ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.startific.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
This User Agreement ("Agreement" or "User Agreement") is a contract between you and www.Startific.com, and applies to your use of the Startific service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Startific," "we" or "our" will refer collectively to www.Startific.com. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Your access to and use of Startific.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Startific.com reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Startific.com shall not be liable to you for any such change or removal and.
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Startific.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
You understand that most icons and widgets are provided by third party developers, not Startific, and that Startific is not responsible for the content or performance of the icons and widgets. Data entered in these widgets will go to the widgets’ developers – not to Startific. Icons and Widgets may cease to be available at the discretion of the widgets’ developers, and of Startific
Startific may change its technical processes for rendering widgets at its discretion, and may cease to deliver a widget if the widget violates the law or Startific’s policies, or at Startific’s discretion. You agree that you will remove a widget from your site or directory if you become aware that the widget violates copyright or any other law, or if Startific notifies you that the widget violates Startific’s policies.
By providing the widget, Startific does not endorse or otherwise affiliate itself with your webpage. You may not display the widget in a way that implies such an endorsement or affiliation.
You may not display the widget on a site containing content that is pornographic; that promotes or incites hatred or violence; that invades personal rights including rights of privacy; that violates any law including intellectual property laws; or that interferes with the functioning of other webpages.
In the event of a legal claim against Startific arising from your use of the syndicated widgets, you agree to indemnify Startific for all liability and expenses incurred as a result of that claim.
You may act as an intermediary, offering widgets for syndication to web pages controlled by third party developers. If you do so, you must provide the third party developers with these Terms of Service so they are aware of their contractual obligations to Startific. You may not structure your service to discourage compliance with these Terms.
It is not our responsability if you modify, remove a text, code, link of a widget or other promotional text or images provided by the developer of the widget and code. If your site shows a list or directory of widgets, you must provide attribution that identifies widgets. You understand and agree that Startific retains the option to replace or modify space, code, text, image, including advertising or promotional content, that occupies the same space and position on your page when you display the widget.
You may post and share Your Content by creating a Public Page, by posting a Widget, Icon, background wallpaper. You understand that you share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for said Content. You shall verify that Your Content is in compliance with the our agreement and, more generally, is not harmful or unlawful.
You understand that you may not request any payment from Startific for posting or sharing Your Widget, Icons or Content.
You expressly grant Startific the right to, directly and indirectly, distribute Your Public Page, Your Widgets, and Your Icons. The company may distribute Your Content for both commercial and non-commercial uses without being liable to any payment or indemnification of any kind by Startific to you. You agree that Startific distributes Your Widgets either directly,or indirectly, and shall, at its sole discretion, decide whether or not it will distribute Your Content (and how it will do so), select its commercial partners, and determine all the terms and conditions of said distribution. If you disagree with any of the above, you shall not post Widgets or Icons on Startific, nor a Public Page.
Although you may provide for paid access to Your Content or place monetization tools (including, but not limited to, advertisement and sponsored flux) within Your Content, you may never cause the same, directly or indirectly, to the Container of Your Widget, which remains the sole property and technology of Startific. Any attempt to do otherwise will be a material breach of the TOS and you would be held fully responsible. Startific may modify, without notice, the Container of Your Widget to add or suppress content of its choice, including the phrase "Powered by Startific" or advertisements.
Further and more generally, you shall never, at no time and under no circumstance, attempt to monetize, in whole or in part, any Startifics property or technology, without prior written authorization from Startifics.
By submitting payment information through the Service you agree to the terms and conditions of this Agreement, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and Startific, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Startific. This Agreement is subject to change by Startific without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Startific website. Descriptions of material amendments to this Agreement will be posted in advance on the Startific website in the "Policy Updates" section that is displayed to you when you log in to your account. You can also set your Preferences to receive e-mail notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include Visa- and MasterCard-branded debit cards.
Startific Free Trial. From time to time, Startific may, in its sole discretion, offer a one-time, free trial to first-time Startific subscribers ("Free Trial"), which provides listeners with the benefits of a Subscription for no charge during the designated Free Trial period. The length of any Free Trial period may vary. Unless otherwise stated in the applicable Free Trial offer, if you are a current subscriber or have previously participated in a Free Trial, you are not eligible to receive a Free Trial. During the Free Trial, you will receive the benefits of a Startific Subscription for no charge. Prior to or upon expiration of the Free Trial period, Startific may, in its sole discretion, notify you that your Free Trial is about to expire or has expired, and ask if you wish to purchase a Subscription. Free Trials are subject to these Startific Terms, to the extent applicable. Free Trials may also be sponsored by an individual advertiser or group of advertisers. In such cases, your Free Trial of the Startific Service may contain or display branding, advertising, or limited audio advertising from the sponsors of the Free Trial.
To purchase a Startific Subscription, you must be:
Legally capable of entering into a binding contract; andbAt least 18 years of age (or if between 13 and 18 years of age, you must have the consent of a parent or legal guardian).
You will be asked to provide valid registration information, a valid payment method, and other payment information at the time you purchase a Subscription.
The day that you register for and purchase or activate your Subscription ("Activation Date") is the first day of your billing cycle. Your Subscription will expire after the amount of time set forth in your subscription as calculated from the Activation Date, unless you renew it automatically or manually in accordance with the terms of your Subscription.
By purchasing or activating a Subscription, you authorize Startific to charge the stated Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. If you elect automatic renewal, you also authorize Startific to charge the then-current Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes, at the end of your Subscription Term.
Startific may change the subscription fee amount for new or renewal Subscription Terms upon 30 days' prior notice to you via email. Any changes to the subscription fee will be effective upon your next billing cycle, and will not apply retroactively orto the remainder of your current Subscription Term.
Unless you unselect the "Auto-Renew" option , your Subscription will automatically renew at the end of each Subscription Term unless you terminate your Subscription prior to expiration of the then-current Subscription Term. At the time of renewal, Startific will charge the credit card you provided on the Activation Date, unless you provide us with an alternate payment method prior to expiration of the then-current Subscription Term.
You are permitted to print and download extracts from the Website for your own use on the following basis: .(a) no documents or related graphics on the Website are modified in any way
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. .
Subject to the clause above, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
Any rights not expressly granted in these terms are reserved.
You are prohibited from posting or transmitting to or from the Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
You may not misuse Startific.com (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of the clauses listed in this Agreement
. All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Startific.com or otherwise used by Startific.com as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Startific.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Startific.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Startific.com for death or personal injury as a result of the negligence of Startific.com or that of its employees or agents.
Startific, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this legal notice shall exclude or limit the Company's liability for:(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so subject to the following conditions:(a) you do not remove, distort or otherwise alter the size or appearance, of logo, links of widgets or any of its associated subsidiary or affiliated companies;
The Company expressly reserves the right to revoke the right granted in clause above for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of the above clauses.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time. The changes will become effective, and shall be deemed accepted by you. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
You agree to indemnify and hold Startific.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Startific.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Romanian Court and Justice System, only at our location. By registering ,logging into Startific.com or just using the Website indicates that you accept and agree to all of these Terms and Conditions
Versioning July, 2012