1. The Site
"The Site" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service which are owned, operated and/or offered by StarVista LIVE, LLC and/or its affiliates (collectively "StarVista ") including this shop.starvistalive.com site.
3. Modifications to the Site.
StarVista shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, hours of availability, and equipment needed for access or use.
4. Copyrights, Trademarks and Other Proprietary Rights.
All content on the Site, including text, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and StarVista owns the copyright in the selection, coordination, arrangement and enhancement of such content. Each third party content provider owns the copyright in content original to it.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, StarVista and/or affiliated companies.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of StarVista and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
StarVista has carefully designed the Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Site in any way that interferes with that purpose. In particular, StarVista prohibits any party from displaying the content on the Site in any format where third party advertising or other materials that StarVista did not authorize is viewed or viewable together with StarVista's proprietary content.
The foregoing provisions of this Section 4 are for the benefit of StarVista , its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
5. Communications to the Site.
You hereby grant to StarVista a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by email, posting, uploading or otherwise.
6. Users Over 13
This Site is intended for use by individuals over the age of 13.
7. Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by StarVista or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, harmful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others (v) contain a virus or other harmful component; (vi) contain advertising of any kind; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; (xi) constitutes unsolicited or unauthorized solicitations, promotional materials or "junk mail"; or (xii) StarVista , in its sole direction, otherwise determines to be offensive. StarVista reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing StarVista to disclose the identity of, help identify, or locate anyone transmitting any such content.
8. Monitoring; Copyright Complaints.
StarVista may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify StarVista by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- 1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StarVista to locate the material;
- 4. Information reasonably sufficient to permit StarVista to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to the following address:Regular Mail
StarVista LIVE, LLC
8260 Willow Oaks Corporate Drive, Suite 500
Fairfax, VA 22031
Attn: Elienne Anoriscat Email
email@example.com OR Fax to:
Attn: Elienne Anoriscat
If you wish to send us a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, the notification must have the following:
- 1. Detailed identification of the material, with enough information to locate the material.
- 2. Information to allow StarVista to contact you directly [(Email address is preferred.)]
- 3. A statement made, under penalty of perjury, that you in good faith believe that the use of the material in question was identified as a copyright violation as a result of mistake or misidentification, including detailed reasons of why you believe this;
- 4. An electronic or physical signature (your full legal name), address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if you are located outside the United States, for the Federal District Court located in Alexandria, Virginia, and that you will accept service of process from the person or agent of such person who provided the initial notification.
Send the written communication to the following address:Regular Mail
StarVista LIVE, LLC.
8260 Willow Oaks Corporate Drive
Fairfax, VA 22031
Attn: Elienne Anoriscat Email
firstname.lastname@example.org OR Fax to:
Attn: Elienne Anoriscat
9. Your Obligations.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You shall provide StarVista with accurate, complete and updated information about you at the time of registration. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on the Site.
10. Third Party Sites.
The Site contains links to other Web Sites, resources and advertisers. StarVista is not responsible for the availability of these external Sites nor does it endorse or is it responsible for the contents, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall StarVista be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on any such external sites. You should direct any concerns to such external site's administrator or webmaster.
11. Disclaimer of Warranty; Limitation of Liability.
(a) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER STARVISTA NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE.
(b) THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" 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 THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(c) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 11 APPLY 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. YOU SPECIFICALLY ACKNOWLEDGE THAT STARVISTA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(d) IN NO EVENT WILL STARVISTA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISPLAYING, OR DISTRIBUTING THE SITE BE LIABLE TO USERS OF THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT ON THE SITE. STARVISTA ' LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO STARVISTA BY YOU.
(e) STARVISTA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE BY ANYONE OTHER THAN AUTHORIZED STARVISTA EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL STARVISTA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
(f) EXCEPT AS EXPRESSLY STATED HEREIN OR ELSEWHERE ON THE SITE, STARVISTA DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. STARVISTA MAKES PRODUCTS OR SERVICES AVAILABLE ON THE SITE 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 THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN NO EVENT WILL STARVISTA , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE. STARVISTA ' LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO STARVISTA BY YOU.
StarVista shall have the right to immediately terminate this Agreement with respect to any user that StarVista , in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
14. Special Terms and Conditions for Products Offered in a Series.
Certain products offered by StarVista consist of series. The following terms and conditions shall apply in the event that you order any product that is part of a series offered by StarVista on the Site (a "Series"):
- (a) The Series will automatically continue to be sent to you until StarVista receives notification of termination from you. You authorize StarVista to charge to the credit card account designated during the registration process the current fees and charges for each shipment according to the terms of the Series chosen by you. Your credit card will be charged upon shipment.
- (b) StarVista shall have the right at any time to impose, change, or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Series or to impose new terms and conditions. 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 the Site or notification by electronic or conventional mail. If any such change is unacceptable to you, your sole remedy shall be to terminate your subscription to the Series. Any acceptance of a product in a Series by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software, or services.
15. Additional Terms and Conditions for Certain Products.
With respect to products and services offered for sale by StarVista and third parties through the Site (including Series products), additional terms and conditions, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies, and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by StarVista . StarVista reserves the right to reject any order and to limit quantities. StarVista does not warrant that product descriptions, prices, or other content on the Site is accurate, complete, reliable, current, or error free. StarVista has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on the Site is not as described, the sole remedy is to return it for a refund.
16. Governing Law; Forum for Disputes.