1. Introduction
Welcome to Starscope (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the Starscope website (https://the-starscope.com), including any content, functionality, and services offered on or through the website (collectively, the “Service”).
Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Service.
2. Eligibility
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet the eligibility requirements. If you are under 18 years of age, you represent that you have your parent or guardian’s permission to use the Service and that they have read and agree to these Terms on your behalf.
3. Account Registration
3.1 Account Creation
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form.
3.2 Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account.
3.3 Account Termination
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
4. Intellectual Property Rights
4.1 Starscope Content
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Starscope, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 User Content
By submitting, posting, or displaying content on or through the Service (“User Content”), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the Service.
4.3 Copyright Infringement
If you believe that any User Content violates your copyright, please contact us with a notice containing the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Your contact information, including your address, telephone number, and an email address
- A statement by you that you have 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
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
5. User Conduct
5.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Service for any illegal purpose or in violation of any local, state, national, or international law
- Violating or infringing other people’s intellectual property, privacy, publicity, or other legal rights
- Transmitting any material that is defamatory, obscene, threatening, harassing, or that contains nudity or graphic or gratuitous violence
- Sending unsolicited promotions, advertising, or spam
- Attempting to access or search the Service through the use of any automated system
- Introducing any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
- Using the Service in any way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service
5.2 User Content Standards
Any User Content must comply with all applicable laws and regulations and must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising
6. Privacy
Your submission of personal information through the Service is governed by our Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.
7. Third-Party Links and Services
7.1 Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by Starscope. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Starscope shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7.2 Third-Party Services
We may use third-party services to facilitate the Service, to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
8. Disclaimers
8.1 “AS IS” and “AS AVAILABLE”
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
8.2 No Warranties
STARSCOPE, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:
(a) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(b) ANY ERRORS OR DEFECTS WILL BE CORRECTED;
(c) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(d) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
9. Limitation of Liability
IN NO EVENT SHALL STARSCOPE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
(c) ANY CONTENT OBTAINED FROM THE SERVICE; AND
(d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Starscope and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
(a) your use and access of the Service, by you or any person using your account;
(b) a breach of these Terms; or
(c) your User Content.
11. Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Starscope will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. Amendments to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Dispute Resolution
14.1 Informal Resolution
Before filing a claim against Starscope, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by contacting you via email.
14.2 Arbitration
If the dispute cannot be resolved informally, you and Starscope agree to resolve any disputes through binding arbitration in accordance with the rules of [Arbitration Association] in [Jurisdiction].
14.3 Exceptions
The arbitration agreement does not apply to claims that may be brought in small claims court or claims related to intellectual property infringement.
14.4 Class Action Waiver
You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action.
15. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.