StarviewMaster-Low-Res - Small

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: 


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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.