PLEASE READ THESE TERMS OF SERVICE (THE "AGREEMENT" OR THE "TERMS OF SERVICE" OR THE “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY STARSHOP, LLC ("STARSHOP " OR THE "COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR ANY AND ALL USE OF THE WEBSITE AT StarShop.com, our mobile application and ALL OTHER SITES OWNED AND OPERATED BY STARSHOP THAT REDIRECT TO StarShop.com, AND ALL SUBDOMAINS (COLLECTIVELY, THE "SITE"), AND THE SERVICE OWNED AND OPERATED BY THE COMPANY (TOGETHER WITH THE SITE AND MOBILE APPLICATION, THE “SERVICE” OR "SERVICES"). BY USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING AND BROWSING THE SITE, DOWNLOADING, VISITING AND BROWSING THE MOBILE APPLICATION, MAKING PURCHASES, CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO THESE TERMS AND TO BE BOUND BY THIS AGREEMENT
Welcome to StarShop.com. StarShop LLC and/or its affiliates and third party product suppliers/merchants and celebrity and non-celebrity endorsers ("StarShop") provide mobile applications and websites around the world and other products and services to you when you visit or shop at StarShop.com, use StarShop products or services, use StarShop mobile applications, or use software provided by StarShop in connection with any of the foregoing. StarShop provides the Services subject to the following conditions.
By using StarShop Services, you agree to these terms of service. Please read them carefully. StarShop reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, StarShop grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
When you use any StarShop Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including SMS, MMS, e-mails, push notifications and other forms of electronic messages. We may communicate with you by e-mail or by posting notices on this site or through the other StarShop Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and you consent to receive all such communications.
The StarShop Services may include certain services that are available to you via your mobile phone or other mobile device including the ability to use your mobile device to place orders, make purchases, receive and reply to messages from StarShop, and access certain other features of the StarShop Services. Although StarShop does not charge you for these mobile services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the mobile services. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your mobile carrier, and not all mobile services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the mobile services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the mobile services, and how much they will cost you. By using the mobile services, you agree that StarShop may communicate with you by SMS, MMS, push notifications or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to StarShop. In the event you change or deactivate your mobile telephone number, you agree promptly to update your account information to ensure that the messages StarShop intends to send to you are not sent to another person who acquires your former mobile telephone number. The number of SMS, MMS, push notifications or other electronic messages you will receive will vary based on your selections and the frequency that you place orders via StarShop.
All content included in or made available through any StarShop Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of StarShop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any StarShop Services or Site is the exclusive property of StarShop and protected by U.S. and international copyright laws.
Graphics, logos, certain text, page headers, button icons, scripts, and service names included in or made available through any StarShop Service are trademarks or trade dress of StarShop in the U.S. and other countries. StarShop's trademarks and trade dress may not be used in connection with any product or service that is not StarShop's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits StarShop. All other trademarks not owned by StarShop that appear in any StarShop Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StarShop. These trademarks also may not be used in connection with any product or service that is not StarShop's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits StarShop.
One or more patents may be owned by StarShop and apply to the StarShop Services and to the features and services accessible via the StarShop Services. Portions of the StarShop Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Service, StarShop or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the StarShop Services. This license does not include any resale or commercial use of any StarShop Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any StarShop Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by StarShop or its licensors, suppliers, publishers, rightsholders, or other content providers. No StarShop Service, nor any part of any StarShop Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of StarShop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StarShop without express written consent. You may not use any meta tags or any other "hidden text" utilizing StarShop's name or trademarks without the express written consent of StarShop. You may not misuse the StarShop Services. You may use the StarShop Services only as permitted by law. The licenses granted by StarShop terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. StarShop reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any StarShop server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of StarShop, including any StarShop account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or StarShop’s systems or networks, or any systems or networks connected to the Site or to StarShop.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to StarShop on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of or others.
VIOLATION OF THESE TERMS OF SERVICE
StarShop may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) StarShop’s rights or property, or the rights or property of visitors to or users of the Site, including StarShop’s customers, vendors and affiliated celebrities. StarShop reserves the right at all times to disclose any information that StarShop deems necessary to comply with any applicable law, regulation, legal process or governmental request. StarShop also may disclose your information when StarShop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that StarShop may preserve any transmittal or communication by you with StarShop through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or StarShop determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of StarShop, its employees, users of or visitors to the Site, and the public.
You agree that StarShop may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to StarShop, for which monetary damages would be inadequate, and you consent to StarShop obtaining any injunctive or equitable relief that StarShop deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies StarShop may have at law or in equity.
You agree that StarShop may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If StarShop does take any legal action against you as a result of your violation of these Terms of Service, StarShop will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to StarShop. You agree that StarShop will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.
If you use any StarShop Service, you are 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.
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify StarShop immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by StarShop or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. StarShop cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Alcohol listings, if any, on StarShop are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. StarShop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At times, StarShop may allow visitors may post reviews, comments, photos, and other content; send communications; 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 any content. StarShop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant StarShop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant StarShop and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify StarShop for all claims resulting from content you supply. StarShop has the right but not the obligation to monitor and edit or remove any activity or content. StarShop takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from StarShop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our third party supplier’s delivery to the carrier.
StarShop attempts to be as accurate as possible in all product descriptions. However, StarShop does not warrant that product descriptions or other content of any StarShop Service is accurate, complete, reliable, current, or error-free. If a product offered by StarShop itself is not as described, your sole remedy is to return it in unused condition subject to the terms of our Return Policy above.
If you have a dispute with StarShop or one or more of our third party product suppliers/merchants and/or celebrity and non-celebrity endorsers, you release StarShop (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any and all 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 disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope and/or coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold StarShop (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of StarShop 's Services or your breach of any law or the rights of a third party.
Except where noted otherwise, price displayed for products on any StarShop Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. Where an item is offered for sale by one of our vendors, the price may be provided by the vendor.
With respect to items sold by StarShop, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by StarShop is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Some vendors may follow different policies in the event of a mispriced item.
STARSHOP SOFTWARE TERMS
In addition to these Terms of Service, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with StarShop Services (the "StarShop Software").
Parties other than StarShop may operate stores, provide services, or sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. StarShop does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
STARSHOP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE STARSHOP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARSHOP SERVICES ARE PROVIDED BY STARSHOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STARSHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STARSHOP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARSHOP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STARSHOP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STARSHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARSHOP DOES NOT WARRANT THAT THE STARSHOP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARSHOP SERVICES, STARSHOP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM STARSHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STARSHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY STARSHOP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY STARSHOP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any StarShop Services, or to any products or services sold or distributed by StarShop or through StarShop.com will be resolved by binding arbitration, rather than in court. Any and all arbitrations shall take place only in the state of Florida, and Florida law shall apply to any dispute. Any and all arbitration proceedings chall take place in Hillsborough County, Florida, whee exclusive venue and jurisdiction shall apply.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent (Insert name & address here). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. StarShop will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on this web site or mobile application, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and StarShop with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and StarShop with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with StarShop, StarShop will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. StarShop’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by StarShop of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between StarShop and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
StarShop provides access to StarShop international data and, therefore, may contain references or cross references to StarShop products, programs and services that are not announced in your country. Such reference does not imply that StarShop in your country intends to announce such products, programs or services.
By using any StarShop Service, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and StarShop.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of StarShop Services. We reserve the right to make changes to our site, policies Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CITY STATE ZIP
How to Serve a Subpoena
If you have a subpoena to serve on StarShop, please note that StarShop does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on StarShop.com, preferably by mailing the subpoena to (Insert name) StarShop's national registered agent.
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for AWS information.
Use of the StarShop Software.
You may use StarShop Software solely for purposes of enabling you to use and enjoy the StarShop Services as provided by StarShop, and as permitted by the Terms of Service, these Software Terms and any Service Terms. You may not incorporate any portion of the StarShop Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the StarShop Software or otherwise assign any rights to the StarShop Software in whole or in part. You may not use the StarShop Software for any illegal purpose. We may cease providing any StarShop Software and we may terminate your right to use any StarShop Software at any time. Your rights to use the StarShop Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain StarShop Software that are specifically identified in related documentation may apply to that StarShop Software (or software incorporated with the StarShop Software) and will govern the use of such software in the event of a conflict with these Terms of Service. All software used in any StarShop Service is the property of StarShop or its software suppliers and protected by United States and international copyright laws.
Use of Third Party Services
No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the StarShop Software, whether in whole or in part, or create any derivative works from or of the StarShop Software.
In order to keep the StarShop Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
You agree not to engage in any of the following prohibited activities:
· copying, distributing, or disclosing any part of the StarShop Services or StarShop Software, in any medium, including without limitation by any automated or non-automated “scraping” (other than as expressly permitted by the functionality of the service);
· using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the StarShop Services or StarShop Software in a manner that sends more request messages to the StarShop servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that StarShop grants the operators of public search engines revocable permission to use spiders to copy materials from the StarShop Services or StarShop Software for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials);
· transmitting spam, chain letters, or other unsolicited email;
· attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the StarShop Services or the StarShop Software;
· taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
· uploading invalid data, viruses, worms, or other software agents through the StarShop Services or StarShop Software;
· collecting or harvesting any personally identifiable information, including account names, from the StarShop Services or StarShop Software (other than as expressly permitted by the functionality of the service);
· using the StarShop Services or StarShop Software for any commercial solicitation purposes;
· impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
· interfering with the proper working of the StarShop Services or StarShop Software;
· bypassing the measures we may use to prevent or restrict access to the StarShop Services or StarShop Software, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the StarShop Services or StarShop Software or the content therein;
· posting nude, partially nude, or any sexually suggestive photos;
· use the StarShop Services or StarShop Software for any illegal activity whatsoever; or
· modify, adapt or hack our StarShop Services or StarShop Software or modify another website so as to falsely imply that it is associated with the StarShop Services or StarShop Software.
StarShop respects celebrity, artist, retailer, vendor and content owner rights. Hence, StarShop has adopted a policy to respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the StarShop Services or StarShop Software, please notify StarShop’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
· Identification of the work or material being infringed.
· Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that StarShop is capable of finding and verifying its existence.
· Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
· A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
· A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
· The Notifying Party's physical or electronic signature.
The above information must be submitted to the following DMCA Agent:
StarShop, LLC ℅ Kendall Almerico, DiMuro Ginsberg
1101 King St., Suite 610
Alexandria, VA 22314
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying StarShop and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with StarShop’s rights and obligations under the DMCA, including 17 U.S.C.A. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, StarShop has adopted a policy of terminating, in appropriate circumstances, the accounts of users of our web site and mobile application who are deemed to be repeat infringers. StarShop may also at its sole discretion limit access to the StarShop Services or StarShop Software and/or terminate the accounts of any those who infringe any intellectual property rights of others, whether or not there is any repeat infringement.