TERMS OF SERVICE
: These Terms of Service (including an agreement to arbitrate disputes) are a binding legal contract between you and STARMAIL LLC (“STARMAIL”). These Terms of Service apply to your use of the STARMAIL website located at www.STARMAIL.com
(“site”) and any of our related services, content or applications (the site and these services, content and applications together will be called the “services”). you must agree to these terms of service to use the services. if you do not agree to all of the terms and conditions in these terms of service, please do not visit the site or use the services.
: We will notify you of changes to these Terms of Service by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service. If you do not agree to the new terms, you should stop using the Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at support@STARMAIL.com
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND STARMAIL HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 15 BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 15. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST STARMAIL ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- Description of the Services. We offer the Services as a tool to allow Celebrities to provide cutting edge digital interactions with their fans, typically in the form of a video, and typically for a fee. The Celebrities are independent third party contractors and are solely responsible for the content of the videos. Further, performance for any additional fees charged for “Up-sells” such as “Rush Fees,” “Shout Outs” and “Video Shout Outs” is the responsibility of the Celebrity. We are constantly evolving and improving the Services and may add features and offerings in the future. We may also modify, suspend or discontinue all or some of the Services at any time without notice or liability. Our sole maximum liability for any non-performance of any kind as it relates to the Services or the use of STARMAIL, is a refund of any fees that you have paid for the Services in question.
- Eligibility. Use of the Services to enter into transactions via the Services is intended for individuals who are at least thirteen (13) years old or the applicable age of majority. If you are not at least thirteen (13) years old or the applicable age of majority, please do not access, visit, purchase, order or use the Services. By entering into this agreement, you represent and warrant that you are of the age of majority in your jurisdiction and are eligible to enter into this agreement.
- Registration. As a condition of using certain features of the Services, you will be required to register through the Services and select a password and user I.D. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You are responsible for maintaining the confidentiality of your user I.D. and password.
- Your License to View Celebrity Videos. Subject to the payment of any applicable fees, you shall have a non-exclusive limited license to view the applicable Celebrity Video on the Site or through the STARMAIL mobile application, on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms of Service. You are encouraged to publish your personal Celebrity Video on your personal social media accounts, blogs or personal websites for non-commercial purposes.
Prohibited Activities. You may only use the Services and access and view the Celebrity Videos personally and for non-commercial purposes in compliance with these Terms of Service.
Prohibited Use of the Celebrity Videos. In connection with your accessing or viewing of the Celebrity Videos through the Service, you may not:
- Either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Celebrity Videos or any digital rights management mechanism, device, or other content protection or access control measure associated with the Celebrity Videos, including geo-filtering mechanisms.
- Either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Celebrity Videos for commercial purposes.
- Incorporate the Celebrity Videos into, or stream or retransmit the Celebrity Videos via, any hardware or software application or make them available via frames or in-line links for commercial purposes.
- Use the Celebrity Videos for any business purpose, whether or not for profit without the express written consent of STARMAIL and the Celebrity.
- Create derivative works or materials that otherwise are derived from or based on in any way the Celebrity Videos, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by STARMAIL in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. The Celebrity Videos covered by the foregoing restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
Prohibited Use of the Services. In connection with your use of the Services, you may not:
- Provide any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Use technology or other means to access, index, frame or link to the Services (including the Celebrity Videos) (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services) unless expressly authorized to do so by STARMAIL;
- Provide any User Content (as defined in Section 10.1) in connection with the Services that contains any information or content that is fraudulent, false, misleading, or deceptive or otherwise provide false, misleading or deceptive information in connection with your use of the Services. This includes but is not limited to giving false information as part of your account registration and writing reviews that are made up, dishonest or misleading;
- Provide any User Content unless you have all the legal rights needed to do so or provide any User Content that infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that violates any laws or regulations;
- Provide any User Content in exchange for any form of benefit or compensation from a third party;
- Open a new account without our written permission if we have terminated your account or told you not to access the Services;
- Transfer your account to someone else;
- Use an account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third parties;
- Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Site or a Service by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute; or
- Reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Site or Services.
Fees and Payment
- Order Fees. You may order Services on the Site by paying a fee for each Celebrity Video you would like to purchase.
- Order Fulfillment. When you place an order, the Celebrity and STARMAIL will have ten (10) days to fulfill and send the Services back to you. You may only request a refund if the Services are not provided within ten (10) days. STARMAIL’s only liability for any unfulfilled orders will be a full refund. Celebrities who do not fulfill orders on time may be placed on probation by STARMAIL and terminated from the platform.
- Length of Services. The average length of a STARMAIL Celebrity Video is forty-five seconds to one minute. Some Celebrity Videos may be shorter or longer at the discretion of the Celebrity. Length of Celebrity Video shall not be cause for a refund.
- Donations. In addition to any fees that you may pay in order to purchase the Celebrity Videos, you may also choose to make a donation (“Donation”) to a Charity, either in connection with payment of an Order Fee, or via a Charity donation page on the Site. After deduction of payment processing fees charged by the applicable third party payment processing company (such as PayPal) for use of its payment processing services, in an amount not to exceed (10%), 80% of your Donation is distributed to the applicable Charity, and the remaining amount is distributed to STARMAIL for providing its Services to facilitate your Donation.
- Method of Payment. Payment of Order Fees and Donations can only be made through online credit payments via our website. Our website may support Amazon Pay, Square and Paypal, as well as other options, for your ease of use. Your Payments may also be governed by your relationship with those companies as well as your credit card issuing bank. In some cases, we may accept a wire transfer, cashiers check, money order or personal check for a large order. Please contact us at support@STARMAIL.com for details.
- Chargebacks and Refunds on Order Fees and Donations. Order Fees are non-refundable, unless the Celebrity fails to provide you with the Services within the ten day (10) day fulfillment period as outlined in section 8.2. Order Fees are non-refundable within the ten day (10) fulfillment period, even if you have not yet received the Services. The Services may already be in production, which is a detailed and expensive process. If you believe that you are entitled to a refund, please email us at support@STARMAIL.com immediately so that we can assist you. Donations are non-refundable.
Your Account. If you want to purchase access to any Celebrity Videos, you must register to use the Services and create an account.
- Responsibility for Your STARMAIL Account. You are responsible for everything done through your account so please do not share your user ID and password with anyone. Please notify us right away at support@STARMAIL.com if you have lost control of your password or you suspect there is unauthorized activity in your account.
- Notifying STARMAIL Regarding Changes to Your Email Address. We will send you emails from time to time related to your account, our Services, changes to these Terms of Service and other issues. Please make sure to notify us at support@STARMAIL.com if you change your email address to make sure that you receive important notices, such as notice of changes to these Terms of Service.
Content. “Content” means any content or materials, including, without limitation, text, visual elements (e.g. graphics, images, etc.), illustrations, logos, trademarks, service marks, copyrights or photographs, videos or data.
- Responsibility for User Content. As between you and STARMAIL, you own all Content that you provide to STARMAIL in connection with the Services (“User Content”); provided, however, that the term “User Content” does not apply to Celebrity Videos, which are the subject of a separate agreement under which the Celebrities make the Celebrity Videos available for order and viewing through the Services. You are solely responsible and bear all liability for and risk from any User Content you provide to us, the Site or that you make available in connection with the Services. You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content. Please carefully consider whether to provide your User Content in connection with the Services. We strongly discourage you from providing any User Content that allows other users to identify or locate you. You are solely responsible for your interaction with other users of the Services, whether online or offline.
- Compliance with Laws. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services and any User Content you provide in connection with the Services. You represent and warrant that you have all rights and authorizations necessary for the User Content that you provide in connection with the Services and that it will not infringe any third party rights (including rights of privacy and intellectual property rights) or violate any applicable law or regulation.
- License Grant to STARMAIL. You hereby grant STARMAIL a perpetual, irrevocable, non-exclusive sub-licensable, transferable, worldwide royalty-free right and license to use all User Content you provide for any purpose, including the right to copy, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of the User Content, in any media known now or in the future, and to allow others to do the same, all without compensation to you. You also irrevocably waive any so-called moral rights and rights of attribution.
- Content Provided by Other Users or Third Parties. You understand that STARMAIL is not responsible for User Content provided by any other users or other third parties STARMAIL takes no responsibility and assumes no liability for any User Content that any other user of the Services posts or sends through the Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise not suitable for you. You agree that STARMAIL is not responsible or liable for the conduct of any user of the Services.
- No Compensation for User Content. STARMAIL will not compensate you in any manner for anything, including your use of the Services and any User Content you provide through the Services, unless you and STARMAIL have entered into a separate written agreement that has been manually signed by both parties (i.e., not electronic signatures).
- STARMAIL’s Rights to -Screen and Delete User Content. We reserve the right but do not undertake the obligation to pre-screen, filter or categorize any User Content. We may also investigate you, your account and any User Content you submit in connection with the Services. In addition to or instead of terminating or suspending your use of the Services and any other remedies, we may immediately take down any User Content or take any other action we think is appropriate to deal with any issue we believe is problematic in our sole discretion. However, while we reserve the right to do these things we do not make any commitment that we will police the Services for problems, even those that have not been reported to us. To report a problem, please contact us at support@STARMAIL.com. By offering you the opportunity to report problems, we do not undertake any obligation to you (whether contractual or otherwise) to take any particular action in response to your report. We reserve the right to delete any User Content at any time without notice.
- Ownership of STARMAIL Content. Except with regard to User Content (which you own) and the Celebrity Videos (which the applicable Charities provide), STARMAIL owns all Content provided by STARMAIL through the Services and all intellectual property rights in the Services. STARMAIL retains all right, title and interest in the Services, and its trademarks, service marks and logos, including all technology and processes and any enhancements or modifications. You may not copy, modify, create derivative works from or distribute any Content that you did not provide (whether that Content has been posted by us or a third party) or our trademarks, or create any additional service or website that includes or is based on our Services or any Content you did not provide. Unless expressly granted in these Terms of Service, you have no right, title or interest in the Services.
- STARMAIL Intellectual Property. Except with regard to User Content and Celebrity Videos, the copyrights, trademarks, and other intellectual property displayed on the Site (collectively “STARMAIL Intellectual Property”), are owned by STARMAIL, LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any STARMAIL Intellectual Property displayed on the Site, or any license or right to use any other intellectual property owned by any other third party. In the event that you misuse any STARMAIL Intellectual Property displayed on the Site in violation of these Terms of Service, STARMAIL will aggressively enforce its intellectual property rights to the fullest extent of the law.
Copyright and Trademark Infringement and Other Bad Acts. STARMAIL is strongly committed to respecting intellectual property and other rights. We have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances.
We are also concerned with other types of infringement and abuse. To report a problem other than copyright or trademark infringement, please email support@STARMAIL.com. We may, in our sole discretion, limit, suspend, or terminate the Services and user accounts, prohibit access to the Services, delay or remove Content, and take technical and legal steps to keep users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
- Termination of User Accounts. We reserve the right to suspend or terminate your account and/or your use of any Content or application at any time for any or no reason. This is not our exclusive remedy under any circumstances. You may terminate your STARMAIL account at any time by contacting us at support@STARMAIL.com.
- Effect of Termination. When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. Following termination or deactivation of your user account, unless you request that your information be deleted by contacting us in accordance with Section 22 below, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may use all of your User Content in accordance with Section 10.1 above and retain and continue to use indefinitely all information contained in your communications to other users of the Services posted to public or semi-public areas of the Services after termination or deactivation of your user account.
- Survival. Sections 10.3, 10.7, 12, 14 and 15 of these Terms of Service shall survive termination or suspension of any of the Services and/or closure of your account.
Third Party Websites, Advertisers or Services
- Third Party Promotions. Additionally, if you elect to purchase goods or services from third party companies that place advertising on the Site, your dealings with those companies, including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods or services. You agree that STARMAIL shall not be responsible for any loss or damage of any sort relating to your dealings with third party companies that place advertising on the Site.
Indemnity, Disclaimers and Limits on Liability
- Indemnity.You agree to indemnify, defend, and hold harmless STARMAIL, the Charities, and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms of Service. STARMAIL reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if STARMAIL assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
- THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. THE COVERED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.
Limitations on Liability
- THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY DAMAGES OR PENALTIES, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (I) THESE TERMS OF SERVICE OR THE SERVICES, AND (II) ANY ACTS OR OMISSIONS OF ANY OF THE COVERED ENTITIES IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES. THE ONLY REMEDY AVAILABLE TO YOU UNDER THESE TERMS OF SERVICE AND IN CONNECTION WITH THE SERVICES IS REIMBURSEMENT OF THE ACCESS FEES YOU HAVE PAID FOR THE SERVICES.
- IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE THE COVERED ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND LIABILITIES OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THESE DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Exceptions to Disclaimers and Exclusions of Damages. YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, THE FOREGOING DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Timing of Claims. YOU MUST BRING ANY CLAIM YOU HAVE AGAINST STARMAIL RELATING TO THESE TERMS OF SERVICE OR THE SERVICES WITHIN TWO YEARS FROM THE DATE OF ACCRUAL OF THE APPLICABLE CLAIM.
Legal Disputes and Arbitration Agreement
- Initial Dispute Resolution. We are available by email at support@STARMAIL.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Terms of Service and Binding Arbitration Agreement.
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO SECTION 15.1 ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF SERVICE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF THE NEVADA ARBITRATION ACT.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, STARMAIL WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND STARMAIL WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CASES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
- Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth in Section 15.2 do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Clarke County, NV.The parties expressly consent to exclusive jurisdiction in Nevada for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Nevada for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Nevada over any litigation arising in connection with, out of, or as a result of (a) these Terms of Service or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms of Service or the Services.
- Applicable Law. THESE TERMS OF SERVICE CONSTITUTE A CONTRACT MADE SOLELY OVER THE INTERNET AND YOU AGREE THAT THE LAWS OF THE STATE OF NEVADA,WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS OF SERVICE AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND STARMAIL.
The Services may also include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who click on the links made available through the Services. These third parties may collect information about you and/or your computer network over time and across different websites to provide targeted or personalized advertising (also referred to sometimes as online behavioral advertising or interest-based advertising). We do not have access to or control over web beacons or cookies that these third parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.
Some third-party advertising companies may provide a mechanism to opt-out of their information gathering technologies. We only engage third-party advertising companies that have represented to us that they comply with the protocols of the Networking Advertising Initiative (NAI) or Digital Advertising Alliance (DAA), which give consumers choices about how their personal information is tracked and used. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at www.networkadvertising.org/managing/opt_out.asp, and the DAA by visiting www.aboutads.info (daa homepage).
- Entire Agreement. These Terms of Service and the terms and conditions incorporated in these Terms of Service by reference are the entire agreement between you and STARMAIL.
- Assignment. We can assign these Terms of Service to any entity that agrees to be bound by these Terms of Service.
- Severability. Except as provided in Section 15.2, if any provision of these Terms of Service is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
- No Third Party Beneficiaries. These Terms of Service are between you and STARMAIL. There are no third party beneficiaries.
- Relationship of the Parties. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
- Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
- Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at support@STARMAIL.com.