Effective: February 7, 2017

Terms of Service

Thank you for visiting Starlies.com. Any content or services made available on the www.starlies.com website (collectively, the “Site”) is provided to you by Starlies. These Terms of Service contain the legally binding contract that govern your use of the Site. Please read and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy located on the bottom of the Site, which describes the way we use your information (the “Privacy Policy”) before your use of this Site. You hereby acknowledge and agree to the validity and acceptance of these Terms of Services and Privacy Policy, and hereby agree to be bound. If these Terms of Service conflict with any other document, these Terms of Service will prevail with respect to your use of the Site.

BY SIGNING UP OR OTHERWISE USING THE WWW.STARLIES.COM WEBSITE OR ANY OTHER WEBSITES, APPLICATIONS, PRODUCT, OR SERVICES LINKING TO OR CONTAINING THESE TERMS OF SERVICE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE AND THE PRIVACY POLICY FOR THE COLLECTION, USE AND SHARING OF INFORMATION. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND SUCH PRIVACY POLICY, YOU MAY NOT USE THE STARLIES SITE. THESE TERMS OF SERVICE AND PRIVACY POLICY ARE EFFECTIVE UPON YOUR USE OF THE SITE.

Restrictions

In order to use the Site, you need to be 18 years or older. This Site is not directed towards individuals under the age of 18 or intended for any users suspended or terminated from using the Site by Starlies for any reason. If you are under the age of 18 or Starlies has suspended or terminated your account or otherwise indicated that you are no longer authorized to use the Site, you may not use the Site.

Your Account Associated with Starlies

You must be of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may be required to complete login and registration information about yourself to use the Site and agree to provide only true, accurate, current and complete information. Starlies has the right to suspend or terminate your account and refuse your use of the Site if you provide any information that is untrue, inaccurate, or incomplete or Starlies has reasonable grounds to do so. You are solely responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. Further, you are strictly prohibited from selling, trading, or otherwise transferring your account information of the Site to another party. In the case of a security breach, you agree to notify Starlies of any authorized use of your account. Starlies reserves the right to change or discontinue the Site or any service available therein at it’s sole discretion.

Description

Users may have access to certain content, features, and functionality on the Site. You shall be solely responsible for obtaining and maintaining any equipment that may be required to order for you to have access to the Site. It your responsibility to for obtaining and satisfying all technical requirements necessary in order to access the Site and any service available therein, including any associated third party fees (including without limitation, interest charges).

License and Site Access

Starlies grants you access to a non-exclusive, non-sublicensable, non-transferable, revocable, limited license the use of website as intended through the provided functionality of the Site in accordance with the terms and conditions set forth herein and subject to your continued compliance with these Terms of Service. This license does not include the right to (i) download (unless you see a link to download that is displayed by the Site that applies specifically to that particular content) or copy of the Site or any portion thereof or any information and content available on or through it including, without limitation, any writing, photos, videos, sound, music, emails, dislikes, likes, logos, software programs or applications (collectively, “Content”) or account information for the benefit of any other party; (ii) copy, modify, create derivative works from, sell, resell, redistribute, sub-license, or otherwise exploit any Content for public or commercial use without Starlies express written consent; (iii) post, upload, or transmit any content that you do not have the full legal right and authority to make publicly available without charge or restriction of any kind (including, without limitation, the intellectual property of another); (iv) cache unauthorized hypertext links to the Site or frame or utilize framing techniques to enclose any trademark, logo, or any Content available through the Site without Starlies express written consent; (v) post, upload, or transmit any content that contains software viruses or any other programs, files or computer code designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Starlies sole determination) an unreasonable or disproportionately large load on the infrastructure of the Site; (vi) post, upload or transmit content that a reasonable person would find objectionable, including without limitation, content that contains obscene language or is threatening, defamatory, infringing of intellectual property rights, invasive of privacy or otherwise injurious to third parties, or which displays or promotes violence, use of firearms, racism, hate, libel, gambling, tobacco, alcohol, pornography, nudity or other offensive subject matter; (vii) post, upload, or transmit any content that consists of mass mailings, chain letters, political campaigning, commercial solicitation or any form of "spam"; (viii) use data mining, robots, or similar data gathering and extraction tools; or (ix) use any metatags or any other hidden text utilizing Starlies name or trademarks without the express written consent of Starlies or the third party that owns the applicable Marks. You may not bypass any measures used by the Site to prevent or restrict access to the Site or service available therein. In addition to any other remedies that may be available to Starlies under applicable law, any unauthorized use by you shall immediately terminate the permission and/or license granted to you by Starlies under these Terms of Service or otherwise in connection with the Site.

Warranties and Disclaimers

YOU UNDERSTAND AND EXPRESSLY AGREE THAT STARLIES PROVIDES THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE VIA THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER STARLIES NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A "STARLIES PARTY") MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT OR THE RELIABILITY, ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, CONTENT, NEWS, OPINIONS, FILES OR PRODUCTS MADE AVAILABLE OR ADVERTISED VIA THE SITE. NONE OF THE STARLIES PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED, NOT DEFECTIVE OR ERROR FREE OR THAT THE SITE OR ANY CONTENT OR FILES SHARED OR MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY AS TO THE SITE AND/OR ANY CONTENT, FILES, OR OTHER OFFERINGS OR SERVICES PROVIDED, ADVERTISED OR MADE AVAILABLE TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE STARLIES PARTIES MAKES, AND STARLIES (ON BEHALF OF ITSELF AND EACH STARLIES PARTY) HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, NEWS, OPINIONS, FILES OR ANY PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR OTHER OFFERINGS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE.

Limitations

YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR THE USE OF THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT IN NO EVENT SHALL STARLIES OR ANY OTHERS ASSOCIATED WITH STARLIES PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPRTIONS, USE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM THE USE OF THIS SITE OR FROM CONTENT OR SERVICES MADE AVAILABLE OR ADVERSITED THROUGH THE SITE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Endorsements

Starlies does not represent or warrant the accuracy, truthfulness, completeness or reliability of any material posted by others on the Site nor does it endorse any opinions made by users of the Site. Statements made in any discussion area is not a representation of Starlies views. Users, visitors, and participants alike acknowledge and agree that any reliance on material posted or sent by others is strictly at their own risk.

Indemnity

By using this Site, you agree to indemnify, defend and hold Starlies and each Starlies harmless from and against all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way related to (i) your breach of the Terms of Service, (ii) claims resulting from unsolicited information you supply, (iii) your unauthorized use of and/or access to the Site, Content, files, material, or products made available on the Site, or (iv) violation of any law or rights of a third party, including without limitation, any copyright, property, or privacy right.

Electronic Communication

You consent to receiving communications from Starlies electronically either by email or by posting notices to the Site. 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.

Third Party Sites and Providers

This Site may incorporate links to external third party sites or resources. Since Starlies has no control over such sites and resources, you acknowledge and agree that Starlies is not responsible for the availability of such external sites or resources, and does not guarantee, approve or endorse and is not responsible or liable in any way for any content, advertising, products or other materials made available on or from the sites or resources occurring in connection with such sites or resources. Without limiting the generality of the limitations of liability set forth in these Terms of Service, you further acknowledge and agree that Starlies shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with use of, purchase of (to the extent applicable) or in reliance on any such content, goods, or products or available on or through any such external site or resource. Your use of the sites and resources is at your own risk. Any questions or concerns regarding those external sites or resources or any external link should be directed to the site administrator or webmaster for the applicable external site.

Passwords and Secured Areas

You’re solely responsible for any activity on your account so it is important to keep your password secure.

Modifications

From time to time, Starlies may modify these Terms of Services and Privacy Policy at any time and will become effective by posting the new terms and conditions on the Site. Starlies has the right at time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Site. You agree that such notification shall be sufficient notification of such changes. Updated versions of these Terms of Service and the Privacy Policy will be effective when posted on the Site. Please check the Terms of Service and Privacy Policy posted on the Site frequently for any changes. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the updated Terms of Service and/or Privacy Policy (as the case may be) by your use of the Site following the changes.

Intellectual Property Rights

Certain graphics, logos, page headers, icons and service names displayed on the Site are trademarks, registered trademarks or trade dress of Starlies ("Marks") in the U.S. and/or foreign countries. Users are prohibited from using any Marks for any product or service that is not Starlies in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Starlies. All other trademarks not owned by Starlies that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Starlies.

The Content on the Site is the sole property of Starlies and/or its content supplied by a third party and is protected by United States and international intellectual property laws. The compilation of all content on the site is the exclusive property of Starlies and protected by United States and international copyright laws. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.

Procedure for Copyright Complaints.

Starlies takes claims of copyright infringement seriously. Starlies will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to support@starlies.com:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Starlies will remove any Content to the extent that we have been properly notified that such Content infringes on another party's intellectual property rights. The information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.

General

The entire agreement between you and Starlies consisting of the Terms of Service, together with the Privacy Policy, governs your use of the Site, superseding any prior agreements between you and Starlies with respect to the Site. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Starlies without restriction. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, Starlies may offer special promotional offers that may or may not apply to you as a user of the Site. To the extent such offers apply, you agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section.

These Terms of Service and the relationship between you and Starlies will be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to principles of conflict of law. You and Starlies agree to submit to the personal jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts with respect to any claim, action or proceeding that may arise in connection with these Terms of Service or your use of the Site, and such claim, action or proceeding must be brought solely in the state or federal court for Middlesex County, Commonwealth of Massachusetts and any appellate court from any thereof. You waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding. The failure of Starlies to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.

Discontinue the Site

We reserve the right to discontinue or modify the Site, or any part thereof, without any notice, at any time and for any reason. We may also deny use of the Site if we, in our sole determination, have any reason to believe that you are not in compliance with these Terms of Service or the Privacy Policy.

If you have any questions regarding the Site or our policies regarding the Site (including without limitation, the Privacy Policy), please contact us at support@starlies.com or at

Starlies Support

47 Waterbury Road

Suite 4 PMB 364

Prospect, CT 06712

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