Introduction. Welcome to our product (“Service” or “product” or “app”), and any other product or service owned or operated by Starlyware (“Company” or “we” or “us” or “our”) (collectively, the “Starlyware Services”). In order to use Starlyware Services, you must at all times agree to and abide by these terms of use, including any additional guidelines referenced herein, and any future modifications (collectively, these “Terms”). These Terms are a legal contract between you, a user of at least 16 years of age (“you” or “User”), and Starlyware regarding your use of Starlyware Services.
By subscribing to, or registering for Starlyware Services, you agree to be bound by these Terms. These Terms apply even if you use any OAuth services, such as, but not limited to, "Sign in with Google" or "Log in with Facebook".
Although Starlyware is always striving to improve the Service, it is not perfect. While Starlyware make reasonable efforts to ensure the information provided is accurate, Starlyware cannot ensure the accuracy, completeness and reliability of any and all information, data or content on the Service.
Authorized Users. Your access to and use of the Service is subject to all applicable international, national, federal, state and local laws and regulations. You agree that you will not use Starlyware Services in any manner or for any purposes that are unlawful or prohibited by these Terms. The Service is not for persons under the age of 16. If you are under 16 years of age, then please do not use Starlyware Services.
Privacy Policy. Your use of Starlyware Services is governed by the Starlyware privacy policy available at https://www.starlyware.com/privacy (the “Privacy Policy”), which is hereby incorporated by reference into the Terms, and, where required by applicable laws, we will separately ask you to consent to our collection, use and disclosure of any personal information you provided to us in accordance with the Privacy Policy.
Changes. Starlyware may revise this Terms from time to time. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can request the deletion of your account by sending an email to apps@starlyware.com.
Limited License. Subject to the terms and conditions of these Terms, Starlyware hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Service (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.
Ownership; Proprietary Rights. The Service is owned and operated by Starlyware. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Service that are provided by Starlyware (“Starlyware Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Starlyware Materials do not include any User Content (defined below) or content from third party sites, whether the Service provides a link to them or not. All Starlyware Materials contained in Starlyware Services are the copyrighted property of Starlyware or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Starlyware or its affiliates and/or third party licensors. Except as expressly authorized by Starlyware, or allowed by statutory law, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Starlyware Materials.
Restrictions. As a condition of your use of the Service, you will not use Starlyware Services for any purpose that is unlawful or prohibited by these Terms. Access to Starlyware Materials and the Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by User of any of Starlyware Materials other than for private use is prohibited.
You will not use the Service in any manner that could damage, disable, overburden, or impair it or interfere with any other person's use of the Service. You will not take any action that imposes an unreasonable or disproportionately large load on Starlyware's infrastructure. You will not intentionally interfere with or damage the operation of the Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service. You will not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Starlyware Services or any activities conducted on the Service. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of Starlyware Services, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service. You will not utilize framing techniques to enclose any trademark, logo, or other Starlyware Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing Starlyware's name or trademarks without our express written consent.
You will not deep-link to the Service and will promptly remove any links that Starlyware finds objectionable in its sole discretion. You will not use any Starlyware logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the Service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Prohibited Content. You shall not use the Service to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) breaches any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
License to Your Content. You hereby grant Starlyware a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Service (collectively, “Your Content”), in any format or medium now known or later developed for marketing purposes in connection with the services offered by Starlyware; in particular in-App marketing. Starlyware can use Your Content in the App and in Starlyware’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. Starlyware reserves the right to display advertisements and sponsorships in connection with Your Content.
Starlyware has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others' rights and interests. Starlyware has the right to suspend or terminate access to Starlyware Services to any user who uses the Service in breach of copyright law or other intellectual property law.
Intellectual Property Infringement. You confirm that at all times: (i) Your Content does not infringe any third party's intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of Your Content in connection with the Service and Starlyware's use of Your Content pursuant to Section 8(b).
Identity Authentication. Starlyware uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize Starlyware, directly or through third parties, to make any inquiries Starlyware considers necessary to validate your registration.
User Account Information. You agree that the information you provide to Starlyware upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password), you will immediately notify Starlyware. You will be liable for the losses incurred by Starlyware or others due to any unauthorized use of your account.
Communications; Notice. Under these Terms, you consent to receive communications from Starlyware electronically. We will communicate with you by email or by posting notices on the Service. Except as explicitly stated otherwise, any notices which we may send under these Terms will be sent to the email address you provide to Starlyware during the registration process. Except in case a declaration is of special importance (e.g. notice of termination), notices sent by email shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Feedback. You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to Starlyware related to the Service (“Feedback”). Any Feedback shall not be considered your confidential information and may be used by Starlyware for marketing purposes in connection with the Service; in particular in-App marketing. There shall be no obligation to provide compensation for use of Feedback.
Third Party Sites. The Service may include links to other websites or services solely as a convenience to users (“Linked Sites”). Starlyware does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Starlyware makes no express or implied warranties, guarantees or endorsements with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. You agree that Starlyware will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Starlyware may make changes to or discontinue any of the content or services available on the Service at any time, and without notice. The content or services on the Service may be out of date, and Starlyware makes no commitment to update these materials.
User Content. You acknowledge and agree that: (a) Content is provided to you AS IS and that Starlyware is not responsible for examining or evaluating Content created, uploaded, publish or propagate or otherwise made available by end users through the Service (“User Content”); (b) Starlyware does not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using the Service, you may encounter User Content that you deem offensive, indecent, or objectionable and that such User Content may not be labelled as such; and (d) Starlyware has no liability to you for any such User Content.
Termination. You may terminate Your Account at any time, for any reason or for no reason.
For important reasons, such as if we stop providing the Service to our customers generally, Starlyware may suspend or terminate your account or your use of Service at any time. Starlyware may also block your access, if (a) you breach these Terms or any applicable laws; (b) Starlyware is unable to verify or authenticate any information you provide to us; or (c) Starlyware reasonably believes that your actions may cause financial loss or legal liability for you, our Users or Starlyware. We also reserve the right to take further legal action against you based on you breach of these Terms or any other obligations you have towards Starlyware under applicable laws.
If Starlyware terminates your right to use, then: (i) all rights granted to you under these Terms shall cease; ii) you must immediately cease all activities authorised by these Terms, including you use of the Service; (iii) you must immediately delete or remove the Service from all devices, and immediately destroy all copies of the Service then in your possession, custody or control.
User may not, in any way, seek compensation from Starlyware and its suppliers for damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to (a) anything related to the App, services, content (including code) on Linked Sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Starlyware knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
Starlyware has no obligation to you and is not liable for restoring User Content if it is damaged or lost. You are obliged to back-up data on a regular basis according to the state of the art.
We only supply Service for domestic and private use. You agree not to use Starlyware Services, or any content on Service, for any commercial or business purposes.
The Service is only for your general information and is for recreational use. In particular, the Service does not constitute any form of advice, recommendation or arrangement by Starlyware and is not intended to be relied upon by you in making (or re-fraining from making) any specific decisions.
The Service may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Service.
Applicable law. This contract is governed by the laws in force in the licensee's country of residence.
Miscellaneous.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. Each of the clauses of this Terms of Use operates separately. If any provision of these Terms is decided by any court or relevant regulatory authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (which shall remain in full force and effect).
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Starlyware without restriction.
Survival. Sections 6, 8(b), 10, 11, 13, 16, 17 and 18 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms are the entire agreement between you and Starlyware relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Starlyware as set forth in Section 4.
Queries. You may contact us at the e-mail address below with any questions, complaints or claims regarding the Service:
Email: apps@starlyware.com