TERMS OF USE FOR VIRTUALPOPSTAR

 

1. Summary

If you are under 18 years of age, your parents or guardian need to accept these terms of use, before you can make use of Virtual Popstar. In that case you need to go through these terms of use with your parents. By using Virtual Popstar you are accepting the terms of use set forth below. You will accept among others that virtualpopstar may send you e-mails. That you may not use virtualpopstar for commercial purposes; that virtualpopstar has the unlimited right to use and further develop the text / material you publish on this website or any designed clothing items that you make yourself or that others make and upload to or send in to virtualpopstar; that you are responsible for whether such material does not violate the rights of others and that if we find it necessary your access to this website, your account, forum topics or profiles may be removed, closed or blocked without it being possible to file a claim against virtualpopstar; that any damage incurred by the copyright owner can be claimed from the player if you do not comply with these terms of use.

 

Read the terms of use attentively, before you start an account and so forth on virtualpopstar

 

2. Introduction

2.1

These terms of use apply only to the use of virtualpopstar, to which you can get access among others through www.virtualpopstar.com, and related services, hereinafter jointly: ' virtualpopstar '.

2.2

In order to create and account on virtualpopstar, your parents or your guardian or you, if you are a legal adult, need to accept these terms of use firstly. As parents or guardian of a user you need to go through these terms of use together with the minor, since you bear the responsibility for the use of virtualpopstar by the underage person unless mandatory legal stipulations dictate differently.

 

3. Use of Virtualpopstar

3.1 Behavior

3.1.1 All communication on virtualpopstar, for example through chat, forum, blogs, clubs and messages needs to take place in a decent and correct manner.

3.1.2 It is not permitted to bully or harass others on virtualpopstar. It is not permitted to write something such as cybersex or something that is otherwise sexual by nature, including the initiation or acceptance of dating. And that is racist, discriminating on the basis of religion etc., threatening, violent, and patronizing or in another manner offensive or insulting.

3.1.3 It is also not permitted to put other persons on virtualpopstar in a bad daylight, even when such persons are not a user of virtualpopstar.

3.1.4 You need to obey the social rules listed on this page 
http://en.virtualpopstar.com/social/rules

 

3.2 Non-commercial use

It is not permitted to use virtualpopstar for commercial purposes. It is therefore not permitted to trade products in which you have an interest or that you are promoting for a different reason, which among others includes that the name of your account in no way may refer to a product or a company. It is also not permitted to use material of virtualpopstar for the development of services or websites that are competing with virtualpopstar or for other commercial purposes.

 

3.3 Do not use the accounts of others

It is not permitted to log in on the account of another person, not even when you have obtained permission of the said person.

 

4. Profile

4.1 Account name

4.1.1 The name of your account may not be offensive or insulting to others.

4.1.2 You are required to give your account a name that does not refer to your own family name, address, phone number etc. or that of others.

 

4.2 Password

You are required to choose a good and safe password, preferably a combination of capitals, small letters, signs and numbers. You may never pass on your password to others. Virtualpopstar will never ask for your password and any possible requests to that extent are false. Virtualpopstar can never see or look up your password and if you have forgotten it, then only you can request through a secure procedure.

 

5. Security

5.1

In connection with your own security never give your real name, address, telephone number and similar personal information to others or never agree to meet anyone in person without your parents or guardian being informed about that and have given their permission. If you do so without precaution, then you may endanger yourself, for instance by being approached by persons who are not who they present themselves as.

 

 

6. Rights

6.1

Virtualpopstar owns the non-material rights on all the material on virtualpopstar, including text, software, images, video, sound files, graphics and music. It is therefore not permitted to use this material unless in relation to general use of virtualpopstar or otherwise permitted according to these terms of use.

 

6.2

Notwithstanding the aforementioned section 6.1 you may, if you are entitled thereto, upload material of virtualpopstar to YouTube, Facebook, Twitter and similar sites as well as to use the material for personal purposes, however without that it may seem as if the material has been made available by virtualpopstar. It is under no circumstance permitted to use the material on websites that are in violation of Dutch law, websites with erotic/pornographic content or other places that in view of their nature may cause damage to virtualpopstar and use should at all times be in conformity with conform chapter/article 3. If you place your material of virtualpopstar on the internet, you also need to place a link to www.virtualpopstar.com.

 

6.3

If you yourself or others create material and upload it /send it to virtualpopstar, for example by the design of clothing or in another manner, then you grant virtualpopstar a free, irrevocable and unlimited ownership and right of use on the use of that material, including the modification, further development and offering thereof to others, against a fee or for free. Exceptions are uploaded photos of a personal nature. These will never be used by virtualpopstar for commercial purposes.

 

6.4

You are responsible for the fact that all the material that you are uploading or add to virtualpopstar in a different manner, does not violate the rights of others.

 

7. Purchase services on virtualpopstar, including manger, diamond member and credits

7.1 MANAGER

7.1.1 Upon the purchase of a MANAGER/DIAMOMND MEMBER package you will earn more money per show/performance, you will be able to set up a special forum image and you will benefit from a number of other advantages.

 

7.2 Virtual currencies

7.2.1 There are 3 kinds of currencies within virtualpopstar:  credits, promotion points and popdollars.

7.2.1.1. Popdollars and promotion points can be used for the purchase of various virtual goods and services. Popdollar can be earned by playing games and can be earned by various game elements such as giving a show. Promotion points can be earned by bringing new mbers to the site.

7.2.1.2. Credits can be earned by the wheel of fortune, can be earned by trading with other players voor popdollar, promotion points or clothing items. Or it can be bought in game with real money. be used to buy exclusive virtual goods and services such as the manager, which you can’t buy with Popdollars. When a player buys credits he first declared he is 18 years or older or has permission of his parrents. All purchase are final. No refund is possible.

 

7.3 Loss of services acquired on Virtualpopstar

7.3.1  If your account is removed by yourself or by others whom you have given access to your profile and account, or by a legal person or by virtualpopstar because you did not comply with the rules, the content and the services in relation to your account will be lost, including your wardrobe items, Popdollars, promotions points fans and credits. 

7.3.2 If your account is removed by virtualpopstar because you have acted against these terms of use or the rules on the rule page in-game, then also the content and services are lost and virtualpopstar will never refund or compensate you fot the amount for which you have bought or otherwise have in your possession possible credits, services or content of virtualpopstar

7.3.3 When a player exchanges with Popdollars and/or credits, such happens on his own responsibility. Virtualpopstar has no liability in this respect.

8. Compensation

8.1

All the use of virtualpopstar is for your own responsibility. Virtualpopstar is not responsible for losses that you may incur as a user as a result of your use of virtualpopstar, unless mandatory legal regulations prescribe differently.

 

8.2

The total liability of virtualpopstar towards a user or others can under no circumstances exceed an amount of usd $10

 

8.3

If virtualpopstar or third parties incur damages as a consequence of your non-compliance with these terms of use or as a consequence of your abuse of virtualpopstar, then you will be liable for this loss. This also applies to indirect losses and costs for expert advice, lawyers etc. If you are underage, then your parents or guardian will be held liable as much as possible therefore.

 

9. Personal data

9.1

Virtualpopstar makes use of cookies and logs your data. These data are collected for security reasons and in order to improve the user experience.

 

9.2

In accordance with the Dutch law on the protection of personal data you as a user have the right to view the data and to have your personal data changed or removed when you want. This is possible when you log in and go to Profile/Account settings or you can contact: [email protected]

 

9.3

Not later than 6 months after your account has been removed, all information about your account will be removed from our system.

 

9.4

Virtualpopstar will only give registered personal data to government entities, such as the police, to the extent that such is in compliance with current lawful conditions.

 

10. Changes

10.1

Virtualpopstar reserves the right to change the terms of use at all times and without notification. A possible change of the terms of use will be announced at least 2 weeks after the coming into force of a change on the website of virtualpopstar through the internal messaging service or any other suitable manner.

 

10.2

If you continue to use virtualpopstar after such change of the terms of use, then you have accepted the changes automatically. As a user you need to read the applicable terms of use periodically and at least once every three months.

 

10.3

It may happen that after a change of the terms of use you are explicitly requested to accept the newest version of the terms of use of virtualpopstar explicitly.

 

10.4 If you can no longer accept the terms of use of virtualpopstar, then your right to make use of virtualpopstar ends immediately and you are required to remove your account immediately.

 

11. Termination

11.1

Virtualpopstar can at all times and without prior notification close or remove your profile and/or block your access to virtualpopstar, for instance by blocking your IP-address, if virtualpopstar is of the opinion that you have violated these terms of use, even if you didn’t. Even when you have a MANAGER, credits, or digital goods, your profile can be closed/removed/blocked without compensation or restitution. A decision by virtualpopstar regarding a violation of the terms of use is final.

 

 

11.2

Virtualpopstar can furthermore terminate your access to and/or the use of virtualpopstar with notification. If you have purchased a MANAGER at virtualpopstar, the notification period will be at least as long as the remaining part of your possible MANAGER of virtualpopstar that has been purchased as the moment of notification of termination. However, virtualpopstar is entitled to, notwithstanding the previous, to terminate the access to and/or the use of virtualpopstar without warning, if you haven’t logged in for at least 6 months. In such case you run the risk that all content and services, including a possible MANAGER and credits, will be lost in relation thereto.

 

11.3

A change of the terms of use is not regarded as a termination of your access and/or your MANAGER.

 

12. Objections

12.1

If you are not satisfied with a decision by virtualpopstar or want to object or want to contact virtualpopstar, you can do that at [email protected] or by contacting any of the Admins or VP-Etjen by sending a message over VirtualPopstar. Virtualpopstar will process your request as soon as possible after receipt.

If, by accident, you have not received the credits you bought or did not receive the clothing items or a clothing set, you can get in touch with the admins on VirtualPopstar or contact VP-Etjen by sending a message over VirtualPopstar or by writing an email to [email protected].

Please don't contact either PayPal or Stripe before you've discussed the issues with VirthualPopstar first as we will do everything in our power to correct any possible mistakes.

Should you dispute a transaction via PayPal or Stripe before reaching out to VirtualPopstar first, and the claim is invalid or unfounded and untrue, then we consider this PayPal-Fraud or Stripe-Fraud and aside from charging you an admin fee equal to the amount of €50 in game credits, you also risk to receive a Time-Out or a Ban.

 

12.2

If you want to report a violation of the terms of use by another user, then you can do that by notifying one of the administrator known as player: 'Admin' on virtualpopstar via the internal messaging system within.

 

13. Applicable law

13.1

On your use of virtualpopstar and possible conflicts between you as a user and virtualpopstar, including the interpretation of these terms of use, the laws of the Netherlands apply.

 

14. Company data

14.1

Virtualpopstar has been developed by:

Virtual Popstar Pty Ltd
Sydney

Privacy policy/Privacy statement

 

Dear players and visitors of Virtual Popstar,

We highly value your trust. The protection of your data and respecting your right to privacy and the autonomy of information when collecting, processing, and using your personal data is, therefore, very important to us. The information below is intended to offer you a swift and simple overview of the data we collect on you and process in connection with your use of our website. You can find a detailed summary of it in our Privacy statement. You have the right to object against the processing of data, you can do so by sending an e-mail to [email protected]; for more information see elsewhere on this page.

VirtualPopstar.com, represented by Virtual Popstar Pty Ltd is responsible for the protection of information on this website. You cannot contact us telephonically, but only by e-mail at [email protected]. Our data protection officer can be reached at [email protected].

What subjects does it regard?	What is the purpose of the processing of data?	Is it mandatory to provide this information?	Does profiling happen?	When is this data removed?
Visits to our websites IP address, cookie  identifier (cookies), order ID (advertising) Legal grounds Article 6 (1f) AVG/GDPR	Creation of log files  By making use of log files, we can guarantee the connection with our website and simplify the use of the webpage, for example by selecting the correct language and currency. We carry out analyses to assess the security and stability of the system and for administrative purposes. Web analytics We use auxiliary software for analyses and tracking to evaluate the conduct of the user. This allows us to adapt our website to the interests of visitors. The statistical analysis of user profiles gives us an indication of the functionality and the success of our web pages (e.g. how many visitors have clicked on a specific offer on our homepage).  Advertising By using so-called 'ad-tracking tools', we and third parties can analyse the behaviour of individual users on various websites in anonymous form, detect their interests and, based on this information, show customised advertising. Customers who are looking for pet food, for example, will be shown recommendations for related products. Through so-called affiliate networks we advertise our products on third-party websites. If you click on these ads, you are led through to the relevant product in our web shop. The third-party provider in case only receives the order ID to invoice commission in the event the visitor has purchased something. Plug-ins for social media On the publication pages of our website the possibility is offered to share information with social network providers. To propose this, we make use of the ‘shariff wrapper’ technique which does not transfer data without your consent (automatic). For more information on the cookies which are used on the website, the specific purpose of processing and how you can remove tracking and advertising cookies, see Information on the right to object to the processing of data.	No Without data processing, some parts of the website cannot or can only partially be used. The content of your shopping cart, for example, is saved with the aid of cookies.	Yes¹	For more information on the duration of the storage of cookies, how you can remove the cookies beforehand and how you can object to the processing of data, we refer you to Information on the right to object to the processing of data.
Web shop E-mail address, title, first and last name, shipping address, invoicing address, payment information (no credit card information!), log-in data for registered customers, customer number, order number (for registered customers), IP address, cookie identifier Legal grounds Article 6 (1a, b, f) AVG/GDPR	Orders We use your personal data to process your personal data to handle your order and prepare it for shipment. If you have a customer account, we need your log-in data (e-mail address and password) to confirm your account. Product recommendations To show you personally recommended products, we process anonymised data during the searching for products on our website.	Yes (contractual) We cannot process and ship your order without processing your data. To analyse your user behaviour in connection with a search in the web shop, we do not need information.	Yes¹	During the existence of a user account, or until we are asked to remove information, data are deleted/stored in accordance with the commercial and fiscal requirements.
My account E-mail address, customer number, log-in data, order history Legal grounds Article 6 (1a) AVG/GDPR	Customer accounts We use your personal data to create a customer account for you. As a registered customer, you can manage your contact information, communicate your preferences for delivery, payment, and the newsletter, review your order history and gain access to your bonus points account.  Facebook Connect If you register for our website with your Facebook log-in data, a link is created between your Facebook profile and our website. Through this link, data can be transferred.	No It is not possible to make use of a customer account without processing your data. The use of social media plug-ins is voluntary and not required for the use of a customer account.	Yes¹	Until the removal of your account and as soon as you request us to remove your data.
Newsletter E-mail address, title, first and last name, order history Legal grounds Article 6 (1a, f) AVG/GDPR	News and special offers Through our newsletter, we send current information on products, services, promotional offers, and discounts.	Otherwise sending the newsletter and a personalized approach are not possible.	Yes¹	If you unsubscribe for our newsletter or as soon as you request us to remove your data.
Reminder E-Mail address Legal grounds Article 6 (1a) AVG/GDPR	Availability of the product You can register by e-mail for a reminder regarding the availability of certain products. On your request, we can let you know through a one-time notification that the product is available from our product range again.	Otherwise we cannot inform you about the desired product.	No	We remove your e-mail address automatically after 95 days.
Contact information First and last name, e-mail address, message Legal grounds Article 6 (1a, b) AVG/GDPR	Customer service  In the partial contact, you can ask us questions by e-mail or phone. With the aid of the data provided by you, we can contact you, answer questions, and resolve any possible problems.	No It is not possible, however, to answer your questions without processing your data.	Yes¹	Until you remove your customer account, or two years after the last moment of contact, or when you request us to remove the data.
Community services E-mail address, user name, remarks Legal grounds Article 6 (1a) AVG/GDPR	forum/blog We hide your personal data to publish your comments in the blog/forum guest book. Upon registration, you create a nickname/account. Nothing else is shown publicly. Your e-mail address is not disclosed.	No It is not possible to use the comments function of the blog without processing your data.	No	If we are requested to remove the data.

 ¹ More information can be found elsewhere on this page under Information on the right to object to the processing of data and our Privacy statement.

What theme is involved?	What data are shared?	Who receives data and what is the purpose of sharing data?	Do we share data in other countries?
Visits to our websites	IP address, cookie identifier	Web analytics and ads: Providers of ancillary software for tracking and advertising process data on our behalf for the purpose of users’ analyses and statistic processing, and to post ads based on interest. Information based on the supplier, the functionality of the various ancillary programs for tracking and information on how to prevent the evaluation and analysis of your data can be found in the Privacy statement and in Information on the right to object to the processing of data.	Yes. Headquarters of a few providers is located outside the EU/EEA.²
Web shop	E-mail address, shipping address	Delivery services: To enable providers of parcel servicers to offer a concrete schedule for the delivery of your parcel, and to offer you the possibility to modify the delivery date of your parcel, we give our service providers not only your delivery address but also your e-mail address and phone number, if indicated.	Nee
	Cookie identifier, customer number, order number (for registered customers)	Product recommendations: For searches in our web shop, we have commissioned a website customising service which makes use of your data to make a product selection which is attuned to your needs. In this manner, we can show products which may be interesting to you.	Yes²
Newsletter	E-mail address, title, first and last name, order history	News: The newsletter is processed through the provider of e- mail marketing which we have ordered to create and forward newsletters.	No
Contact information	First and last name, e- mail address, message	Customer service: Your questions/requests are processed by customer services agencies for virtual popstar.	Yes²
Community services	E-mail address, user name, remarks	Blog/forum: For these we have set up a so-called managed service. That means that we have ordered a company to manage this app on behalf of us. This service comprises hosting, maintenance, service, back-up, and support.	No
Advertising partners	E-mail address, title, first and last name, invoicing address, payment information, log-in information	Partner: Also for our advertising partners we have ordered an IT provider to maintain this app for us.	No
Job application portal	Title, first and last name, phone number, e-mail address, job application documents	Applications: For our job opportunity portal, we make use of staff management software which supports us in the management of job applications and searches for job opportunities.	No

² More information on all service providers can be found in this Privacy statement.

You have the right at all times to ask virtual popstar for a confirmation of whether we process your personal data as well as the right to information about these personal data. You also have the right to correct, delete, and limit the processing of data, as well as the right to object at all times against the processing of personal data or to withdraw your permission for the processing of data or to request for the transfer of data. For all information needs or requests, withdrawals, or objections against the processing of data, please send an e-mail to our Data Protection Officer or do it by way of the contact information above. Furthermore, in the event of privacy breaches, you have the right to submit a complaint to a monitoring institution.

Information on the right to object to processing

 

Here you can find information about the tools (web tracking, advertising, cookies, plug-ins, beacons, pixels, tags, scripts, etc.) which we use on our website, how they work and how you can object to the processing of your personal data, and how you can remove the collected personal data. You can find more information in this Privacy statement and Privacy policy.

What are cookies and what categories of cookies are there?

A cookie is a tiny file which is stored in the browser of your final device when you call up a website. Cookies can be used, for example, to identify the final device in question or to ensure the complete and correct rendering of our website. Cookies also help to supply the services which are integrated in the website, to personalise content and to adapt and analyse advertising.

Depending on function and use, cookies can be subdivided in five categories. 

1.     We use necessary cookies on our websites, so you can navigate across our website and make use of basic functions.

2.     We use performance cookies to improve the usability of our website. These cookies collect information on the use of our web pages, for example the internet browser which was used and the operating system, the domain name of the website where you arrive from, the number of visits, the average duration of visits, and the opened pages.

3.     We use analytical cookies to improve the user friendliness of our website. With these cookies, we can determine how our website is used and, for instance, what preferences and search terms are used to call up certain web pages. 

4.     We use advertising cookies to provide you with targeted and relevant content. Advertising cookies are also used to measure and control the efficacy of advertising campaigns. Marketing cookies register whether a website is visited and what content is made use of. This information can also be shared with third parties, advertisers for example, and is often linked to website functions of third parties (third-party cookies). 

5.     Social media cookies are used by social networks. The log-in information of a social network, for instance, can be used for registration on our website.

How can I remove cookies and disable tracking?

You can remove individual cookies or the entire cookie inventory through your browser settings. Furthermore, depending on the provider of your browser, you receive information and instructions beforehand on how to prevent the storage of cookies: 

Mozilla Firefox І Internet Explorer І Google Chrome І Opera І Safari

You can also individually manage the cookies from various companies and functions which are used for advertising. For this purpose, use suitable user tools which are available to you through About Ads or Your Online Choices or Network Advertising.

Most browsers have a so-called 'Do Not Track’ function by which you can indicate that you do not wish to be ‘followed’ by websites. In case this function is activated, the browser in case informs advertising networks, websites, and applications that you do not want to be followed in the context of behaviour-based advertising or the likes. Information and instructions about the modification of this function can be obtained depending on the provider of your browser: Mozilla Firefox І Internet Explorer І Google Chrome І Opera І Safari

You can also prevent the standard loading of so-called scripts. The add-on NoScript only permits the execution of JavaScript, Java, and other plug-ins in case of trusted domains of your choice. Information and instructions on how to modify this function van be obtained from the provider of your browser (e.g. Mozilla Firefox).

What analytical tools are used by virtual popstar and how can I object to the use of tracking for analysis (opt-out)?

In the following part it is explained how you can prevent the use of tracking techniques which we use for web-analysis and how you can object to the processing of your data.

Analytics-tools used	Purpose & anonymization	Opt-out procedure
	The analytical tools make use of cookies on our behalf to evaluate the use of our website and to prepare reports for virtual popstar regarding website activity. All our analytical tools make use of anonymised IPs, which means that your IP address is abbreviated when you call up our website or that it is substituted by a generic IP. Then it is no longer possible to personally identify the user. We have concluded contracts with Adobe, Google, Hotjar, and Optimizely for contract processing based on the so-called model contract provisions of the EU.
Google Analytics is an auxiliary program for web analysis from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (Google). With the aid of Google’s Analytics, a website can analyse where users are from and how they use the website.  Click here  for more information about this tool, the purpose of data processing and the privacy policy of the provider.		You can prevent the collection and processing of your personal data by Google by downloading and installing this browser add-on. The collection of data by Google Analytics can be disabled here. It sets up an opt-out cookie which prevents the collection of data on you.

What promotional means are used by virtual popstar and how can I object to the use of advertising tracking (opt-out)?

In the following paragraph, it is explained to you how you can prevent the use of the tracking techniques we apply for advertising purposes and how to object to the processing of your data.

Advertising tools applied by us	Opt-out procedure
DoubleClick, Google Adwords Remarketing and Google Dynamic Remarketing are tools for advertising from Google which activate interest-based advertising and shows it to visitors to our website and others.  We use these tools/programs for retargeting/remarketing. A pseudonym identification number (ID) is attributed to your browser to control what ads have appeared in your browser and what ads were viewed. As a result, Google can adapt the shown ads on the basis of earlier visits to our website and to others. Click here  for more information about the use of these tools and the privacy policy of the provider.	You can prevent the processing of data generated by cookies and of data on your use of the website (including your IP address) by downloading and installing the browser plug-in which is available through the following link: https://www.google.com/settings/ads/plugin?hl=de You can object to the processing of your data by selecting the right Google settings . Cookies for advertising based on interests can also be disabled through advertising network campaigns. This is explained in: ‘How can I remove cookies and disable tracking?’.
Google Adwords User Lists and Google Analytics Audiences are tools/programs for advertising from Google which are used by us to generate users’ lists and to set up remarketing campaigns for specific target groups. Click here for more information about the use of these tools and the privacy policy of the provider.
Facebook Customs Audience and Facebook Pixel are tools/programs from Facebook Ireland Ltd., Hannover Reach 5-7 Hannover Quay, Dublin 2, Ireland (Facebook). Our website makes use of a 'Facebook Pixel' from Facebook which offers a direct link to the Facebook server. The Facebook server receives a notification that you have visited our website and distributes this information to your personal Facebook user account, if you have such an account and if you are logged in. Facebook Customs Audience is used to generate users’ lists to direct advertising campaigns at specific target groups. Click here  for more information on the use of these tools and the privacy policy of the provider.	If you are not logged in on Facebook during your visit to our website or you are not a Facebook user, your website visit is not distributed to a Facebook user account. You can manage information you have shared by using Facebook through the tool 'Activities logbook' or through the tool 'Download your data' from Facebook. Click here to disable the processing of data.

What cookies are used by Virtual Popstar?

None.

Who is responsible at virtual popstar for data protection?

The owner is responsible for the protection of the information on this website. You can contact us by e-mail through [email protected]. 

You can contact our data protection officer by e-mail: [email protected]

What rights do I have?

You have the right at all times to ask for confirmation on whether we process personal data and the right to be informed on this personal data. You also have the right to correct, delete, and limit the processing of data, as well as the right to object at any time against the processing of personal data or to withdraw your permission for the processing of data or to request the transfer of data. You furthermore have the right to submit a complaint to the monitoring institution in the event a breach of privacy occurs.