Welcome to StarMap.com (“we”, “our” or “us). This Terms of Use Agreement (“Agreement”) applies to this website and any successor website (the “Website”) and any other features, content, or applications offered from time to time by us in connection with or via the Website (collectively, the “Services”). The Services and the Website are hosted in the U.S.
This Agreement sets forth the legally binding terms for use of the Website and the Services by you (“you” or “your”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Website immediately.
This Agreement includes our policy for acceptable use of the Website and Services, your rights, obligations and restrictions regarding your use of the Website and Services and our Privacy Policy. In order to participate in certain Services, you may be required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at [email protected].
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.
CONDUCT
You, as a user, agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, false, misleading, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material or any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
The information contained on the Website is intended for entertainment purposes only. Nothing appearing on the Website constitutes an endorsement of any individual or business. By using the Website, you agree to refrain from using any of the information provided therein in any way to harass or invade the privacy of any of the celebrities mentioned, or to violate applicable laws in any manner.
We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our officers, directors, employees, agents, third-party content providers, sponsors and licensors (collectively, “Providers”) and any other user.
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal unauthorized use of the Website or Services.
WEBSITE CONTENT
You acknowledge that the Website contains content that is owned by us, our Providers and/or our licensors (“Proprietary Content”) which is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter devised. Such Proprietary Content includes, without limitation, text, graphics and photographs on the Website. The Website, including Proprietary Content thereon, is protected by copyright under U.S. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Proprietary Content, in whole or in part. Except as permitted by applicable law, you may not upload, post, reproduce, or distribute in any way Proprietary Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
StarMap.com is a service mark of starmap.com. All rights are reserved. This mark and all other graphics, logos, service marks, trademarks and trade dress of starmap.com, our Providers and our licensors used on the Website may not be used without our prior written consent. Without limiting the foregoing, no service mark, trademark or trade dress of ours may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, our Providers or the Website.
We use public domain information as well as user-submitted tips to provide you with the information contained on the Website. Although we make a substantial effort to provide only accurate and reliable information on the Website, we do not guarantee that any of the information contained on the Website, including any maps, addresses, directions or tour routes contained thereon, is accurate, current and/or error-free. You agree that we shall not be liable for any damages that arise out of a result of any inaccurate information contained on the Website.
USER SUBMITTED CONTENT
From time to time, areas on the Website may expressly request submissions of sightings, homes or other potential content or material from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Website to govern such submissions (“Additional Terms.”) If no Additional Terms are posted, this Agreement will apply to any Invited Submissions. In any event, no material that you send to us will be treated as confidential.
By posting or uploading any Invited Submissions to the this Site, you automatically and irrevocably: (a) warrant that you are the owner of the User Content; (b) grant and assign to us any and all rights in the User Content throughout the world in perpetuity including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by us by any means in all media now known or hereafter devised without payment to you; and (c) waive all applicable moral rights in the User Content. DO NOT SUBMIT ANY CONTENT TO THE WEBSITE IF YOU DO NOT OWN ALL RIGHTS TO SUCH CONTENT.
SUBSCRIPTION FEES, PAYMENTS & CHARGES
Fees. Company reserves the right at any time to charge subscription fees for access to the Service, or any portion thereof. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility. Refunds and exchanges shall be subject to our refund and exchange policies, in the applicable additional terms, as may be made available by us and updated by us from time to time.
Payments. If products, subscriptions, software, or services are made available for purchase through the Service and you wish to purchase such products, subscriptions, software, or services, you may be asked by us or our designee (or, if such product, subscriptions, software, or services are being made available by a third party provider, by such third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Service. Verification of information may be required prior to acceptance of any order through the Service.
Changes. We reserve the right, with or without prior notice, to: change descriptions or references to products, subscriptions, software or services; limit the available quantity of any products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions (collectively, the “Rewards Program”); and/or refuse to provide any user of the Service with any products, subscriptions, software or services. We may modify the Rewards Program, any points, or the terms that govern their usage, at our sole discretion, and such modifications may make the Rewards Program points more or less common, valuable, effective, or functional.
CLAIMS OF INFRINGEMENT
If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent
StarMap.com
905 N Bethlehem Pike, #44
Spring House, PA 19477
AGE OF USERS
This website is not intended for use of children or minors under the age of 13 years, even though it contains no adult materials. We do not knowingly collect or use any personal information from minors. No information should be submitted to us or the Website by visitors who are younger than 13 years old.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY MAPS LOCATED THEREON, OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL PROVIDED BY, SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FORM ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES EVEN IF WE OR OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity of enforceability thereof in any jurisdiction or the remaining provisions hereof in any jurisdiction.
APPLICABLE LAW; JURISDICTION
The Website is created and controlled by us in the State of California, and resides on servers in California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties agree that exclusive venue shall be in courts of competent jurisdiction sitting in Los Angeles County, California.
BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles County, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any such arbitration, and such Code Section is hereby incorporated by this reference. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to exchange, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
INDEMNITY
You agree to indemnify and hold us, our Providers, and our and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Website or Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes us to be liable to another person.
WEBSITE SECURITY
This website has security measures in place that are commercially reasonable efforts to protect your personal information. While no server is completely secure, we believe our measures are appropriate to the confidentiality of the information involved.
YOUR ACCOUNT AND PASSWORD SECURITY
Certain features and areas of the Website may only be utilized by registered users. When you create an online account for yourself on the Website, you need to select a personal password that you will remember. You are solely responsible for maintaining the secrecy of your passwords or any account information, and you agree to accept full responsibility for all activities that occur within your account.
OTHER
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
ACKNOWLEDGEMENT
The Terms of Use and Privacy Policy, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Website YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Please contact us at [[email protected]] with any questions regarding this agreement.
