Terms of Use

TERMS OF USE

This website is operated by STARability Foundation (“STARability”). Throughout the site, the terms “we”, “us” and “our” refer to STARability. STARability offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this statement before using https://starability.myshopify.com/ or its parent site www.STARability.org. Use of this website constitutes your acceptance of this copyright statement and terms of use (collectively, “Terms of Use”). If you do not accept these terms of use, do not use this website.

STARability reserves the right to modify these Terms of Use without notice, and any modifications are effective immediately when written here. STARabilitymay, at any time, terminate your access to this website. Access to the website may be monitored by STARability.

STARability consents to downloading, copying and distribution of the information for non-commercial purposes by you only. No right, title or interest in any content or materials is transferred to you as a result of any such activities. STARability reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site. As a condition of your use of this website, you will not use the website or the website information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this website in any manner that could damage, disable, overload or impair the operation of this website.

In consideration of this consent, you agree that copies of website information will retain all copyright and other proprietary notices, and that you will not modify the website information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any website information, in whole or in part, without the prior written consent of STARability.

LINKING TO STARABILITY WEBSITES

You may link to the STARability websites by using a text link and linking to STARability Foundations’ homepage.  Linking directly to any other webpage or content within the STARability websites is prohibited without STARability’s prior written permission. STARability Foundation only consents to links in which the link and the pages that are activated by the link do not:  (i) duplicate the website content;  (ii) frame or create any other border around the website content or any pages on the websites or use other techniques that alter in any way the visual presentation or appearance of any content within the STARability websites;  (iii) misrepresent your relationship with STARability Foundation or otherwise create a false affiliation, connection or association with STARability Foundation;  (iv) imply that STARability Foundation approves or endorses you, your website, or your services or product offerings;  (v) present false or misleading impression about STARability Foundation or otherwise damage the goodwill associated with the STARability name or trademarks;  (v) use STARability trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines;  (vi) utilize STARability name, trademarks, service marks, colors, logos or any other brand features of STARability, nor your relationship with STARability for purposes of or in any manner which intentionally gives rise to advertising or publicity without STARability Foundation’s prior written permission.   As a further condition to being permitted to link to the STARability websites, you agree that STARability may at any time, in its sole discretion, terminate permission to link to the STARability websites.  In such event, you agree to immediately remove all links to the STARability websites and to cease using any STARability trademark.  STARability reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the STARability websites. 

LINKS TO THIRD PARTY WEBSITES

The STARability websites may contain links and references to non-STARability websites and resources (“Linked Websites”) and are provided for convenience only.  If you decide to leave STARability websites and access Linked Websites, you do so at your own risk and STARability will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website.  STARability has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by STARability of the Linked Websites, their entities or products and services.  Please understand that the Linked Websites, even if they contain STARability logo, are independent websites, and STARability does not control the content on that Linked Website. Additionally, STARability is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from STARability, by way of reference or link provided on the STARability Websites.

Certain information available on this website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, photographs, graphics, video, messages, or other mediums, are the sole responsibility of the originating party, and that STARability Foundation has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party’s website an endorsement of such other party, their products or their services.

You may not use any of STARability Foundation or STARShop logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by STARability or STARShop; 2) cause puffery, malice, or deception; 3) dilute STARability trademarks, service marks or trade names; or 4) otherwise violate applicable law.

STARability makes no representations or promises to develop, provide or market any service or product discussed on this website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

DISCLAIMER

STARability does not promise that this website or any content, service or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results.  The website and its content are delivered on an “as-is” and “as-available basis.  All information provided on the website is subject to change without notice.  We cannot ensure that any files or other data you download from the website will be free of viruses or contamination or destructive features.  STARability disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.  STARability disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any STARability services.  You assume total responsibility for your use of the website and any linked sites.  Your sole remedy against STARability for dissatisfaction with the website or any content is to stop using this website or any such content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

STARability reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason; (2) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

In no case shall STARability, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless STARability and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Any questions on our Terms of Service should be sent to us at shop@STARability.org.