
● Where use of your information is necessary for our legitimate interests or the legitimate interests of others;
● Where we have obtained your prior consent;
● We conduct certain marketing activities on the basis of consent, and others on the basis of our legitimate interest in informing you about our services and offers.
VI. THIRD PARTY ADVERTISING COMPANIES
We want to make sure that our advertising and marketing is relevant and interesting to you and our other customers.
To achieve this, we use third-party advertising and technology companies to serve ads and/or provide aggregated data to assist in serving ads when you visit or use our Services. This includes third party technology companies which collect data about you in order to build a profile of your preferences based on your activities when you visit or use our Services. We also use these companies to automatically collect data from you when you use our Services in order to help us identify the ads that are served to you and what you do after seeing those ads. In addition, we share data with providers of web analytics tools, such as Google Analytics, which we use to analyze your use of the Services. A list of the third-party advertising and technology companies that we use, and links to their privacy information, is available below.
These third-party advertising companies collect, store and use data by integrating cookies, tracking code and other software in our Services. The relevant data collected by these third parties will vary but may include your unique device ID, geo-location details, advertising ID, IP address, information on your interaction with advertising, browsing history and other technical information. Data which you provide to New Story Inc. when using our Services may also be captured by these third parties.
On our apps, these third-party advertising companies will collect and use your data to provide you with targeted advertising that is relevant to you and your preferences with your consent. You can control and withdraw your consent at any time by visiting the game settings page of our apps
In some cases, the third parties advertising companies that we work with will also use the data that they collect for their own purposes, for example they may aggregate your data with other data they hold and use this to inform advertising related services provided to other clients
EXTERNAL PRIVACY POLICIES
The privacy policies of our service providers may include additional terms and disclosures regarding their data collection and use practices and tracking technologies, and we encourage you to check those privacy policies to learn more about their data collection and use practices, use of cookies and other similar tracking technologies.
VII. DATA RETENTION
New Story Inc. retains your personal data for as long as needed to provide you Services, unless we are required by law to delete or if New Story Inc. accepts your request to delete the information. We will also retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
VIII. DATA SUBJECT RIGHTS AND YOUR CHOICES
You have certain rights with respect to your information as further described in this section.
A. YOUR LEGAL RIGHTS
If you would like further information about your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Us” section below at any time. Your local laws may permit you to request that we:
● Provide access to and/or a copy of certain information we hold about you;
● Prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling);
● Update information which is out of date or incorrect;
● Delete certain information which we are holding about you;
● Restrict the way that we process and disclose certain of your information;
● Transfer your information to a third-party provider of services;
● Revoke your consent for the processing of your information.
You also have the right to provide specific or general guidelines for the retention, erasure and disclosure of your personal data to designated third parties after your death.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
If you no longer want us to use your information, contact us at app@newsory-inc..com. Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and your social network ID for the social network from which you access our Services (if applicable) in the body of the e-mail (for example, your Facebook user ID). We will respond to your request within the time period stated by applicable law. If you make such a request, you may no longer be able to play such app or use our Services.
B. OPTING OUT OF GEOLOCATION
If you have previously allowed us to access your geolocation data and you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device. Please see your device manufacturer settings. Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features, and/or products made available via the Services.
C. OPTING OUT OF PUSH NOTIFICATIONS
When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
D. OPTING OUT OF THIRD PARTY TAILORED ADVERTISING
We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on the device you use to access the Services by non-affiliated third parties.
If you do not want to receive tailored in-application advertisements from third parties that relate to your interests in apps on your mobile device, you may opt-out by adjusting the ad tracking settings on your device. You can also reset the “Advertising Identifier” (like an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to the previous “Advertising Identifier.” In addition, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for tailored advertising. Like the opt-out tools mentioned above for web, these mobile opt-out tools are provided by third parties, not New Story Inc.. New Story Inc. does not control or operate these tools or the choices that advertisers and others provide through these tools.
Please note that you may still receive advertisements from third parties within New Story Inc. apps even if you opt-out of tailored advertising, but they will not be based on your activity across unrelated web sites or apps.
E. OPTING OUT OF COOKIES
You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. If you disable cookies, you may lose some of the features and functionality of our Services because New Story Inc. cookies are necessary to provide our web-based Services.
F. OUR POLICY REGARDING CHILDREN
We do not knowingly collect or solicit personal data from anyone under the age of 16 or knowingly allow such persons to use our Services. If you are under 15, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 16 may provide any personal data. In the event that we learn that we have collected personal data from a child under age 15, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 16, please contact us.
IX. TRANSFER OF INFORMATION TO OTHER COUNTRIES
Some of our partners are located outside the European Union and/or may store your data outside of the EU.
We ensure that:
the personal data is transferred to countries recognised as offering an equivalent level of protection or,
Personal data is transferred via certified entities under the Privacy Shield or,
For personal data transferred outside of countries recognised by the National Data Protection Authority (CNIL) as having a sufficient level of protection, any of the mechanisms offering appropriate guarantees is used, for which provision is made by applicable regulations, and in particular the adoption of template contractual clauses.
XI. CONTACT US
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us at app@newstory-inc.com. All other inquiries should be directed to our support page.
New Story Inc.
Terms of Services
Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully before using our Services (as defined below). These Terms and our Privacy Policy govern the relationship between you and New Story, Inc (“NS”, “our”, “we” or “us”) and apply to your use of our Services. The term “Services” includes, without limitation, our website https:// newstory-inc.com (the “Site”), mobile applications (each a “Game” and collectively “Games”), and any related services and content.
Our Privacy Policy describes how we collect, store, use, share, and otherwise process your personal information when providing our Services to you, as well as your rights and choices concerning your information. Please read our Privacy Policy carefully.
If you do not agree to the Terms set forth below, or if you do not want us to collect, store, use, or share your information in the ways described in our Privacy Policy, you must not use our Services.
Please note that, to use our Services, you need compatible hardware, software (latest version recommended and sometimes required), and internet access (fees may apply), among other technological features. Our Services’ performance may be affected by these or related factors, each of which we do not control.
By using our Services, you agree to be bound by these Terms. As set forth above, if you don’t agree to these Terms or our Privacy Policy, you must not use the Services.
2.1. Eligibility
You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
Please refer to our Privacy Policy available at https://newstory-inc.com/privacypolicy/ information on how we collect, use and disclose information from you, your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.
4.1. Rights in App Granted by Us.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
– Post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
– Use, display, mirror or frame the Services or the Content or any individual element within the Services, our name, any of our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
– Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
– Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
– Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
– Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
– Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
– Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
– Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
– Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
– Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
– Impersonate or misrepresent your affiliation with any person or entity
– Violate any applicable law or regulation; or
– Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any activity to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6.1. In-app purchases.
We provide a service in the form of access to games, virtual in-game items or currency, including virtual coins, cash, tokens, or points (collectively “Virtual Items”), and our other Services. In the Services, you may use “real world” money to obtain a limited, personal, non-transferable, and revocable license and right to use Virtual Items and/or other goods or services solely for personal, non-commercial, and entertainment purposes. As described below, you do not own Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased them.” Your account and any related Virtual Items are owned by us and Virtual Items do not have “real world” value.
When you purchase Virtual Items in our Games on third-party platforms such as Facebook, Apple, or Google, we are not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service carefully for additional information.
For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
Agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
If you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to “real” money or any credit balance in actual real-world currency. The amounts of any Virtual Items or any “virtual currency” balance shown in your account have no value outside of the game (e.g., in the real world), and instead only constitute a measurement of the extent of your limited license. We may modify or eliminate Virtual Items at any time and at our sole discretion, with or without notice.
You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. In addition, you may not sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it, among exercising other remedies available to us under these Terms or applicable law.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR SITE OR SERVICES OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the Virtual Items it licenses to you through the Services at any time.
6.2. Subscriptions
Some of our Games may offer subscription-based Services. If you purchase a subscription (or if you activate a trial subscription offered free of charge for a certain period of time that automatically converts to a paid subscription of if not cancelled prior to the expiration of the trial period), then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a periodic subscription contract with us. You are also authorizing a charge to you on a recurring basis of a periodic subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. In addition, if you activate a trial subscription offered free of charge for a certain period of time and do not cancel the trial subscription prior to the expiration of that period, the trial subscription will automatically convert to a paid subscription and begin charging on a recurring basis the payment method associated with your account. For subscription Services purchased in a NS Game played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms carefully for additional information.
Subscription charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method if you change your account information). Please note that prices and charges, including the fees associated with any subscriptions or the prices for any Virtual Items, are subject to change at any time and in our sole discretion. If we make a change to the periodic subscription rate in U.S. Dollars, we will let you know in advance.
Your subscription will automatically renew each subscription period unless and until you terminate your subscription, or we terminate it. You must cancel your subscription before it renews each billing period (or your trial subscription before expiration of the trial period), otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are solely responsible for the timely payment of all fees and charges and in ensuring the accuracy of the payment information associated with your account. If your payment does not process for any reason, your subscription may be automatically cancelled.
For subscriptions purchased through a platform such as Apple or Google (or for trial subscriptions that automatically converts to a paid subscription of if not cancelled prior to the expiration of the trial period), you may cancel at any time directly through the platform, as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device. For iOS subscriptions, please see Apple’s support page available here. For Google Play subscriptions, please see Google Play’s support page available here.
Except where required by applicable law, subscription payments are non-refundable and there WILL BE no refunds or credits for partially used subscription periods.
The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
If you use the Services on an Apple device, then you agree and acknowledge that:
– Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support with respect to the Services;
– You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
– Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Export Control. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
You will indemnify us and hold us harmless including our affiliated entities and their and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES, IF ANYTHING.
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.
If you are having a problem with a Service, many issues can be resolved by contacting us. You may find resolution by clicking on the “Support” link on that App. Before bringing a formal legal case, first contact our Customer Support team at app@newstory-inc.com to address your issue. Most disputes can be resolved that way.
These Terms and any action related thereto will be governed by the laws of Japan without regard to its choice of law or conflict of law principles. Further, you and we agree to the exclusive jurisdiction of the courts in Tokyo, Japan to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Photosensitivity Warning — Certain people may react to certain images, backgrounds, features, or effects, including light patterns or flashing lights (regardless of whether they have a diagnosed condition or history) in our Services, Site, or other content. If you or anyone in your family has an epileptic condition, consult your physician prior to playing. If you experience any issues or symptoms while using our Services or playing a Game, IMMEDIATELY discontinue use and consult your physician before returning to our Services or resuming play.
Entire Agreement — These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Services.
Severability — If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
No Assignment or Transfer by You — You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices — Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which we transmit the notice by email.
No Waiver — Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at app@newstory-inc.com or the address set forth below.
New Story, Inc.
6F, Ichigo Higashi Ikebukuro Bldg.1-34-5, Higashi Ikebukuro, Toshima-ku, Tokyo, 170-0013, Japan
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
