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For Privacy Policy information, click here.
1. Definitions.
"starscine.com" is the interactive on-line service operated by Starscine
Pty Ltd ("STARSCINE") on the World Wide Web of the Internet, consisting
of information services and content provided by STARSCINE, affiliates
of STARSCINE and other third parties. "Subscriber" means each person
who establishes or accesses a connection ("Account") for access
to and use of starscine.com.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of Starscine.com, sets forth the terms and conditions
that apply to use of Starscine.com by Subscriber. By using Starscine.com
(other than to read this Agreement for the first time), Subscriber
agrees to comply with all of the terms and conditions hereof. The
right to use Starscine.com is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is responsible
for all use of Subscriber's Account (under any screen name or password)
and for ensuring that all use of Subscriber's Account complies fully
with the provisions of this Agreement. Subscriber shall be responsible
for protecting the confidentiality of Subscriber's password(s),
if any.
(B) STARSCINE shall have the right at any time to change or discontinue
any aspect or feature of Starscine.com, including, but not limited
to, content, hours of availability, and equipment needed for access
or use.
(C) Refunds will be given at the discretion of the Company Management.
3. Changed Terms.
STARSCINE shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of Starscine.com,
or any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited
to, posting on Starscine.com, or by electronic or conventional mail,
or by any other means by which Subscriber obtains notice thereof.
Any use of Starscine.com by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes, modifications
or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of Starscine.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Starscine.com for lawful purposes only.
Subscriber shall not post or transmit through Starscine.com any
material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without STARSCINE's express prior approval,
contains advertising or any solicitation with respect to products
or services. Any conduct by a Subscriber that in STARSCINE's discretion
restricts or inhibits any other Subscriber from using or enjoying
Starscine.com will not be permitted. Subscriber shall not use Starscine.com
to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become subscribers
of other on-line information services competitive with Starscine.com.
(B) Starscine.com contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of Starscine.com are copyrighted as a collective work under
the United States copyright laws. STARSCINE owns a copyright in
the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will
be permitted without the express permission of STARSCINE and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall
be made. Subscriber acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available
on Starscine.com any material protected by copyright, trademark
or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of Starscine.com, Subscriber automatically
grants, or warrants that the owner of such material has expressly
granted STARSCINE the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright
that may exist in such material. Subscriber also permits any other
Subscriber to access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby grants STARSCINE
the right to edit, copy, publish and distribute any material made
available on Starscine.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
STARSCINE, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF STARSCINE.COM IS AT
SUBSCRIBER'S SOLE RISK. NEITHER STARSCINE, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT STARSCINE.COM WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF STARSCINE.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH STARSCINE.COM.
(B) STARSCINE.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) 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. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT STARSCINE IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL STARSCINE, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING STARSCINE.COM OR THE STARSCINE.COM
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE STARSCINE.COM.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON STARSCINE.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, STARSCINE,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN STARSCINE.COM, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, STARSCINE, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
7. Monitoring.
STARSCINE shall have the right, but not the obligation, to monitor the content of Starscine.com, including emails, to determine compliance with this Agreement and any operating rules established by STARSCINE and to satisfy any law, regulation or authorized government request. STARSCINE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through Starscine.com. Without limiting the foregoing, STARSCINE shall have the right to remove any material that STARSCINE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless STARSCINE,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of Starscine.com by Subscriber or Subscriber's
Account.
9. Termination.
Either STARSCINE or Subscriber may terminate this Agreement at any
time. Without limiting the foregoing, STARSCINE shall have the right
to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which STARSCINE, in its sole discretion, considers
to be unacceptable, or in the event of any breach by Subscriber
of this Agreement. The provisions of Sections 5(B), 5(C), 5(D),
6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
STARSCINE , Starscine.com , and each of their logos are trademarks
of STARSCINE. All rights reserved. All other trademarks appearing
on Starscine.com are the property of their respective owners.
11. Miscellaneous.
This Agreement and any operating rules for Starscine.com established
by STARSCINE constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance
with the laws of the State of Victoria, without regard to its conflict
of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import.
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