Table of Contents
- License Grant
- License Restrictions
- Restrictions on Use of Materials
- Purchase of Services
- Text Messaging
- Marketing-Related Information
- Modification
- Submission of Information
- Privacy Notice
- Links
- Indemnity
- Governing Law
- Arbitration and Class Action Waiver
- Limitation of Liability and Disclaimer
- Termination of Agreement
- Copyright Infringement Claims
- Miscellaneous
- Contact Us
Star Promotion Agency Terms and Conditions
IMPORTANT LEGAL NOTICE: This website ("Website") is operated by Star Promotion Agency. PLEASE READ THIS TERMS OF USE AGREEMENT ("Terms" or "Agreement") CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.
These Terms of Use form a legal agreement between you and us regarding your use of the Website, along with the related services, features, content and offers provided on the Website. These Terms of Use also include a mandatory arbitration clause and class action waiver.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. Your use of this Website, or purchase or use of any of Star Promotion Agency's products or services, constitutes your agreement to these Terms of Use.
Star Promotion Agency reserves the right, in its sole discretion, to make changes to our Website, these Terms, the policies and conditions that govern the use of our Website, and an individual's access to this Website at any time, or to terminate this Website without notice. It is recommended that you periodically read these Terms for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes.
License Grant
This Website is provided by Star Promotion Agency, and these Terms provide to you ("you" or "user") a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Website conditioned on your continued compliance with these Terms.
License Restrictions
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by these Terms, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (3) access, link to, or use any source code from the Website (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
Restrictions on Use of Materials
These Terms provide only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that Star Promotion Agency transfers no ownership or intellectual property interest or title in or to this Website to you or anyone else. All materials, including without limitation, graphics, images, HTML codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Website are the copyrighted property of Star Promotion Agency, or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names shown on this Website are proprietary to Star Promotion Agency, or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Website will violate intellectual property rights. All rights not expressly granted in these Terms of Use are reserved to Star Promotion Agency or its affiliated companies and/or third-party licensors, whichever is the owner of any specific material.
As such, no material from this Website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website, without the written permission of Star Promotion Agency or the respective owner of the trademark.
The use of any such material on any other website or computer environment is prohibited. Moreover, you may not use any automated means to access, acquire, copy, or monitor any portion of this Website, attempt to gain unauthorized access, probe or test vulnerabilities, reverse look-up user information, impose unreasonable loads on our infrastructure, interfere with proper Website functioning, forge headers or identifiers, harvest contact information, or use this Website in any unlawful manner.
COPYRIGHT PROTECTION: Copying or reproducing any services, programs, products, information, or materials provided by Star Promotion Agency to any other server or location for further reproduction or redistribution is expressly prohibited.
Star Promotion Agency cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading.
Purchase of Services
You may be provided with the opportunity to purchase services through the Star Promotion Agency Website or from third-party websites linked to the Star Promotion Agency Website. In addition, some services that you purchase from the Star Promotion Agency Website may be processed by third parties, such as social media analytics tools or content creation platforms. These products and services are not provided by Star Promotion Agency. Products and services purchased through or provided by third-party websites are subject to the terms and conditions of such third parties and their websites, and Star Promotion Agency shall have no liability or responsibility for such purchases.
Text Messaging
Star Promotion Agency offers text messaging services for Marketing and for Client Communications. These programs are operated separately. By consenting to any of Star Promotion Agency's text messaging services, you agree to receive recurring automated promotional and personalized marketing SMS and MMS text messages (e.g. campaign reminders) with service, transaction, account-related, promotional and commercial news and alerts from Star Promotion Agency to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list.
You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using automated technology, including through an automatic telephone dialing system. Message frequency will vary. Standard message and data rates may apply from your carrier. Consent to receive text messages is not required as a condition of use/purchase. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to text messages, including charges from your mobile carrier.
Star Promotion Agency reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Star Promotion Agency, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Unsubscribe from Marketing SMS and MMS Text Messages
You can unsubscribe from receiving text messages from the Star Promotion Agency Marketing program at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from Star Promotion Agency directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Star Promotion Agency. You may receive one final text message from Star Promotion Agency confirming your request. For help, reply HELP to any text message you receive from Star Promotion Agency or contact us at (213) 555-7890.
Unsubscribe from Client Communication SMS and MMS Text Messages
You can unsubscribe from receiving text messages from Star Promotion Agency Client Communications at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from Client Communications directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Client Communications. You may receive one final text message from Client Communications confirming your request. For help, reply HELP to any text message you receive from Client Communications or contact us at (213) 555-7890.
Marketing-Related Information
The statements on this Website and any materials or services distributed or sold by Star Promotion Agency have not been evaluated by any regulatory agency. Neither the services nor the strategies in any of the services available on the Website have been approved or endorsed by any regulatory agency. The services on the Website are not intended to guarantee specific results. The information on this website, in Star Promotion Agency emails or text messages, are designed for educational purposes only and is not intended to be a substitute for professional marketing or business advice. This information should not be used to make business decisions without consulting with a qualified marketing professional.
While the advice of our social media specialists is based on their knowledge and experience, their advice and recommendations are not intended to replace the advice of your marketing consultant. You are encouraged to seek advice from a competent marketing professional regarding the applicability of any recommendation with regard to your specific business needs.
Age Restriction: These services are not intended for use by persons under 18 years of age unless expressly stated on the service description, and then only under adult supervision.
Modification
Star Promotion Agency reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, services, prices of products and services, or information appearing on or available through the Website, with or without notice to you. You agree that Star Promotion Agency shall not be liable to you or any third party for any modification or discontinuance of such features, products, services, prices, or information on the Website or the Website itself.
Submission of Information and/or Material
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Star Promotion Agency reserves the right to terminate immediately your access to and use of this Website. In addition, you agree that you will not make any transmission or submission to this Website that violates any laws or regulations or infringes or violates the rights of any person or entity.
By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to the Website, chat rooms, message or discussion boards or other forums, or in contests or sweepstakes, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant Star Promotion Agency a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate, edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed, and you waive any and all moral rights in the Submissions.
Privacy Notice
Certain registration data and other information about you is subject to our Privacy Notice. Please review the full Privacy Notice for details on how we collect, use, and protect your personal information.
Links
The Star Promotion Agency Website provides links to other third-party websites and resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Star Promotion Agency is not responsible for the availability of such external websites or resources, and does not endorse any such website or resource, its use or contents, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Star Promotion Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external websites or resources.
Indemnity
You agree to indemnify and hold harmless Star Promotion Agency, our related companies and each of our and their respective directors, officers, employees, agents, affiliates, third-party information providers, licensors, contractors, and others involved in the delivery of products, services or information through the Website (collectively, "Indemnified Parties"), from any claim, loss or damage arising from, in connection with, or relating to, any unauthorized use of the Website or breach of these Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys' fees, and litigation expenses of the Indemnified Parties in connection therewith.
Governing Law
This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its or any jurisdiction's conflict of laws provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, state of California, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement.
To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access to or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
Arbitration And Class Action Waiver
IMPORTANT ARBITRATION NOTICE: BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Any controversy or claim arising out of or related to the use of the Website that cannot be resolved through an informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the COUNTY OF LOS ANGELES, CALIFORNIA, UNITED STATES OF AMERICA, but may proceed telephonically (if the claimant so chooses).
IF YOU INITIATE AN ARBITRATION, STAR PROMOTION AGENCY WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED ONCE YOU HAVE NOTIFIED STAR PROMOTION AGENCY IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and may be conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis.
Limitation of Liability and Disclaimer
You expressly agree that use of our Website is at your sole risk and the Website is provided on an "as is" and "as available" basis to the fullest extent permissible pursuant to applicable laws.
Star Promotion Agency and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, "Affiliates") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Star Promotion Agency and its Affiliates make no warranty, express or implied, that the Website or any services, products, or information obtained on or through the Website will meet your requirements or will be uninterrupted, timely, secure, or error free.
LIABILITY LIMITATION: UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
Termination of Agreement or Account
These Terms will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Website, whichever is earliest. Star Promotion Agency reserves the right at any time and for any reason to deny you access to this Website or to any portion thereof, and Star Promotion Agency shall have the right to immediately terminate a user's account in the event of any conduct by a user which Star Promotion Agency, in its sole discretion, considers to be unacceptable, or in the event of any breach of these Terms by a user.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our Website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Star Promotion Agency's Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent to ONLY our Designated Agent.
The Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists;
- A clear description of where the infringing material is located on our Website, including as applicable its URL;
- Your contact information, including your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Infringement Claims
Star Promotion Agency Legal Department
8900 Sunset Blvd
Los Angeles, CA 90069
United States
Email: [email protected]
Miscellaneous
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Star Promotion Agency of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
These Terms, the Star Promotion Agency Privacy Notice, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Star Promotion Agency with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Star Promotion Agency, with respect to this Website.
Contact Us
Should you have other questions or concerns about these legal notices or the practices of this Website, or if you are interested in reprinting any of the content of this Website, please contact us at:
Star Promotion Agency Legal Department
Address:
8900 Sunset Blvd
Los Angeles, CA 90069
United States
Phone: (213) 555-7890
Email: [email protected]
General Inquiries: [email protected]