ATTENTION: PLEASE CAREFULLY READ THESE TERMS AND CONDTIONS OF USE. YOUR USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE (COLLECTIVELY, “TERMS OF USE”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SOFTWARE. These Terms of Use are a legal agreement between you (referred to herein as “You,” “Your,” or “User”) and Star2Star Communications, LLC (“Star2Star”). If You are an individual, You represent and warrant to Star2Star that You are using the Software as a representative of Your company and You have all necessary authority to bind Your company to these Terms of Use.
Be sure to carefully read and understand all of the rights and restrictions delineated in these Terms of Use. Registration of the Software is required for its use. Your registration will be rejected unless or until You accept these Terms of Use. Your access to, and use of, the Star2Star application for which You are registering, including any updates or changes to that application (collectively, “Software”) is subject to, and governed by, these Terms of Use. By clicking the “Accept” button below, You are consenting to be bound by these Terms of Use.
Star2Star may update these Terms of Use at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms of Use as updates are binding on You. You may be required to agree to such amended Terms of Use as a condition to Your continued use of the Software.
You are responsible for the security of Your login ID and password (“Your Identification”) to access or use the Software. You agree that any person using Your Identification will be treated by Star2Star as having been authorized by You to access Your information as may be available through the use of the Software, 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 or entity using Your Identification, with or without Your consent.
2.1 You agree that You are responsible for Your own use of the Software and for any consequences thereof. You agree that You will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations.
2.2 You acknowledge and agree that Star2Star may a) terminate the license granted by these Terms of Use, b) terminate Your Identification and/or c) deny you access to all or part of the Software without prior notice if you engage in any conduct or activities that Star2Star, in its sole discretion, believes violate any of these Terms of Use, violates the rights of Star2Star or is otherwise inappropriate for continued use of the Software.
2.3 Do not use another person’s login ID and password to access the Software.
2.4 Do not use the Software to engage in illegal activities or to promote dangerous or illegal activities.
2.5 Do not use the Software to create content that transmits computer viruses, malware, adware, spyware, Trojan horse, worms or other harmful component of reproductive or non-reproductive nature.
3.1 Star2Star considers Your Identification and information that may be entered by You in connection with the registration or use of the Software and not otherwise generally available to the public to be confidential and proprietary (“User Confidential Information”).
3.2 Star2Star agrees to restrict disclosure of such User Confidential Information to employees, contractors and other representatives with a clear need to know as needed to operate, maintain or update the Software and to advise such employees, contractors and other representatives of the existence of these Terms of Use and the obligations of Star2Star towards User Confidential Information.
3.3 Star2Star may receive from You, or may itself generate (based upon other information received from You), information and data related to Your use of the Software. Such information may include names, dates, times, the manner in which You use the Software, other software in use, OS version, hardware information and similar confidential data. You hereby consent to Star2Star collecting, holding, using, communicating and/or disclosing such information (exclusive of User Confidential Information) as needed for the functioning and upgrading of the Software.
4.1 Except as otherwise explicitly stated, Star2Star is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Software, and is the copyright owner or licensee of the content and/or information produced by the Software, including but not limited to, any screen graphics produced by the Software. You may not download and/or save a copy of any of the screen graphics except as otherwise provided in these Terms of Use for any purpose other than those stated in these Terms of Use. If You make other use or attempt to make use of the Software, except as provided herein, including the copying or permitting the copying of the Software, You may be in violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to certain damages and/or penalties. You may copy any documentation provided with the Software solely for the purpose of facilitating Your use of the Software in accordance with, and subject to, these Terms of Use. You agree not to remove any identification, copyright notices, or other notices or proprietary restrictions from the Software or documentation. Star2Star does not grant any license or other use authorization to any individual or entity of any Star2Star Trademarks by making them a part of the Software.
4.2 “Star2Star Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Star2Star uses in connection with its products and services. You agree to comply with the Star2Star Trademark and Logo Usage Policy located at http://www.Star2Star.com/legal/Trademark_Policy. You may not remove or alter any Star2Star Trademarks, or co-brand your own Software or material with Star2Star Trademarks, without Star2Star’s prior written consent. You acknowledge Star2Star's rights in Star2Star Trademarks and agree that any use of Star2Star Trademarks by You shall inure to Star2Star's sole benefit. You agree not to incorporate any Star2Star Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related software, services or technologies.
4.3 You acknowledge that the Software, including all source and/or object code and all parts and aspects thereof, and any updates, modifications, translations, localizations, or other derivative works thereof, in whatever form, whether or not marked as confidential, all documentation materials provided with or related to the Software (collectively, the “Proprietary Information”), are the valuable proprietary and trade secret information belonging to Star2Star and/or its licensors and suppliers. No right or license is granted to You by these Terms of Use in the Proprietary Information except as explicitly herein stated. All rights not expressly granted herein are reserved by Star2Star.
4.4 You acknowledge that in the event of a breach or threat of breach of this Section 4, Star2Star will suffer irreparable harm for which money damages will not be adequate. Therefore, in addition to any other legal or equitable remedies, Star2Star shall be entitled to seek injunctive or similar equitable relief against such breach or threat of breach without bond or if bond is required, minimal bond.
4.5 The provisions of this Article 4 shall survive the termination, cancellation or breach of these Terms of Use.
5.1 EXCEPT as expressly set forth in thESE TERMS OF USE, STAR2STAR DOES NOT PROVIDE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS, express or implied, statutory or otherwise, RELATING TO THE SOFTWARE PROVIDED UNDER THESE TERMS OF USE. THE SOFTWARE IS PROVIDED TO YOU “AS IS.” Star2Star SPECIFICALLY DISCLAIMS ALL warrantIES of any kind, express or implied, statutory or otherwise. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL other IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, any IMPLIED WARRANTy OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE WAS KNOWN OR MADE KNOWN TO Star2Star), title AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWAREPROVIDED under thESE TERMS OF USE. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to You.
5.2 User acknowledges that the Software is not fault tolerant and has not been designed or intended for use in hazardous environments requiring fail-safe performance (including, without limitation, the design, construction, operation or maintenance of any nuclear facility; direct life support machines; weapon systems; or control of aircraft, air traffic, aircraft navigation or aircraft communications), in which the failure of the Software could lead directly or indirectly to death, serious personal injury or severe physical or environmental damage. Without limiting the scope of the disclaimers set forth herein, Star2Star for itself and on behalf of its licensors and their respective suppliers disclaims any express or implied warranty of fitness for any such high risk uses.
5.3 IN NO EVENT WILL STAR2STAR, ITS LICENSORS AND/OR ITS OR THEIR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING THE SOFTWARE OR ANY PORTION THEREOF, OR ANY SERVICES RELATING THERETO. IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL STAR2STAR, ITS LICENSORS, AND/OR ITS OR THEIR SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY SERVICES, EVEN IF STAR2STAR, ITS LICENSORS AND/OR ANY OF THEIR RESPECTIVE SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. IN THE EVENT THAT SUCH EXCLUSION OR LIMITATION IS NOT APPLICABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF STAR2STAR, IF ANY, FOR DAMAGES SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY YOU TO STAR2STAR FOR THE SOFTWARE.
5.4 EACH DISCLAIMER, EXCLUSION OR LIMITATION IN THIS ARTICLE 5 IS INTENDED TO BE A SEPARATE AND THEREFORE SEVERABLE EXCLUSION.
You agree to immediately defend, indemnify and hold harmless Star2Star and Star2Star’s licensors and their suppliers from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Software, the use of the Software by others with your consent, the use of the Software by others using Your Identification or related to any violation of these Terms of Use by You or users of Your Identification.
7.1 The license granted by these Terms of Use is personal to You. You may not transfer, assign or otherwise convey the license or the Software, in whole or in part, by operation of law, merger or otherwise, to any other party, including any parent, subsidiary or affiliated entity. For purposes of these Terms of Use, a Change of Control of User shall constitute an unlawful assignment hereunder. A “Change of Control” shall include, but not be limited to, any merger, consolidation, reorganization or sale, transfer or exchange of the capital stock or equity interests of User in a transaction or series of transactions which results in the holders of User’s capital stock or equity interests holding less than 50% of the outstanding capital stock or equity interests immediately following such transaction(s).
7.2 By accepting these Terms of Use, You acknowledge and agree that You have no right to assign or transfer the license granted to access or use the Software or any other rights You may have without the prior written consent of Star2Star, which consent may be withheld or conditioned, in Star2Star’s sole and absolute discretion. Star2Star may freely assign or transfer, in whole or in part, to any affiliate or third party, any of its rights or delegate its obligations under these Terms of Use, by Change of Control or otherwise, with or without notice. All rights of enforcement in these Terms of Use may be enforced by the successors, agents and assigns of Star2Star.
8.1 The export and re-export of the Software is controlled by the United States Export Administration Regulations (“Regulations”). Those Regulations prohibit the exporting or re-exporting of the Software to certain countries, including Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods (“Prohibited Countries”). In addition, Star2Star software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals (“Prohibited Individuals”).
8.2 By downloading or using the Software, You are certifying that you are not a national of a Prohibited Country and that you are not a Prohibited Individual.
8.3 No content from the Software may be downloaded or otherwise exported in violation of the Regulations or any other local law from where You may be using the Software. You agree to comply with all United States and foreign federal, state, and local laws and regulations applicable to the use of the Software.
9.1 Star2Star has the right, but not the duty, to terminate or suspend Your right to use the Software, 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 use the Software from locations where governing law provides that the content or use of the Software is illegal. You choose to use the Software on Your own initiative, and it is Your responsibility to ensure that You conform to all laws governing the locality in which the Software is being used.
9.2 Star2Star may terminate the license granted to You by these Terms of Use by written notice at any time if You default in any payment due Star2Star for the Software or the performance of any provision of these Terms of Use (other than payment) and fail to cure such default to the satisfaction of Star2Star within ten (10) days after such notice. This remedy shall not be exclusive and shall be in addition to any other remedies which Star2Star may have under these Terms of Use or otherwise.
9.3 Any purported transfer or assignment by You of the license granted by these Terms of Use or any purported transfer or assignment of these Terms of Use or the license granted hereunder as a result of Your bankruptcy, insolvency, or liquidation or as a result of an assignment of Your assets for the benefit of creditors shall be void and the license granted hereunder shall thereupon automatically terminate without further notice or action by Star2Star.
9.4 Within ten (10) days of the date of expiration or termination of the license granted by these Terms of Use and/or any of the licenses granted hereunder, You agree to uninstall the Software from your computer, and not attempt to use in any manner.
10.1 All notices under these Terms of Use will be given only in writing to Star2Star at 600 Tallevast Road, Suite 202, Sarasota, FL 34243, Attention Legal Department and to You at the address You provided when activating the Software or becoming a customer of Star2Star. You may change Your notification address, by giving reasonable written notice of the change to Star2Star. Star2Star may change its notification address by providing written notice to you, by posting it on its website (www.star2star.com/contact-us) or in Updates to the Software or to these Terms of Use.
10.2 Unless You agree to the following terms, Star2Star asks that you not send us feedback or unsolicited submissions such as, but not limited to, ideas for products or services, improving the Software, marketing Star2Star and its Software, and/or enhancing the Software’s performance (“Submissions”). In the event that You send us Submissions, your Submissions shall automatically become the property of Star2Star. Except for those portions of Submissions containing personal information restricted by our Privacy Policy, Star2Star shall have the right to use the Submissions in any manner and in its sole discretion. Star2Star shall not nor shall it be required to compensate You for any content or idea expressed in any Submission.
11.1 By accepting these Terms of Use You are acknowledging that the contract formed by Your acceptance takes place in Florida. Except as otherwise expressly provided, the laws of the state of Florida (without giving effect to its conflicts of law principles and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal, state, local or foreign laws, regulations or conventions) govern all matters arising out of or relating to these Terms of Use and/or the Software, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms of Use and/or the Software shall be brought solely in the Twelfth Judicial Circuit in and for Sarasota County, Florida, or the United States District Court for the Middle District of Florida. User hereby irrevocably: a. agrees that such courts shall have exclusive jurisdiction over such actions or proceedings; b. waives the defense that such venue is an inconvenient forum to the maintenance and continuation of such action or proceeding; c. consents to the service of any and all process in any such action or proceeding by the mailing of copies (certified mail, return receipt requested and postage prepaid) of such process to User at User’s address specified in Section 10; and d. waives any right or authority for any claims to be litigated on a class action or consolidated basis or on basis involving claims brought in a purported representative capacity on behalf of other users, or other persons similarly situated or the general public (including, but not limited to, as a private attorney general).
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 User Confidential Information is disclosed only to those specified by You, as permitted by these Terms of User or by Star2Star’s Privacy Policy. However, the Internet is an open system and Star2Star cannot and does not guarantee that User Confidential Information will not be intercepted by others and decrypted. Star2Star has established a privacy policy to explain to You, and other users, how User Confidential Information is collected and used. This privacy policy is located at www.Star2Star.com/privacypolicy. By accepting these Terms of Use, You acknowledge that Star2Star’s privacy policy is part of these Terms of Use. Star2Star may update its privacy policy from time to time without specific notice to You and such updates shall be binding on You.
12.3 Portions of this Site may be hosted by a third party hosting company (the “Host”). To Star2Star’s knowledge, the Host has implemented generally accepted standards of technology and operational security in order to protect User Confidential Information from loss, misuse, alteration, or destruction. Only authorized personnel are provided access to User Confidential Information, and these employees are required to treat User Confidential Information as confidential. If the Host is required to store User Confidential 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, Star2Star does not guarantee that unauthorized persons will not obtain access to User Confidential Information or that your User Confidential Information will not be lost, altered or destroyed by the Host.
12.4 WHEN YOU SUBMIT USER CONFIDENTIAL INFORMATION TO STAR2STAR WHILE USING THE SOFTWARE OR WHEN REGISTERING FOR THE SOFTWARE, STAR2STAR MAY TRANSFER AND/OR RETAIN SUCH USER CONFIDENTIAL INFORMATION TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH USER CONFIDENTIAL INFORMATION 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 USER CONFIDENTIAL INFORMATION TO STAR2STAR.
13.1 The Software may contain links and pointers to Internet websites and/or content and links to and from the Software to websites maintained by Star2Star 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 software provided by any third party or accessed by or from any third party websites. When User accesses any third party website through a hyperlink contained in the Software, User acknowledges that it does so only under any Terms of Use or other policies of such third party website. Star2Star’s Terms of Use and other policies do not apply to any third party website.
13.2 Information in the many web pages that are linked to Star2Star 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.
14.1 Star2Star will terminate the privileges of a User who unlawfully uses the Software to transmit copyrighted material without 1) a license, 2) express consent, 3) valid defense or 4) 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 submitted does not infringe the copyrights of third parties.
14.2 If you believe that your copyright has been infringed, please contact Star2Star at: support@star2star.com or mail to: Star2Star Communications, LLC, Attention Legal Department, 600 Tallevast Road, Suite 202, Sarasota, FL 34243 or fax to 941-684-2001. 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/.
14.3 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. 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.
14.4 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).
14.5 The CDA provides Star2Star with protection from statements made by people who post comments on Star2Star’s website. Users are held accountable under the CDA for information content they write and are individually responsible for respecting the copyrights of others.
14.6 Star2Star cannot 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.
14.7 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.
15.1 THIS AGREEMENT, INCLUDING ANY EXHIBITS AND ANY UPDATES AND/OR ADDENDUM(S), CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE AND SUPERSEDES ANY OTHER AGREEMENT, PROMISE, PROPOSAL, COMMUNICATION OR ADVERTISING, ORAL OR WRITTEN, SIGNED OR UNSIGNED, WITH RESPECT TO THE SOFTWARE. To the extent there are any terms or conditions contained in User’s purchase order or other documentation supplied by User, such terms or conditions are hereby superseded by these Terms of Use which shall govern in all instances.
15.2 The failure of Star2Star to timely exercise or enforce any right or provision contained in these Terms of Use or any other right shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. If not able to give effect then the offending provision should be struck and balance of these Terms of Use shall be interpreted as if the offending provision was not part of these Terms of Use.
15.3 Portions of this software:
Copyright (c) 2006 Andy Matuschak.
Awesomium Copyright (c) 2010 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC.
Copyright (c) 2008. The Chromium Authors. All rights reserved.
Copyright (c) 1995-2009 International Business Machines Corporation and others. All rights reserved.
This software is based in part on the work of the Independent JPEG Group.
This software is copyright (c) 1991-1998, Thomas G. Lane. All Rights Reserved except as specified.
Copyright (c) 2000-2002 Glenn Randers-Pehrson.
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.