Membership Agreement
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACTIVATING YOUR STARRMATICA UNLIMITED ACCESS ACCOUNT.
This is a legal and binding contract between you and StarrMatica Learning Systems, LLC. ("StarrMatica"). By joining StarrMatica, you agree to be bound by the terms and conditions set forth below in this Membership Agreement. If you do not agree with the terms of this Agreement, or are legally unable to agree to these terms, please do not activate your account.
WELCOME
Welcome to StarrMatica! This Membership Agreement is a legal document that governs the terms and conditions of your membership in StarrMatica. These terms and conditions are designed to assist you with having a safe and enjoyable experience with StarrMatica. You should read this Membership Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time. You are agreeing to accept a non-exclusive, non-assignable right and license to use StarrMatica. StarrMatica reserves the right to change these terms and conditions at any time.
StarrMatica makes learning fun in a safe environment. StarrMatica is offered and sold on a subscription basis. StarrMatica requires that account activation be completed by an adult who is 18 years of age or older. All children under 18 years of age must be registered by a teacher, parent, or legal guardian.
REGISTRATION AND USE OF THE SERVICE
As part of the registration process, each Member will select a password and user name (“User Name”). You agree to provide StarrMatica with accurate, complete, and updated Account information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the Account. You may not: (a) select or use a User Name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a User Name that StarrMatica, in its sole discretion, deems inappropriate or offensive. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you.
USE OF YOUR ACCOUNT
As the Registered Member for an Account, you are entirely liable for all activities conducted through that Account and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify StarrMatica at info@starrmatica.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. StarrMatica will have no liability for any circumstances arising from the unauthorized use of a User Name, a Member’s password or a Member’s Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by StarrMatica. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems.
StarrMatica offers schools a one year subscription hereafter referred to as the “StarrMatica Subscription for Schools” [including Building Access and District Access]. With this StarrMatica Subscription for Schools, students may access lessons at the purchasing school building site and at home. There is no time limit, but the ability of users to log in simultaneously is limited by the subscribing school’s paid number of users recorded on its account.
The StarrMatica Family Membership is for Family use only at home.
If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify StarrMatica of the problem (by notice to info@starrmatica.com).
BILLING POLICIES
A. All subscriptions will be pre-paid annually.
B. Automatic billing. StarrMatica billing system will bill your designated credit card for your annual subscription. StarrMatica is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to StarrMatica for any reason, including charge back, StarrMatica reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of StarrMatica hereunder, and thereafter to collect any amount due.
C. Revision to Subscription Fees. StarrMatica reserves the right to change the amount of, or basis for determining, any fees or charges for the StarrMatica service, and to institute new fees or charges effective upon prior notice, by posing such changes on StarrMatica’s site, and by sending e-mails to members.
D. Account Termination. You may terminate your account at any time by sending an e-mail to Customer Service at info@starrmatica.com. You can also send a fax to (563) 243-3916 or mail a letter to: Attention Customer Service, StarrMatica Learning Systems, 3409 Valley Oaks Drive, Clinton, IA 52732. For more information, call Customer Service at 1-563-219-2111. Members who have pre-paid for an annual membership will not be given a refund for the unused portion of their membership. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute you may have with StarrMatica. StarrMatica also reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate your membership in and/or ability to access StarrMatica, specific sections of StarrMatica, or any other StarrMatica website.
E. Payment Options. StarrMatica accepts credit card payments through PayPal and personal checks mailed in with a purchase order.
F. Billing Security. StarrMatica uses PayPal’s secure payment system for credit card purchases.
ADMINISTRATION OF THE SERVICE
Changes to the Terms of this Agreement. StarrMatica reserves the right to change, modify, suspend, or discontinue any aspect of the Service at any time including, without limitation, access policies, the availability of any Service feature, hours of availability, content, data, or software or equipment needed to access the Service. StarrMatica may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
StarrMatica reserves the right to change prospectively the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges for access to portions of the Service effective upon prior notice to Members by posting such changes on the StarrMatica website or by sending emails to Members. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
StarrMatica may, from time to time have special events, software, or content available on the Service, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you, or any other person using your User Name and Password, uses or accesses such special events, software or other content, such additional terms and conditions will be binding you as the Registered Member.
StarrMatica reserves the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. StarrMatica will post notification of any such changes on the Service, or give notice of such changes to you via email, postal mail or by pop-up screen, at its sole discretion. If any future changes to this Agreement are unacceptable to your or cause you to no longer be in compliance with this Agreement, you may terminate your Account. The continued use of the Service by you following your receipt of a notice of changes to this Agreement will mean you accept any and all such changes.
EMAIL AND MESSAGE BOARD
Use of StarrMatica’s message boards and email program is subject to the StarrMatica Posting Guidelines, which are incorporated herein by this reference, and the following terms and conditions. Members shall not upload to, distribute through or otherwise publish via email, message boards or otherwise, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute a criminal offense, violate the rights of any third party, or that would give rise to liability or violate any law. The email and message board functions shall only be used in a non-commercial manner. You shall not, without the approval of StarrMatica, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. StarrMatica reserves the right to suspend or terminate any screen name it reasonably believes is being used for commercial purposes or is otherwise in violation of this Agreement.
By uploading materials to email, message boards, or other posting areas or otherwise submitting any materials to StarrMatica, you automatically grant (or warrant that the owner of such rights has expressly granted) StarrMatica a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate or create derivative works from such materials and to distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the World. In addition, you warrant that all so-called “moral rights” in and to those materials have been waived. StarrMatica reserves the right to screen messages and to determine what messages are appropriate for posting or use on the site.
StarrMatica offers the ability to post to message boards and other designated areas. While StarrMatica will make reasonable efforts to review posted messages and other postings prior to publication, StarrMatica takes no responsibility for the content or the opinions posted. StarrMatica shall not be held liable for the actions or decisions of persons posting content to the message boards or for content contained in emails.
PRIVACY
StarrMatica is committed to protecting the privacy of website visitors and does not share personally identifiable information with third parties without your consent. You should consult the Privacy Policy for more information on our information collection, use and disclosure practices. You acknowledge that, although StarrMatica agrees to use its best efforts to comply with and to assist its users, content providers, distributors and licensees in complying with its Privacy Policy, StarrMatica cannot be held responsible for the actions of third parties who violate its Privacy Policy.
RESTRICTIONS ON THE USE OF MATERIALS
The materials on StarrMatica are owned or licensed by StarrMatica, and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but Members may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation of StarrMatica’s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom StarrMatica has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to StarrMatica Learning Systems, L.L.C.
In the event you download software from StarrMatica, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the “Software”), is licensed to you by StarrMatica. StarrMatica, or its contract partners, does not transfer title to the Software to you. StarrMatica, or its contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
SUBMISSIONS
StarrMatica welcomes your submissions. If you send StarrMatica creative suggestions, ideas, notes, stories, messages, narratives, drawings, concepts, or other information or content (“Submissions”), the Submissions will be deemed, and shall remain, the sole and exclusive property of StarrMatica, and StarrMatica will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. None of the Submissions shall be subject to any obligation of confidence on the part of StarrMatica, and StarrMatica shall not be liable for any use or disclosure of any Submissions. Without limiting the generality of the foregoing, StarrMatica shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
DISCLAIMERS
INFORMATION ON THIS WEB SITE AND ALL CONTENT AND OTHER MATERIALS PUBLISHED OR OTHERWISE MADE AVAILABLE THROUGH STARRMATICA IS PROVIDED “AS IS”. STARRMATICA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR OF RESULTS, LACK OF NEGLIGENCE, AND LACK OF WORKMANLIKE QUALITY OR EFFORT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
StarrMatica does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that StarrMatica or the servers that make it available are or will be free of viruses or other harmful components. StarrMatica does not warrant or make any representations regarding the use or the results of the use of the materials on StarrMatica in terms of its correctness, accuracy, reliability or otherwise. Also, StarrMatica makes no warranty of condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. No oral or written information or advice given by StarrMatica, or its representatives, shall create a warranty or in any way increase the scope of this warranty. Members assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STARRMATICA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF STARRMATICA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE. STARRMATICA'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT STARRMATICA'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING THE SCOPE OF THIS LIMITATION OF LIABILITY.
In no event shall StarrMatica's total liability to you for all damages, losses, and causes of action, whether in contract, negligence, tort or otherwise exceed the amount paid by you, if any, for accessing StarrMatica.
LINKS TO THIRD PARTY SITES
StarrMatica contains links to other websites operated by parties unaffiliated with StarrMatica. These links will let you leave StarrMatica to visit websites not under the control of StarrMatica, and StarrMatica is not responsible for the contents of any linked website or any link contained in a linked website. StarrMatica is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StarrMatica of the linked site.
While StarrMatica tries to include only links to or frames of those sites which are in good taste and safe for its users, StarrMatica is not responsible for the content of those sites and cannot guarantee that those sites will not change without its knowledge. StarrMatica makes no representations whatsoever about any other Web site you may access through this one. When you access a non-StarrMatica Web site, it is independent from StarrMatica and StarrMatica has no control over the content on that Web site. Inclusion of such links and frames in the StarrMatica Web site does not imply endorsement of the linked or framed sites or their content, including information, material, products and services therein, by StarrMatica. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as worms, viruses, Trojan horses and other items of a destructive nature.You access and use such sites, including the information, material, products and services therein, solely at your own risk.
JURISDICTIONAL ISSUES
StarrMatica makes no representation that materials on StarrMatica are appropriate or available for use in all locations. Those who choose to access StarrMatica do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from StarrMatica is further subject to United States export controls. No software from StarrMatica may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TRADEMARK AND COPYRIGHT NOTICES
Copyright© StarrMatica.com, L.L.C. The StarrMatica, StarrMatica.com , and/or all other StarrMatica logos, characters, names and services referred to on StarrMatica are registered trademarks or trademarks of StarrMatica Learning Systems, L.L.C. All rights reserved.
All other trademarks and names are the property of their respective owners.
REMEDIES FOR BREACH
In the event that StarrMatica determines, in its sole discretion, that you or your children have breached any portion of these terms and conditions, or have otherwise demonstrated inappropriate conduct, StarrMatica reserves the right to (i) warn you and/or your child via e-mail that you have violated this Agreement; (ii) discontinue your account with StarrMatica and/or any other StarrMatica service; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) take any other action that StarrMatica deems to be appropriate.
MISCELLANEOUS
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of the State of Iowa, without giving effect to any principles of conflicts of law. Any legal action or proceeding between StarrMatica and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Iowa.
In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
This Agreement, together with the Terms of Use and Privacy Policy adopted by StarrMatica, constitute the entire agreement between you and StarrMatica with respect to the subject matter and replaces all previous written or oral agreements. StarrMatica may at any time revise this Agreement by updating this site. You agree to be bound by any such revisions. You should periodically visit this page to determine the current terms of use.
StarrMatica may assign its rights and obligations under this Agreement and upon such assignment StarrMatica may be relieved of any further obligation hereunder. You represent to StarrMatica that you have the authority to subscribe to and/or use StarrMatica according to the terms and conditions of this Agreement.
ACCEPTANCE
By using and/or subscribing to the Service, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.
QUESTIONS
If you have any questions about this StarrMatica Membership Agreement, please contact us. |
