
This Agreement is
between 1 StarView Solutions, LP ("We," "Us" or "StarView")
and the user ("You," "Customer," "Retail
Customer").
SUMMARY OF
SERVICE
StarView Mobile service is designed as an
alternative for making calls from within the U.S. and internationally. The StarView
Mobile application is not designed to replace your current mobile telephone
service. The application will operate in a WiFi environment. In order to use
the StarView Mobile service you or your phone, depending on the device/platform
you are using, must first access the StarView Mobile application. The Service
is subject to normal and lawful use conditions, including for personal,
non-commercial use, and is subject to termination or suspension, with or
without notice, if we determine, in our sole discretion, that your use of the
Service is unreasonably excessive or abusive or otherwise violates any of these
Terms and Conditions. The Service does not support or terminate emergency (911)
initiated calls. When using the Service, you may be subject to, and StarView
Mobile is not responsible for, your mobile carrier's roaming, access, airtime
minutes and surcharges associated with your mobile carrier plan.
These Terms and Conditions and any others
referenced herein, constitute a legal agreement between you the end user and/or
subscriber of the Service and StarView ("Agreement" or "Terms
and Conditions"). This Agreement is a service Agreement. Please read it
carefully before accepting it.
1. Grant of Rights
StarView grants you a
non-exclusive, non-transferable, limited right to access and use StarView's
Website, Internet call and voicemail services, any associated programs (the
"Software") on any machine(s) of which you are the user, and any
printed or online documentation accompanying the Software (the
"Documentation") provided by StarView (the StarView Website,
services, Software and Documentation collectively, the "Service"),
provided that you agree to be bound by the terms of this Agreement. The
Service, including any updates, enhancements, new features, and/or the addition
of any new Web content or properties are subject to this Agreement.
2. Modifications
StarView may modify this Agreement, in
its sole discretion, from time to time. The modified Agreement will be
effective immediately upon posting through the Service or via e-mail to the
e-mail address of record for your account, and you agree to the new posted
Agreement by continuing your use of the Service. If you do not agree with the
modified Agreement, your only remedy is to discontinue using the Service and
terminate your account as described in Section 3 (Term of Use).
3. Term of Use
This Agreement is
effective until terminated. You may terminate it at any time by deleting or
otherwise destroying the Software and Documentation together with all copies
thereof. This Agreement will terminate upon conditions set forth elsewhere
within this Agreement or if you fail to comply with any term or condition of
this Agreement. StarView reserves the right to terminate this Agreement, or suspend,
discontinue or disconnect your Service at any time in our sole and absolute
discretion. In such event, no notice shall be required by StarView to effect
such termination. Upon termination of this Agreement, you agree to delete or
otherwise destroy the Software and Documentation together with all backup
copies, modifications, printed or written materials, and merged portions in any
form, or return the same to StarView at your expense.
Non-Activity If you do not use the Service for sixty (60)
consecutive days, one dollar ($1.00 U.S) will automatically be deducted from
your account. If your balance falls to $0.00 and you do not use the Service for
thirty (30) consecutive days your account maybe canceled at the sole discretion
of StarView.
4. Personal And Non-Commercial Use
Limitation
The Service shall be
used only for your own personal and non-commercial use. A Service account may
not be transferred to another party or entity without prior written approval
from StarView, and any such transfer of Service account is subject to any
limits established by StarView. StarView reserves the right to immediately
terminate or modify the Service in its sole discretion.
5. Privacy Policy
You agree to be bound by
the StarView Privacy Notice ("Privacy Policy"), which is hereby
incorporated at the following URL:
6. Non-Provision of Emergency Dialing
Services
You acknowledge and
understand that the Service does NOT support emergency dialing to any type of
hospital, law enforcement agency, medical care unit or any other kind of
emergency service such as 911 or E911 emergency services. The Service is not
intended to be a telephone replacement and any attempt(s) to dial 911 or E911
using the Service will not connect. You understand that additional arrangements
must be made to access such emergency services such as purchasing, separately
from StarView, a regular telephone connection from your local phone company,
which can provide you access to emergency services.
7. Registered Location
Notwithstanding Section
5 above, in the event StarView begins providing or plans to provide emergency
dialing such as 911, you agree to provide at StarView's request, information
sufficient to provide emergency services with a physical location at which the
Service will be utilized (the "Registered Location"). You also agree
to update the Registered Location if the location at which the Service will be
utilized changes.
8. Electronic Delivery
YOU CONSENT TO RECEIVE
ELECTRONIC STATEMENTS FROM STARVIEW AND ANY PRIVACY OR OTHER NOTICES,
AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS
(COLLECTIVELY, "NOTICES"). You agree that StarView generally can send
you electronic Notices in the following ways: (1) through its Service or (2) to
the e-mail address that you provided to StarView during account registration.
Your only method of withdrawing consent to receive notices electronStarViewy is
to terminate your Service by contacting StarView.
9. Ownership
You have no ownership
rights in any aspect of the Service, including any telephone number assigned to
use of the Service, Software, Documentation or content associated with the
Service. Rather, you have a license to use the Service as long as this Agreement
remains in full force and effect. Ownership of the Software, Documentation, and
contents associated with the Service, and all intellectual property rights
therein shall remain at all times with StarView. Any other use of the Service
by any person, business, corporation, government organization or any other
entity is strictly forbidden and is a violation of this Agreement.
10. Proper and Prohibited Uses
You agree that you are
responsible for your own communications and for any consequences that arise
from them. You agree that you will use the Service in compliance with all
applicable local, state, national, and international laws, rules and
regulations. Among other things you will not agree to, and will not authorize
or encourage any third party to: (a) prevent others from using their Service,
(b) use the Service for any fraudulent or inappropriate purpose, or (c) remove
any copyright, trademark or other proprietary rights notices contained in or on
the Service, including those of any of our business associates, from whom we
may have licensed certain components used in the Service. Violation of any of
these obligations may result in immediate termination your Service, and may
subject you to state and federal penalties and other legal consequences.
StarView reserves the
right, but will have no obligation, to investigate your use of the Service in
order (a) to determine whether a violation of the Agreement has occurred or (b)
to comply with any applicable law, regulation, legal process or governmental request.
StarView reserves the right to block calls to numbers that abuse its services
such as, but not limited to, traffic stimulation numbers. If StarView sees
excessive use, including but not limited to, a customer whose usage is twenty
(20) times more than the average StarView 's customer's usage, or a customer
who calls more than 50 different telephone numbers per day, or systematic or
intentional misuse, it reserves the right, in our sole discretion, to terminate
your use of the Service and/or Software immediately, and you will not be
entitled to get a refund of any licensing fee or any other fee you may have
paid to us. We reserve the right to reclaim any telephone number that does not
make a call for a consecutive 90 days. In the event we reclaim a phone number
and your software license is still active, you may choose another phone number.
You hereby consent to
our forwarding any communication and other information, including your identity
to the appropriate authorities, if, in our sole discretion, we believe or
suspect that you have used the Service or any other related programs or
services for an unlawful purpose. In addition, you expressly agree to StarView
providing information to law enforcement agencies in response to lawful
requests, subpoenas and court orders. We reserve the right to disconnect your
Service and terminate your use of the Service immediately if, in our sole
discretion, we believe or suspect, that you have used the Service in an
unlawful manner.
11. Export Restrictions
This Agreement is
expressly made subject to any laws, regulations, orders, or other restrictions
on the export from the United States of America of the Software or information
about such Software, which may be imposed from time to time by the government
of the United States of America. You shall not export the Software,
Documentation, or information about the Service without the consent of StarView,
and compliance with such laws, regulations, orders, or other restrictions. By
installing or using the Service, you warrant full and complete compliance with
these conditions of restriction. Should you violate any export control law or
regulation, you will be solely liable for such violation and agree to indemnify
and hold harmless StarView against any and all liability for such violation.
12. Loss of Service
If the event of power
failure, Internet outages, suspension or disconnection of Service by your
broadband provider or Internet Service Provider ("ISP"), or
termination of your StarView account, the Service will not function. In
addition, your ISP or broadband provider or other third party may intentionally
or inadvertently block the ports over which the Service is provided or
otherwise impede the usage of the Service. You acknowledge that StarView is not
responsible for any interruption or impediment to your usage of the Service.
13. Intellectual Property
a. Unauthorized
Usage of Software The Service contains content (including but not limited to
titles, computer code, data, themes, objects, characters, character names,
stories, text, dialog, catch phrases, locations, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects, methods of operation, any
related documentation, and "applets" incorporated into the Software)
that is protected by United States patent, copyright, trademark, trade secret,
and other intellectual property laws and by international treaty provisions.
All rights not granted to you herein are expressly reserved by StarView. You
may not remove any proprietary notice of StarView from any copy of the
Software, Documentation or content associated with the Service. You expressly
agree not to copy or modify any Software, Documentation or content associated
with the Service, provide or otherwise make available the Service in any form to
any person, including without limitation any public display or performance of
the Service or any image, sound, musical work, or audio-visual work, or portion
thereof, contained in or generated by the Service. You agree not to remove or
obscure any patent, trademark or copyright notices. You also agree not to
decompile, disassemble, create a derivative work, merge, or reverse engineer
the Software, or copy or translate the Documentation or any of the content
provided by the Service, Use of Third-Party Hardware and Software. If you
decide to use the Service through an interface device (whether hardware or
software) not provided by StarView, you warrant and represent that you possess
all required rights, including software licenses, to use that interface device
with the Service and you will indemnify and hold harmless StarView against any
and all liability arising out of your use of such interface device with the
Service.
b. Tampering with the Service You shall not attempt
to hack or otherwise disrupt the Service or make any use of the Service that is
inconsistent with its intended purpose.
c. Links To
Third Party Sites StarView may from time to time provide links that will let you
access a third-party's Website. StarView has no control over such linked Websites
and is not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites. StarView
is not responsible for webcasting or any other form of transmission received
from any linked site. The inclusion of any link does not imply endorsement by StarView
of the site.
14. No 0+ or Operator Assisted Calling; No
x11 Calling
The Service does not
support 0+ or operator assisted calling (including, without limitation, collect
calls, third party billing calls, 900 or calling card calls). The Service does
not support 311, 411, 511 and/or other x11 services.
15. Incompatibility With Other Services
a. Home
Security Systems. You acknowledge that the Service is not compatible with home
security systems.
b. Certain
Broadband, Cable Modem, and Other Services You acknowledge that the Service
presently may not compatible with certain ISP service providers. You further
acknowledge that some providers of broadband services may provide modems that
prevent the transmission of communications using the Service. We do not warrant
that the Service will be compatible with all broadband services and expressly
disclaim any express or implied warranties regarding the compatibility of the
Service with any particular broadband service.
c. No Technical
Support
StarView is under no obligation to provide technical support under the terms of
this Agreement and provides no assurance that any specific errors or
discrepancies in the Service will be corrected.
16. WARRANTIES
THE SERVICE (INCLUDING ALL SOFTWARE, DOCUMENTATION, CONTENT,
MATERIALS, FUNCTIONS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED
"AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF
NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STARVIEW MAKES NO
WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING
WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICE UNDER ANY
CIRCUMSTANCE, INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL OR TO OBTAIN
EMERGENCY HELP, AND INCLUDING BUT NOT LIMITED TO STARVIEWS NEGLIGENCE.
17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STARVIEW BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE
USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF STARVIEW HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STARVIEW IS TO DISCONTINUE USE OF THE
SERVICE AND CANCEL YOUR ACCOUNT. 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, STARVIEW, ITS LICENSORS, AND THEIR
AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
18. Indemnification
You shall defend,
indemnify, and hold harmless StarView, its officers, directors, employees,
affiliates and agents and any other service provider who furnishes services to
you in connection with the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation, attorneys
fees) by, or on behalf of, you or any third party or user of the Service,
relating to the Services, including, without limitation, emergency dialing such
as 911 dialing.
19. BILLING AND PAYMENT
a. You will pre-pay for the Service in
increments of five dollars ($5.00 U.S.) All payments for Services are
non-refundable. You agree to pay for your Service by credit card and authorize
us to charge your credit card for all products and/or Services purchased or
utilized by you through the Service and/or StarView. You agree that you are not
misrepresenting your identity in any regard, that you are lawfully permitted to
use the credit card, and that you have provided accurate information regarding
your identity.
b. StarView may as it's sole discretion
elect to change the billing terms or rates. In the event of any such change, we
will notify you via electronic mail at least 30 days in advance. If you do not
wish to continue to be bound by the new terms and conditions, you may cancel
your account automatically at any time.
c. You agree to immediately inform us of
any of the following changes in your credit card account: Card loss or theft,
or unauthorized usage of the card; apparent breach of security of subscriber
account, such that unauthorized access to the service via the card is possible.
Unless you give us proper notice of any of the foregoing changes, you will
remain liable to us for any and all charges for use of the service.
d. When you subscribe to our Service, you
authorize us to charge your credit card. This authorization will remain valid
until 30 days after your account is closed.
20. MISCELLANEOUS
a. Governing
Law and Severability The laws of the State of Texas, U.S.A., will apply to this
Agreement, without giving effect to principles of conflict of laws. If any
provision of this Agreement is invalid or unenforceable in whole or in part,
the validity of other provisions of this Agreement and remainder of the
relevant provision shall not be affected. Headings are for convenience only and
shall not affect construction.
b. Mandatory
Arbitration and No Jury Trial Any dispute or claim between you, any member of
your household or any guest or employee of you and us arising out of or
relating to the Service will be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules. The arbitration will take place in Texas. The
arbitrator's decision will follow the plain meaning of the relevant documents,
and will be final and binding. Without limiting the foregoing, the parties
agree that no arbitrator has the authority to: (i) award relief in excess of
what this Agreement provides; or (ii) award punitive or exemplary damages.
Judgment on the award rendered by the arbitrators may be entered in any court
having jurisdiction thereof. REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be
arbitrated individually. You shall not bring, or join any class action of any
kind in court or in arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. THIS
ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN
AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS
IN, TEXAS.
c. No Waiver of
Rights Our
failure to exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision.
d. Entire
Agreement
This Agreement constitutes the complete and exclusive agreement between StarView
and you with respect to the subject matter hereof, and supersedes all prior or
contemporaneous oral or written communications, proposals, representations,
understandings or agreements not specifStarViewy incorporated herein. This
Agreement may not be amended except in a writing duly signed by an authorized
representative of StarView and you.
e. StarView Refers to the company
established under the laws of Texas, USA, with its address at: 3811 Bee Caves
Road, Suite 100, Austin, Texas 78746.