Term Conditions Page
Terms and Conditions
By using or accessing this website or submitting content to this website, you agree to (1) these Terms and Conditions (“Terms and Conditions”) and the Privacy Policy. These Terms and Conditions apply to all users of this website. If you do not agree to these Terms and Conditions or the Privacy Policy, please do not use this website.
Links
This website will contain links to third-party websites that are not owned by or under our control. We have no affiliation with these websites, cannot control the content, privacy policies, or practices of any third-party websites, and assume no responsibility for them. Furthermore, we do not and cannot review or edit the content of any third-party websites. By using this website, you expressly release us from any and all liability arising from your use of any third-party websites. Therefore, we encourage you to remain vigilant when leaving this website and to read the terms and conditions and privacy policies of every other website you visit.
Website Access
We hereby grant you permission to use this website, provided that: (i) your use of this website is solely for personal, non-commercial purposes; (ii) you may not copy, distribute, or modify any part of this website without our prior written authorization; (iii) you may not send or publish unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iv) you may not transmit any content containing software viruses or other harmful computer code, files, or programs; (v) you may not disrupt the servers or networks connected to this website; and (vi) you comply with these terms and conditions.
To access certain features of this website, you must create an account. You may not use another person's account without permission. When creating an account, you must provide accurate and complete information. You are fully responsible for all activities that occur on your account and must ensure the security of your account password. You must immediately notify Starry Sky Mall if your account experiences any security breach or unauthorized use. You will be liable for any use of your account or password and for any losses suffered by us or others as a result of such unauthorized use. We will not be liable for any losses resulting from any unauthorized use of your account.
You agree not to use or activate any automated systems, including but not limited to “bots,” “spiders,” and “offline readers,” that access the website in a manner that sends more request messages to our servers within a given time period than a human would reasonably generate within the same time period using a traditional online web browser. We grant public search engine operators the right to use spiders to copy material from the website for the sole purpose of creating a publicly searchable index of material. We reserve the right to revoke these exceptions in general or in specific circumstances. You agree not to collect or obtain any personally identifiable information from the website, including account names or email addresses, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit any user-submitted content (as defined below) from the website for commercial purposes.
We have the right to terminate your access to the website immediately at our sole discretion, without cause.
Intellectual Property
The content on the website, including all user-submitted content, including but not limited to text, software, scripts, graphics, photographs, sounds, music, videos, and interactive features (“Content”), and the trademarks, service marks, and logos contained therein (“Trademarks”), are owned or licensed by us. The content on this website is provided to you "as is" for your reference and personal use only, and may not be used for any other purpose, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, decompiled, or otherwise exploited without our prior written consent. We reserve all rights not expressly granted on the website. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with the website's security-related functions or prevent or restrict the use or copying of any content or impose restrictions on the website's functionality.
User Submissions
The website facilitates the submission of games, puzzles, polls, data, or other content ("User Submissions") by you and other users, as well as the hosting and publication of such User Submissions. You understand that we do not guarantee the confidentiality of any User Submissions in connection with us, whether or not they are published. We have the full right to decide whether to accept or reject your User Submission, or to transfer your User Submission from one of our programs to another program or part of the website.
You are solely responsible for your own User Submissions and the consequences of publishing or posting such content. You represent and warrant that: (i) you own or have the necessary rights and licenses to use and authorize us to use all copyright, trademark, or other proprietary rights in any user-submitted content in order to incorporate and use it in accordance with the website and these terms and conditions; and (ii) you have obtained the written consent and/or permission of each identifiable individual in the user-submitted content to use their name or likeness in accordance with the website and these terms and conditions.
You retain all ownership rights to the user-submitted content. However, by submitting user-submitted content to us, you hereby grant us a worldwide, non-exclusive, transferable license, except for any other rights you own under any other scheme developed by us, to use, reproduce, prepare derivative works (including, but not limited to, renaming, editing, shortening, splitting the content or data into different parts, and using the whole or part of the content as part of a compilation), display, and perform user-submitted content in connection with the website and the business of Starry Sky Mall (and its successors), including, but not limited to, allowing third parties to access the website to view user-submitted content (and its derivative works).
You also hereby grant each user of the website or other viewer of user-submitted content a non-exclusive right to use, copy, distribute, display, and resolve such user-submitted content through our systems for non-commercial and personal purposes.
You agree that you will not: (i) submit material protected by copyright, trade secrets, or third-party proprietary rights (including privacy and publicity rights) unless you are the owner of such rights or have obtained permission from their rightful owners to publish user-submitted content and grant us all the license rights granted herein; (ii) publish false or misleading statements that may harm us or any third party; (iii) submit illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material, or material that encourages conduct that is considered criminal, incurs civil liability, violates any law, or is otherwise improper; or (iv) falsely identify yourself or misrepresent your true identity when submitting user-submitted content. We do not endorse any user-submitted content or any opinions, suggestions, or advice expressed therein (except for selected submissions), and we expressly disclaim all liability for user-submitted content.
You understand that while using this website, you will be exposed to user-submitted content from various sources, and we are not responsible for the accuracy, usefulness, security, or intellectual property rights of such user-submitted content. You may encounter inaccurate, offensive, indecent, or objectionable user-submitted content, and you agree to waive and hereby waive any legal or equitable rights or remedies you may have against us in this regard, and agree to indemnify and hold harmless us, our owners, affiliates, employees, agents, and/or licensors to the fullest extent permitted by law for all matters relating to your use of this website.
Copyright and Content Policy
We respect the intellectual property rights of others and require you to do the same. We do not permit any activities that infringe copyright or intellectual property rights on our website, and we will remove all content if we receive appropriate notice that its content infringes the intellectual property rights of others. We reserve the right to remove content without prior notice. If a user is identified as a repeat infringer, we will also terminate the user's access to the website. We may remove such content and/or terminate a user's access at any time due to the upload of such content that violates these terms and conditions, without prior notice and at their sole discretion.
Please also note that under Section 512(f) of the U.S. Copyright Act, anyone who willfully misrepresents material or activity infringing may be jointly liable.
Electronic or physical signature of an authorized person acting on behalf of the copyright owner;
A description of the copyrighted work you claim has been infringed, including the URL (web address) of the copyrighted work or a copy of the copyrighted work;
A description of the location of the material you claim is infringing on the website, including the URL;
Your address, telephone number, and email address;
Your statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or law; and
A statement made under the penalty for perjury stating that the information above in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Disclaimer
You agree that your use of the website is at your own risk. To the fullest extent permitted by law, its officers, directors, members, managers, employees, and agents disclaim all warranties, express or implied, relating to this website and your use of this website. We make no warranty or representation regarding the accuracy or completeness of the website content and shall not be liable for any of the following: (I) errors or inaccuracies in the content; (II) personal injury or property damage resulting from the use of the website; (III) unauthorized access to or use of any and all personal and/or financial information stored on our servers; (IV) interruption or cessation of transmissions to and from the website; (V) any errors, viruses, Trojans, or similar third parties transmitted to or through our website; and/or (V) any errors or omissions in any content, or any loss or damage resulting from the use of or through any content on the website. We do not warrant, endorse, or assume responsibility for any content, products or services advertised or offered by third parties through the website, or products or services displayed in any advertisements, and we will not act as a monitor of any transactions between you and third-party product or service providers, nor will we be responsible in any way for monitoring such transactions.
Limitation of Liability
Under no circumstances shall we, nor any of our officers, directors, employees, members, managers, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages arising out of: (I) the content, including any errors or inaccuracies therein; (II) any personal injury or property damage, regardless of its nature, resulting from your use of our website; (III) unauthorized use of any and all personal and/or financial information stored on our servers; (IV) any interruption or cessation of the transmission of information to or from our website; (V) any errors, viruses, Trojan horses, or similar substances that may be transmitted to or through our website by any third party; and/or (VI) any errors or omissions in any content, or any loss or damage arising out of your use of any content on or through our website, whether based on warranty, contract, tort, or any other legal theory, and whether we have been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the maximum extent permitted by the laws of the applicable jurisdiction.
You expressly acknowledge that we are not responsible for any defamatory, offensive, or illegal conduct by any user-submitted content or any third party, and that you assume full responsibility for any harm or damage caused by such conduct.
Indemnification
You agree to defend, indemnify, and hold harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, attorneys' fees) arising out of or relating to: (i) your use of this website; (ii) your breach of these Terms and Conditions; (iii) your breach of the terms applicable to your user-submitted content; (iv) your breach of any third party's rights, including but not limited to any copyright, property, publicity, or privacy rights; or (v) any claim that your user-submitted content has caused damage to a third party. This obligation to defend and indemnify will continue to be in force under these Terms and Conditions and with your use of the website.
starryskymall@gmail.com
Contact Info
- Address: Seattle, Washington, USA
- Phone: (360) 725-0377
- account: starryskymall@gmail.com
