5Starz Technologies Ltd. (“5Starz”, “we”, “us”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our website at https://he.the5starz.com/, in which Users may receive products based on their interests and provide authentic reviews on such products. You may use the Service (as further described in Section 2) in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms. By entering to, connecting to, accessing or using our website and Service you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service. You acknowledge that these terms constitute a binding and enforceable legal contract between 5Starz and you. By accepting these Terms, you represent that any and all information you provide through the Service, is true and accurate. Any false, fraudulent or misleading information is strictly prohibited. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR SERVICE. The Service is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder. If you are between the ages of sixteen (16) and eighteen (18), you represent that your legal guardian has reviewed and agreed to these Terms. Please note that we reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Service. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Service, we may block such User from accessing the Service.
2. Our Service. Upon creating an Account (see Section 4 below), you will be asked to provide us with certain information regarding your interests, preferences and habits, for us to be able to offer you products of various brands (“Products” and “Brand(s)”, respectively) for the purpose of your personal honest evaluation and review. The Products are manufactured, owned, and provided by the applicable Brands. Once you show interest in an offered Product and provide a delivery address, we will notify the Brand to deliver you the Product and keep you updated in the shipping process. We cannot guarantee that Product that may be of interest will be offered to your, or that “ordered” Products will be delivered you. The Products are provided to you solely for the purpose of receiving your personal honest review and input as a consumer, and not for any other purpose (including, for the avoidance of doubt, any commercial purposes). In the event that you receive the Product but do not
provide a Review strictly is accordance with the Guidelines (both as defined below), or
provide a Review by the designated delivery time, or
provide a Review at all, then You shall immediately upon demand return the Product (at your own cost and expense) to the address indicated in the Guidelines or as otherwise notified to you in writing. This obligation is without prejudice to any claims or rights we or the Brands may have under applicable law.
You hereby represent and warrant that (i) subject to receipt of a Product, you will provide an honest review, comment, post, video, text, material, and/or feedback of the Product in the requested format, in accordance with the review guidelines (the “Review” and the “Guidelines”, respectively) and within the response due date, (ii) the Review shall be based solely on your personal use of the Product, (iii) you will not transfer or sell the Product to any third Party, (iv) the Review will be submitted via our website, or any other means explicitly identified in the applicable Guidelines, (v) you will not receive any form of consideration from the applicable Brand, or any third party, in connection with your Review, (vi) you will not engage directly with the Brands for the purpose of providing Reviews, or additional content, without our prior written consent, (vii) you will have no expectation of receiving any complimentary products, samples, other promotions or giveaways on the basis of your Review and/or in connection with your Review, and (viii) your Review (whether positive or negative) will be clear, accurate and respectful.
You hereby acknowledge and confirm that we or the respective Brand may elect not to submit, use, publish, present, or otherwise make available any of your Reviews. Any use by us or the Brands of your Reviews shall be done in accordance with our, or the Brand’s sole discretion. For example, your Review may be published on our or the Brand’s websites or social network accounts. Note that we require the Brands not to use your Review(s) for any illegal purposes. For additional terms and conditions governing your Reviews, please see the “Reviews” Section below.
You hereby represent any warrant that (i) any Reviews provided by you are fully owned by you, do not infringe any third party’s rights, and do not violate any applicable law or regulation, (ii) you have received any permits, consents, authorizations, licenses or otherwise that may be required for the intended uses of your Reviews as contemplated in these Terms (including, without limitation, obtaining waivers and consent letter with respect to photos, images, names, identifiable data and/or data of minors that may appear in connection with the Reviews).
YOU SHALL REMAIN FULLY RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU INCLUDE IN YOUR REVIEWS.
All right, title and interest in and to the Service, including all intellectual property rights therein or related thereto, are owned by us.
The Service may include information regarding 5Starz and its services, news regarding 5Starz, Products and Brands, job opportunities, videos, texts, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Service, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Service (the “Company Content”).
WITHOUT PREJUDICE TO ANY OTHER WARRANTIES, REPRESENTATIONS AND/OR DISCLAIMER PROVIDED UNDER THESE TERMS –
BRAND PRODUCTS – 5STARZ DOES NOT IN ANY WAY ENDORSE ANY PRODUCT PROVIDED BY THE BRANDS IN CONNECTION WITH THE SERVICE, AND IS NOT AFFILIATED WITH ANY OF THE BRANDS. THE BRANDS PRODUCTS OR SERVICES ARE NOT OWNED OR CONTROLLED BY 5STARZ, BUT RATHER THE BRANDS THEMSELVES. 5STARZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR ANY INFORMATION PERTAINING THERETO (INCLUDING THOSE PERTAINING TO QUALITY, SAFETY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR LEGALITY). THE USER HEREBY RELEASES THE COMPANY FROM ANY CLAIMS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, CLAIMS, LIABILITIES, COSTS, HARM, INCONVENIENCES, BUSINESS DISRUPTIONS OR EXPENDITURES OF ANY KIND THAT MAY ARISE AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE PRODUCTS. ANY LEGAL CLAIM RELATED TO A PRODUCT (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION CLAIMS, PRODUCT LIABILITY CLAIMS, OR UNDER ANOTHER LEGAL THEORY OF LIABILITY MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE BRAND.
SUSPENTION OR TERMINATION OF ACCOUNT. AT OUR SOLE DISCRETION, WE RESERVE THE RIGHT TO BLOCK OR SUSPEND, WITHOUT NOTICE, ANY USER WHO ACTED NOT IN ACCORDANCE WITH THE TERMS, ANY GUIDELINES PROVIDED WITH RESPECT TO A CERTAIN PRODUCT, ANY RULES OF CONDUCT PUBLISHED ON OUR WEBSITE AND/OR IN AN ILLEGAL, FRAUDULENT, OR IMMORAL MANNER. THE COMPANY SHALL, AT ITS SOLE DISCRETION, DECIDE WHETHER TO RESTORE SUSPENDED OR BLOCKED ACCOUNTS, TAKING INTO CONSIDERATION, INTER ALIA, THE REPUTATION OF THE SERVICE, 5STARZ AND/OR THE BRANDS. THIS SANCTION DOES NOT LIMIT ANY REMEDIES THAT MAY BE AVAILABLE TO 5STARZ BY LAW.
PROHIBITED CONTENT. YOU HEREBY AGREE THAT YOU WILL NOT POST OR UPLOAD, PUBLISH, SUBMIT OR TRANSMIT ANY INFORMATION, MEDIA, CONTENT, OR REVIEWS CONTAINING UNLAWFUL, DEFAMATORY, LIBELOUS, OFFENSIVE, OBSCENE, PORNOGRAPHIC, INDECENT, HARASSING, THREATENING, ABUSIVE, FRAUDULENT OR OTHERWISE INAPPROPRIATE CONTENT (THE “PROHIBITED CONTENT”). PLEASE CONTACT US IN THE EVENT YOU ENCOUNTER PROHIBITED CONTENT OR ANY OTHER CONTENT THAT INFRINGES THE RIGHTS OF THIRD PARTIES. THE USER HEREBY WAIVES HIS/HER RIGHTS OR REMEDIES AGAINST 5STARZ IN REGARD TO PROHIBITED CONTENT.
AS-IS BASIS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICE, THE COMPANY’S CONTENT AND ANY INFORMATION DISPLAYED ON OUR WEBSITES THAT WERE PROVIDED BY THIRD PARTIES ARE PROVIDED ON AN “AS IS” BASIS. 5STARZ WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THESE TERMS. YOUR USE OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK.
LACK OF AVAILABILITY. THE SERVICE’S AVAILABILITY AND FUNCTIONALITY DEPEND ON VARIOUS FACTORS, SUCH AS COMMUNICATION NETWORKS. 5STARZ DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE AND/OR BE AVAILABLE AT ALL TIMES WITHOUT DISRUPTION OR INTERRUPTION, OR THAT IT WILL BE ERROR-FREE.
PRODUCT AVAILABILITY. PLEASE TAKE INTO CONSIDERATION THAT (A) BRANDS MAY CANCEL OR WITHDRAW THEIR REQUEST FOR USER REVIEWS AT ANY TIME, (B) PRODUCTS MAY RUN OUT OF STOCK AND/OR BE UNAVAILABLE FOR DELIVERY FOR ANY REASON. YOU HEREBY WAIVE ANY CLAIMS OR DEMANDS TOWARDS THE COMPANY WITH RESPECT TO PRODUCT AVAILABILITY AND/OR DELIVERY.
3. The Reviews -You retain copyright and any other intellectual property rights in your Reviews. Subject to the license granted by you in this paragraph, we do not claim ownership of your Reviews. By posting, submitting, displaying, uploading, transferring, sending, publishing or otherwise making available any Reviews on or through our Service, website, platform, or any other method requested from you, you are granting us a non-exclusive, perpetual, worldwide, fully paid up, royalty-free and irrevocable license to use, exploit, copy, perform and display publicly, distribute, and prepare derivative works of any Reviews, in any media now known or developed in the future. The foregoing license includes the right to sublicense the Reviews (or any part thereof) to applicable Brands and/or any third party, at the sole discretion of the Company. You hereby agree and acknowledge that you are not, and shall not be entitled to any consideration, compensation, royalties, or any other sums with respect to any use of your Reviews. You hereby waive towards 5Starz any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, rights of publicity, the display of your name, image, photo or likeness) arising out of any use, alteration, distortion or illusionary effect, or any other use of the Reviews. This waiver also includes any moral rights or author rights that you may have in connection with the Reviews.
DO NOT USE THE SERVICE IF YOU DO NOT WANT YOUR REVIEWS TO BE USED OR MADE AVAILABLE TO THE GENERAL PUBLIC IN ACCORDANCE WITH THESE TERMS.
4. User Account – Users who wish to enjoy the full scope of our Service create an account (“Account”). Registration can be done by completing the registration form on our website. You may also register with one of your existing third party accounts (e.g. Facebook, Instagram, Google+), as further detailed in the Privacy Policy. You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information (as such term is defined in our Privacy Policy) you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of 5Starz.
We will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information s/he has obtained from you or by your violation of these Terms, or for any unauthorized use of your Account or any other breach of security.
If you wish to either change your user name or password to log-in, or cancel and remove your Account, you may use the setting menu or you can send us an e-mail of your request to: legal@the5starz.com. Your Account will terminate within reasonable time following your request to terminate your Account.
IMPORTANT: YOUR ACCOUNT MAY BE CANCELLED OR SUSPENDED IN CERTAIN CERCUMSTANCES, AS CLARIFIED IN SECTION 2 ABOVE.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US OR OTHER INFORMATION IN CONNECTION THEREWITH. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
5. Use Restrictions – There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result (at 5Starz’s sole discretion) in the termination of your Account and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by 5Starz, you may not (and you may not permit anyone to):
(a) use the Service, the Company’s Content and/or the Reviews for any illegal, immoral, unlawful and/or unauthorized purposes;
(b) use the Service, the Company’s Content and/or Review for non-personal or commercial purposes;
(c) remove or disassociate, from the Company’s Content and/or the Service any restrictions and signs indicating proprietary rights of 5Starz or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
(d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Service and retrieve, index and/or data-mine information;
(e) interfere with or disrupt the operation of the Service or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
(f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about us, our Service and/or the Brands;
(g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Service’s infrastructure, as determined by us;
(h) bypass any measures we may use to prevent or restrict access to the Service;
(i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by 5Starz on or through the Service, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Company Content;
(j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to 5Starz ‘s proprietary rights, including 5Starz ‘s Intellectual Property (as such term is defined below), in any way or by any means;
(k) make any use of the Company Content on any other site or networked computer environment for any purpose without 5Starz’s prior written consent;
(l) create a browser or border environment around 5Starz Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or the Content and/or Company services;
(n) frame or mirror any part of the Service without 5Starz’s prior express written authorization;
(o) create a database by systematically downloading and storing all or any of the Company Content or Content;
(p) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(q) use the Service for any purpose for which it is not intended; and/or
(r) breach and/or violate any of the Terms.
6. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access, or use the Service. Our policy and practices and the type of information collected are described in detail in our Privacy Policy which is incorporated herein by reference. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. If you intend to connect to, access or use the Service you must first read and agree to the Privacy Policy.
7. Trademarks and Trade names
“5Starz” and all logos and other proprietary identifiers used by 5Starz in connection with our Service (“5Starz Trademarks”) are all trademarks and/or trade names of 5Starz, whether or not registered. All other trademarks, service marks, trade names and logos which may appear in the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to 5Starz Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to 5Starz Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
8. Intellectual Property Rights
The Service, the Company’s Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to 5Starz with respect to the Service (“Feedback”), 5Starz shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any 5Starz current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require 5Starz to comply with any additional obligations with respect to any 5Starz current or future products, technologies or services that incorporate any Feedback.
9. Linking to our Service; Links to Third Party Sites
We welcome links to any page on our Service. You are free to establish a hypertext link to the Service so long as the link does not state or imply any connection or approval of your website, Products and/or services by 5Starz, and does not portray 5Starz in a false or otherwise offensive manner. You may not link to our Service from a site that you do not own or have permission to use. In the event that you link to 5Starz’s Service you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Service and enter non-5Starz sites or services (including but not limited to social networks). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of 5Starz and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, 5Starz is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. 5Starz reserves the right to terminate any link at any time. You further acknowledge and agree that 5Starz 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 use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
10. Changes to The Service
5Starz reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Company’s Content provided under this Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that 5Starz shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Service, or the Company’s Content included in therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
11. Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICE ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND 5STARZ, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “5STARZ’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THESERVICES, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICE (INCLUDING THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS). 5STARZ AND 5STARZ’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND/OR INFORMATION DISPLAYED WITHIN THEM.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY PRODUCTS PROVIDED BY ANY BRAND, PERSON OR ENTITY (AS FURTHER CLARIFIED IN SECTION 2 ABOVE).
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SERVICEAND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
12. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL 5STARZ, INCLUDING 5STARZ’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE, SERVICE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF 5STARZ TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF 5STARZOR 5STARZ’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER 5STARZ OR 5STARZ’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, 5STARZ AND 5STARZ’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR WEBSITE, THE SERVICE, THE COMPANY’S CONTENT OR ANY PRODUCTS SHALL BE THE HIGHER OF USD $1 OR THE PAYMENT MADE BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICE.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
13. Indemnification
You agree to defend, indemnify and hold harmless 5Starz, including 5Starz Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use, misuse of, inability to use and/or activities in connection with the Service, the Company’s Content and/or the Products;
(ii) your violation of any of these Terms;
(iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party;
(iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service and/or your Reviews;
(v) any shipping costs related to Products for which Reviews were not provided in accordance with these Terms; and
(vi) any Prohibited Content that may be uploaded, submitted or published by you. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
14. Amendments to the Terms
5Starz may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Service and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Service or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
15. Termination of Contractual Relations
5Starz may, at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information or Content from the Service or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that 5Starz does not assume any responsibility with respect to, or in connection with the termination of the Service’ operation and loss of any data.
These Terms bind you as long as you use the Service, and unless your access was blocked by the Company.
Upon termination of these Terms, for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
16. General
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company
(b) any claim relating to the Service or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied
(c) any dispute arising out of or related to the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, 5Starz may seek injunctive relief in any court of competent jurisdiction
(d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto
(e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof,
(f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE, TO PRODUCTS SOLD DIRECTLY BY 5STARZ (IF ANY) AND/OR TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED,
(g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein
(h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification
(i) no amendment hereof will be binding unless in writing and signed by 5Starz, and
(j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
17. For information, questions or notification of errors, please contact:
In order to contact us via the Service, you may complete any contact forms or use any chat alternatives available therein (which require your name, e-mail address and your message).
You may also send us an e-mail directly to legal@the5starz.com.
