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Star2Star Application Framework

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END-USER TERMS AND CONDITIONS OF SERVICE

Star2Star Communications

These terms and conditions of service ("Terms and Conditions") are a legal agreement between you (referred to as "You," Your," or "User") and Star2Star Communications ("Star2Star"). Your access to, and use of, the Star2Star website for which You are registering ("Website") is subject to, and governed by, these Terms and Conditions.  If You are an individual, You represent and warrant to Star2Star that You are accessing the Website as a representative of Your company.  Star2Star may amend the Terms and Conditions by providing notice to You when You access the Website and You may be required to agree to such amended Terms and Conditions as a condition to Your continued use of the Website.

Be sure to carefully read and understand all of the rights and restrictions delineated in these Terms and Conditions.  By clicking on the "Accept" button below, You are consenting to be bound by the Terms and Conditions.  You may print the Terms and Conditions by using the "Print" option on Your browser.  Your registration will be rejected unless or until You accept the Terms and Conditions.

ARTICLE 1

Passwords and Access

1.1	You are responsible for the security of Your login ID and password ("Your Identification") for the Website. You agree that any person using Your Identification issued for the Website will be treated by Star2Star as having been authorized by You to access Your information as contained on the Website, and take any other actions on Your behalf. You will indemnify and hold harmless Star2Star and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person entity using Your Identification.

1.2	Star2Star has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that Star2Star, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or Star2Star. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal.  You choose to use the Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.

ARTICLE 2

User Conduct

2.1	You agree that You are responsible for Your own use of the Website and for any consequences thereof.  You agree that You will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations.

2.2	You acknowledge and agree that Star2Star may terminate Your Identification and/or deny You access to all or part of the Website without prior notice if You engage in any conduct or activities that Star2Star, in its sole discretion, believes violate any of the Terms and Conditions, violates the rights of Star2Star or is otherwise inappropriate for continued access.

2.3	Do not use another person's personal and confidential information on the Website, except with authorization and only in the manner specifically indicated.

2.4	Also, please keep in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.

2.5	Do not use the Website to engage in illegal activities or to promote dangerous and illegal activities.

2.6	Do not create content that transmits computer viruses, malware, adware, spyware, Trojan horse, worms or other harmful component of reproductive or non-reproductive nature.

ARTICLE 3

Confidential Information

3.1	Star2Star considers Your Identification and information contained in non-public areas of the Website entered by You and not otherwise generally available to the public to be confidential and proprietary ("Confidential Information").

3.2	Star2Star agrees to restrict disclosure of such Confidential Information to employees, contractors and other representatives with a clear need to know as needed to operate the Website and to advise such employees, contractors and other representatives of the existence and Terms and Conditions and the obligations of confidentiality herein.

3.3	Star2Star may receive from You, or may itself generate (based upon other information received from You), information and data related to Your projects ("Project"). Such information may include technical information, preliminary product and service descriptions, specifications and business plans or other confidential data. You hereby consent to Star2Star collecting, holding, using, communicating and/or disclosing such Project information as needed for the functioning of the Website.

ARTICLE 4

Intellectual Property

Star2Star is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Website.  User may not download and/or save a copy of any of the screens except as otherwise provided in these Terms and Conditions for any purpose other than those stated in these Terms and Conditions.  If User makes other use of this Website, except as provided herein and in connection with the Software License, User may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. We do not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, copyrightable material or other intellectual property, by placing them on this Website.

ARTICLE 5

Limitation of Liability and Disclaimer

THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. SPECIFICALLY, Star2Star DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Star2Star, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF Star2Star WAS ADVISED OF THE POSSIBILITY OF SUCH.

ARTICLE 6

Indemnification

You agree to defend, indemnify and hold Star2Star and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by You or users of your account or related to any violation of these Terms and Conditions by You or users of Your account.

ARTICLE 7

Product Availability

The availability of the products described on the Website, and the product descriptions, may vary from country to country. You should consult the applicable Star2Star affiliate or authorized distributor for availability of specific products in Your area.

ARTICLE 8

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website.  You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.

ARTICLE 9

Assignment

The Terms and Conditions may not be assigned or transferred by User without the prior written consent of Star2Star. Star2Star may assign the Terms and Conditions to any affiliate or third party in part or in whole.  All rights of enforcement in these Terms and Conditions may be enforced by the Successors, Agents and Assigns of Star2Star.

ARTICLE 10

Notices

All notices under these Terms and Conditions will be given only in writing to Star2Star at 600 Tallevast Rd, Suite 202 Sarasota, FL 34243 and to You at the addresses You provided when registering for the Website. Each party may change its notification address, by giving reasonable written notice of the change to the other party in accordance with these provisions.

ARTICLE 11

Jurisdiction

11.1	Except as otherwise expressly provided, the laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions and the other Website policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement.  Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Conditions and the other Website policies shall be brought solely in the proper court of general jurisdiction in the State of Florida.

11.2	The failure of Star2Star to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

ARTICLE 12

Data Privacy

12.1	You and Star2Star agree that Star2Star shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same).

12.2	Star2Star takes reasonable and appropriate measures, including encryption, to ensure that Your personal information is disclosed only to those specified by You. However, the Internet is an open system and we cannot and do not guarantee that the personal information You have entered will not be intercepted by others and decrypted. Star2Star has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located at www.star2star.com.

12.3	Portions of this Site may be hosted by a third party hosting company (the "Host").  To our knowledge, the Host has implemented generally accepted standards of technology and operational security in order to protect Your personal information from loss, misuse, alteration, or destruction.  Only authorized personnel are provided access to personal information, and these employees are required to treat this information as confidential.  If the Host is required to store identifying information, Star2Star has determined, and the Host has certified, that the Host has a written security policy that complies with generally accepted standards of technology and operational security.  Despite these precautions, however, Star2Star cannot guarantee that unauthorized persons will not obtain access to your personal information or that your data will not be lost, altered or destroyed by the Host.

12.4	WHEN YOU SUBMIT PERSONAL DATA TO Star2Star ON THE WEBSITE OR WHEN REGISTERING FOR THE WEBSITE, Star2Star MAY TRANSFER AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO Star2Star.

12.5	BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE AGREEING THAT Star2Star MAY SHARE YOUR PERSONAL DATA AND OTHER INFORMATION (WITH THE EXCEPTION OF ACCOUNT, CREDIT CARD AND ORDERING INFORMATION) WITH THIRD PARTIES IN CASES WHERE Star2Star BELIEVES YOUR BUSINESS INTERESTS WILL BE SERVED. IF YOU DO NOT APPROVE OF Star2Star SHARING YOUR PERSONAL DATA AND OTHER INFORMATION IN SUCH A FASHION, DO NOT AGREE TO THESE TERMS AND CONDITIONS.

ARTICLE 13

Links from and to this Website

The Website may contain links and pointers to other Internet websites and/or content and links to and from the Website to other websites maintained by us or by third parties.  Star2Star provides hyperlinks to third party websites only for convenience.  These links do not constitute an endorsement by Star2Star of any third party content.  User agrees that Star2Star is not responsible for any content, services and/or products provided by any third party website.  When User accesses any third party website through a hyperlink posted on the Website, User acknowledges that it does so only under any terms and conditions of use and other policies of such third party website. Star2Star's Terms and Conditions and other policies do not apply to any third party website.

Information in the many web pages that are linked to Star2Star's Website comes from a variety of sources. Star2Star does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Star2Star shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

ARTICLE 14

Digital Millennium Copyright Act

Star2Star will terminate the privileges of a User who uses the Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.  In particular, a User who submits content to Star2Star, whether text, photos, video, images, stories, software or other copyrightable material must ensure that the content uploaded does not infringe the copyrights of third parties.

If You believe that Your copyright has been infringed through material posted at the Website, please contact Star2Star at: support@star2star.com or mail/fax at:

Star2Star Communications - Copyright Policy

600 Tallevast Rd, Suite 202

Sarasota, FL 34243

Phone: 941.234.0001

Fax: 941.684.2001

Email: info@star2star.com

You may also access contact information for Star2Star's Registered Digital Millennium Copyright Act (DMCA) Agent via the United States Copyright Office's website here: http://www.copyright.gov/

Once notice is given to Star2Star, or in circumstances where Star2Star discovers the infringing material itself, Star2Star shall expeditiously remove, or disable access to, the material on the Website.  Star2Star shall then notify the poster of the removal via the information provided to Star2Star by the poster. The poster may then provide a notice pursuant to the DMCA to Star2Star that the material has been wrongly removed.  If the objector provides a proper "counter-notice" claiming that the material does not infringe copyrights, Star2Star shall promptly notify the poster of the objection.  If the alleged copyright owner does not bring a lawsuit in district court within 14 days, Star2Star will then restore the material to its location.  If it is determined that the copyright holder misrepresented its claim regarding the allegedly infringing material, the copyright holder then shall be liable to Star2Star for any damages that resulted from the improper removal of the material.

Communications Decency Act of 1996 ?230 Disclosure

Section 230 of The Communications Decency Act of 1996 ("CDA") provides immunity to Internet Service Providers and Internet Content Providers. The CDA provides immunity from liability for providers of an "interactive computer service" who publish information provided by others:  No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(1).

The CDA provides this Website with protection from statements made by people who post comments on our Website. Users are held accountable under the law for information content they write and are responsible for respecting the copyrights of others.

The Website will not be held liable for things such as federal civil rights violations, state law crimes, or common-law torts like defamation or invasion of privacy, for publishing that information on its site.

Star2Star will not provide You with any information concerning any individual who has posted information other than what that individual has voluntarily provided pursuant to his or her post.  However, Star2Star will comply with any validly issued subpoenas or court orders properly served on it.

ARTICLE 15

Miscellaneous Terms

If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force to the extent permitted by law.  Any failure by Star2Star to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.

Portions of this software:

This software is based in part on the work of the Independent JPEG Group.

Assets used under Creative Commons Licenses:

undersea.wav, keyboard.wav, bounce.wav, phaser.wav and happy.wav released by kizilsungur (http://www.freesound.org/people/KIZILSUNGUR/) under a CC0 1.0 (http://creativecommons.org/publicdomain/zero/1.0/) license

space.wav, chime.wav and doorbell.wav released by cameronmusic (http://www.freesound.org/people/cameronmusic/) under a CC3 (http://creativecommons.org/licenses/by/3.0/) attribution license

bottle.wav released by kyster (http://www.freesound.org/people/Kyster/) under a CC3 (http://creativecommons.org/licenses/by/3.0/) attribution license

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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