Some terms used herein are defined in the last paragraph of the Terms. Please refer below for definitions.
These Terms may be amended by Star Launch from time to time at its sole discretion. Upon amendment, we will Post a notice on our homepage and/or, where applicable, emailing such material revisions to the email address you provide upon registration. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to Star Launch making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
When using the Website, you shall be subject to any Posted rules or policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 13 years of age or older. If you are under 13, please do not submit personal information to us or conduct transactions through the Website.
You may browse the Website without registering. However, in order to access some portions and features of the Website, you will be required to register with and/or sign into the Website. If you do so, you are responsible for maintaining the confidentiality of your password and username, and are fully responsible for all activities that occur under your username or password. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at firstname.lastname@example.org.
Users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Star Launch reserves the right (but not the obligation) to remove or edit any such content.
Star Launch and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Star Launch. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.
The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect Star Launch's rights, photographs and videos made available on the Website may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.
All fees payable under these Terms are exclusive of VAT, duties or sales tax where appropriate, which is made payable at the standard rate applicable at the time. You are responsible for the payment of all sales and usage taxes when applicable and Star Launch or our third-party payment processor shall be entitled to charge such taxes to you in addition to the payment for any License.
Star Launch has adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ access to portions of the Website.
If you have a good faith belief that your copyright is being infringed by any material on the website, please send a notice of claimed infringement, including the information listed below, to Star Launch's Designated Copyright Agent:
Star Launch, LLC.
P.O. Box 515381 #93703
Los Angeles, CA 90051-6681
To ensure compliance with DMCA guidelines, the notice of claimed infringement must include the following required contents:
We have also instituted a counter notification policy designed to enable, at our sole discretion, the prompt replacement of material that is removed in response to a notice of claimed infringement as a result of a mistake or misidentification. To ensure compliance with DMCA guidelines, the notice of counter notification must include the following required contents:
Please note that information provided in these legal notices may be forwarded to the person who provided the allegedly infringing content.
If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at email@example.com. We will work to prevent unlawful activity from taking place on or through the Website.
You represent and warrant that you will not use the Website to:
To the extent allowed by law, Star Launch shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
You will indemnify and hold Star Launch harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the Terms, including any breach of the representations and warranties contained herein. You hereby agree that Star Launch shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.
IN NO EVENT SHALL STAR LAUNCH BE LIABLE TO YOU FOR (A) ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF STAR LAUNCH HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS; OR (B) BE RESPONSIBLE FOR ANY LIABILITIES ARISING FROM MISFEASANCE, MALFEASANCE, NEGLIGENCE, ACTS OF GOD, OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SERVICES, FACILITIES OR EQUIPMENT PROVIDED BY A THIRD PARTY VENDOR (INCLUDING ANY AGENTS, SUBCONTRACTORS, INDEPENDENT CONTRACTORS OR END USERS OF THE SAME). IN NO EVENT SHALL STAR LAUNCH BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO STAR LAUNCH FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE STAR LAUNCH PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES ADVERTISING ON OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.
Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the representations and warranties contained herein, we may seek injunctive or other appropriate relief in any state or Federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms constitute the entire agreement between you and Star Launch, LLC, and govern your use of the Website. These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other Star Launch websites or third-party Websites.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
Star Launch may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive:
“Including” or “including” mean including without limitation.
“Post” means to upload, post, make available, send, share, communicate or transmit.
“Website and Services” refer to content, features and functionality (“Services”) made available to users at the Internet website located at the URL www.starlaunch.com and its accompanying pages, as well as via email communications, mobile applications and other media now existing or hereafter devised (“Website”).
“Works” refers to content we own, authored, created, purchased, or licensed.
“Your Information” refers to information submitted to us by you including your name and email address.
“Your Data” refers to data we collect about you including your IP address or other non-personally identifiable information.