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Michael Stars welcomes you to its online service. Michael Stars, Inc.,
its subsidiaries and affiliated companies, (collectively "Michael Stars")
maintain this site (the "Site") to provide the variety and personal
service you've come to expect with online convenience (the "starService").
Please feel free to browse the Site. Your access to and use of the Site
and the starService is subject to these Terms of Use and all applicable
laws. By accessing and browsing the Site and/or utilizing the starService,
you accept, without limitation or qualification, these Terms of Use
which may be modified from time to time. You may review the most current
version of the Terms of Use at any time at http://www.michaelstars.com/.
Any new features that augment or enhance the current starService shall
be subject to the Terms of Use. If you do not agree to these Terms of
Use, you may not access certain portions of the Site and may not use
the starService.
Terms of Use
1. starServices
As a visitor to the Site, you are free to browse the various web-enabled
services that we proudly call the starService. Material
available on the Site may be referred to as "Licensed Content." You
may view but not download, reproduce or otherwise use the Licensed Content.
We are proud of our merchandise and from time to time may include in
the Site photographs provided by you. You hereby consent to and authorize
Michael Stars to reproduce any photographs created by you and display
them on the Site and in other marketing or promotional materials. Michael
Stars cannot ensure or warrant the security of any material you transmit
and your submission of all information is at your own risk.
2. Credit
Your right to use the starService is subject to any limits established
by Michael Stars or by your credit card issuer. If payment cannot be
charged to your credit card or your charge is returned to Michael Stars
for any reason, including chargeback, in addition to any other rights
it may have, Michael Stars reserves the right to either suspend or terminate
your access and account, thereby terminating all obligations of Michael
Stars hereunder.
Michael Stars reserves the right to establish a credit limit (the "Ceiling")
for you. If your account reaches the Ceiling at any time, you agree
that Michael Stars may, at its option, either bill your credit card
for all unpaid charges on the account in excess of the Ceiling, or suspend
or terminate your access and account until such time as your credit
is re-established.
3. Registration Obligations/Password and Account Security
If you so choose, you may register and elect to save your personal information.
You agree to: (a) provide true, accurate, current and complete information
(such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete.
You will receive a password and account designation upon completing
the starService registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree
to (c) immediately notify Michael Stars of any unauthorized use of your
password or account or any other breach of security, and (d) ensure
that you exit from your account at the end of each session. Michael
Stars is not liable to you or any third party for any loss or damage
arising from any failure to comply with these provisions.
Your Michael Stars account information and profile are unique to you
and password protected so that, other than Michael Stars employees who
need to know, only you have access to this information. Although we
have taken these precautions, no security system is impenetrable. We
recommend that you do not divulge your password to anyone. Remember
to sign out of your Michael Stars account and close your browser window
when you have finished. This is to ensure that others cannot access
your information. If you have reason to believe that your account is
no longer secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of your ID, password, or any credit, debit or charge
card number stored on the starService), you must promptly change your
password and notify Michael Stars of the problem to avoid possible liability
for any unauthorized charges to your account.
For security purposes, online orders, including name, address and credit
card information, are encrypted with SSL or Secure Socket Layer technology.
In order to activate this encryption technology, you will need to utilize
a browser such as Netscape Navigator or Microsoft Internet Explorer®
at version 4.0 or higher. We recommend that you choose a browser with
strong encryption capabilities. Unfortunately, no data transmission
over the Internet can be guaranteed to be 100% secure. As a result,
while we strive to protect your personal information, Michael Stars
cannot ensure or warrant the security of any information you transmit
to or from our online products or services and your submission of all
information at your own risk. Once we receive your transmission, we
make every effort to protect its security on our systems.
4. Privacy
Michael Stars values its relationship with visitors and customers and
therefore makes every effort to safeguard personal information while
also making product and service information available to our customers.
Michael Stars collects information in several ways from different parts
of the Site. For example, personal information would be collected if
you place an order, were to enter a sweepstakes, contest or promotion
sponsored by Michael Stars and/or its partners, or when you ask a question
or report a problem with the Site or the starService. If you contact
Michael Stars, starService may keep a record of that session or correspondence.
Michael Stars may also occasionally ask users to complete surveys for
research purposes. At present, registration is optional; however in
the event registration is required in the future, personal information
such as name, address, email, telephone and facsimile number, billing
and credit card or other account information, would be gathered just
as if you telephoned or contacted Michael Stars via facsimile or regular
mail.
Michael Stars may use "cookies" for various purposes, including to secure
your transaction activities and enhance the performance of the Site
and starService. A cookie is a small amount of identifier data that
is sent to your browser from a Michael Stars web server and stored on
your computer's hard drive. Generally, Michael Stars may use cookies
to: (a) remind it of who you are and to access your account information
(if stored on its computers) in order to deliver to you more personalized
service and/or (b) estimate its audience size. By determining the nature
and extent of repeat usage, Michael Stars will be able to (c) target
information to you based upon your interests and behaviors; (d) track
your progress and number of entries in promotions, sweepstakes and contests;
(e) measure certain traffic patterns to understand how users' habits
are similar or different from one another, all so that Michael Stars
may improve its starService. Michael Stars also collects IP addresses
for system administration to include them in outgoing mail message headers.
Michael Stars may also research its users' demographics, interests and
behavior based on the information provided upon registration, during
a promotion, from its server log files or from servers, to better understand
its users. As Michael Stars grows to improve your e-tail experience,
Michael Stars may share this information from time to time with a subsidiary,
affiliate, third parties providing services on its behalf, sponsors
of certain promotions or a partner company.
Michael Stars may, from time to time, make collective customer information
available to selected third parties, but only in the aggregate and never
with both your password and account information included. By accessing
and using the starService, you agree that information you have provided
may be disclosed as described above or as may be modified from time
to time, in addition to when Michael Stars has reason to believe that
disclosing this information is necessary to identify, contact or bring
legal action to enforce any of Michael Stars' rights, including against
you or a third party for nonpayment, or violation of the Terms of Use
causing injury to or interference with its rights or property, to other
Michael Stars users or anyone else that could be harmed by such activities.
Michael Stars may disclose or access account information when Michael
Stars believes in good faith that the law requires it and for administrative
and other purposes that Michael Stars deems necessary to maintain, service
and improve our products and services and to protect our rights or property.
5. Subscriber Conduct
All information, data, messages or other materials transmitted are the
sole responsibility of the person from whom such material originated.
This means that you and not Michael Stars are entirely responsible for
all uploads and/or emails transmitted via the starService. Under no
circumstances will Michael Stars be liable in any way for your use of
any Licensed Content, including but not limited to any errors or omissions
in any Licensed Content or for any loss or damage of any kind incurred
as a result of the use of any Licensed Content emailed or otherwise
transmitted via the starService.
You agree to not use the starService to:
(a) email or otherwise transmit anything that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful or racially, ethnically
or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise
the origin of anything transmitted through the Service;
(d) email or otherwise transmit anything that you do not have a right
to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
(e) email or otherwise transmit anything that infringes any patent,
trademark, trade secret, copyright or other proprietary right ("Rights")
of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising
or promotional materials;
(g) email or otherwise transmit any material containing software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software, hardware
or telecommunications equipment;
(h) interfere with or disrupt the starService or servers or networks
connected to the starService or disobey any requirements, procedures,
policies or regulations of networks connected to stars Service;
(i) intentionally or unintentionally violate any applicable local, state,
national or international law, rules or regulations.
6. Indemnity
By accessing and using the starService, you agree to indemnify and hold
Michael Stars, its subsidiaries, affiliates, officers, suppliers, co-branders
or other partners, agents and employees, harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out
of anything you submit or transmit through the Site and/or starService,
your use of the Site and/or starService, your connection to the Site
and/or starService, your violation of the Terms of Use, or your violation
of any Rights. In the event you provide resale certificate, tax or other
information that is untrue, inaccurate, fraudulent, or is not current,
you agree to indemnify Michael Stars for and hold Michael Stars harmless
from and against any and all liability, damages, loss or expense (including
reasonable fees of attorneys and other professionals) it may incur,
including but not limited to loss of business profits, taxes, penalties
or sanctions, interest, fees, costs and expenses of any nature arising
from or related to any claim, demand, action or proceeding alleged or
initiated against Michael Stars by any third party based upon the information
you provide or your use of the Service.
7. Modifications to starService
Michael Stars reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the starService (or
any part thereof) with or without notice. You agree that Michael Stars
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the starService, subject to refund of
any prepaid fees.
8. Termination
You agree that Michael Stars, in its sole discretion, may terminate
your use of the Service, and remove and discard any materials created
or transmitted by you through the starService, for any reason, including,
without limitation, for lack of use, or if Michael Stars believes that
you have violated or acted inconsistently with the letter or spirit
of the Terms of Use. Michael Stars may also in its sole discretion and
at any time discontinue providing the starService, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of the Terms of Use may be effected
without prior notice, and acknowledge and agree that Michael Stars may
immediately deactivate or delete your account, if any, and all related
information and files in your account and/or bar any further access
to such files or the starService. Further, you agree that Michael Stars
shall not be liable to you or any third party for any termination of
your access to the starService. Upon cancellation, you will still be
obligated to pay all charges incurred and all balances due on any account.
9. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions
of sponsors, partners or advertisers found on or through the Service,
if any, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that Michael Stars shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such third parties on the Site or
through the Service. However we may be privy to and use personal information
provided by you to such parties.
10. Links
Michael Stars may permit, or third parties may provide, links to their
WorldWide Websites or resources. Because Michael Stars has no control
over such sites and resources, you acknowledge and agree that Michael
Stars is not responsible for the availability of such external sites
or resources or the content thereon and does not endorse and is not
responsible or liable for any advertising products or other materials
on or available from such sites or resources. You further acknowledge
and agree that Michael Stars 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 such goods, services
or materials available on or through any such site or resource.
11. Michael Stars' Proprietary Rights
You should assume that everything you see or read on the Site is protected
by all copyright, patent, trademark and other laws relating to the protection
of proprietary rights unless otherwise noted, and may not be used except
as provided in these Terms of Use without the express written permission
of Michael Stars. You acknowledge and agree that the Site, starService
and any necessary software used in connection with the starService ("Software"),
all images, photography, regardless of source, graphics, artwork, text,
Marks as defined elsewhere in these Terms of Use, and other information
and material found on the Site and all Marks and other intellectual
property relating thereto (all of which are included in and as the "Licensed
Content"), is owned by Michael Stars or its suppliers or partners and
contains proprietary and confidential information that is protected
by applicable intellectual property and other laws. Subject to compliance
with the Terms of Use of this Agreement, Michael Stars grants to you
a restricted, nonexclusive, non-transferable, non-sublicenseable license
to use the Site, starService, and Software solely as follows:
·
To access the Licensed Content and Software from the Site solely for
your personal and not commercial use. You may not relicense, rent or
lease the Software or use the Software for third-party training, commercial
time-sharing or service bureau use or processing data of any other entity.
·
You may not sell, distribute, transfer, modify, copy, transmit, create
derivative works, modify or publish the Licensed Content, with or without
consideration, or use the Licensed Content to compete with Michael Stars
or create your own website for use by others based on or containing
the Licensed Content that is accessible to third parties. You are authorized
to view, but not download (other than as necessary to view), reproduce
or use, any Licensed Content found on any portion of the Site. This
Agreement shall automatically terminate if you breach any provision
of this license and such breach is not cured within ten (10) days of
notice of the breach. You agree not to cause or permit the reverse engineering,
disassembly or decompilation of the Software. Michael Stars grants no
rights other than those granted explicitly herein and hereby reserves
and retains all worldwide title, copyright and other proprietary rights
in the, Site, starService and Software, including all updates and modifications
thereto. You do not acquire any rights, express or implied, in the starService,
Software or Site other than those limited rights of access specified
in this Agreement.
You further acknowledge and agree that material contained in sponsor
advertisements or information presented to you through the starService
or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized
by Michael Stars, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the starService or on
the Software, in whole or in part.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICHAEL STARS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR
ENJOYMENT OF THE SITE OR THE STARSERVICE. (b) MICHAEL STARS MAKES NO
WARRANTY THAT (i) THE STARSERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE STARSERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STARSERVICE
WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS,
STARSERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE STARSERVICE WILL MEET YOUR EXPECTATIONS. (c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STARSERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHAEL STARS OR THROUGH
OR FROM THE STARSERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS OF USE.
YOU UNDERSTAND AND AGREE THAT THE STARSERVICE IS PROVIDED "AS-IS" AND
THAT MICHAEL STARS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE
STARSERVICE INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY COLOR DEPICTIONS
OR PRICING, AVAILABILITY OF PRODUCTS SHOWN ON THE SITE, TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MICHAEL STARS SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
MICHAEL STARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE STARSERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE STARSERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE STARSERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE STARSERVICE. TO THE EXTENT THAT
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Notice
Notices to you may be made via either email or regular mail. The starService
may also provide notices of changes to the Terms of Use or other matters
by displaying notices or links to notices to you generally on the starService.
Notice or other correspondence to Michael Stars should be mailed to:
Michael Stars, Inc.
13105 S. Crenshaw Blvd.
Hawthorne, California 90250
Attention: Ecommerce Department
14. Trademark Information
Michael Stars, Mikey Stars, The Original Tee, Michael Stars Bar and
the Original Scent, as well as stylized designs of them individually
and/or as may be combined with one another, are trademarks of Michael
Stars, Inc. All trademarks and other Michael Stars logos, trade names,
trade dress, product and service names (collectively the "Marks") are
proprietary to Michael Stars, its subsidiaries and affiliates. In addition,
Michael Stars may license from third parties the rights to use their
marks on its products ("Third Party Marks"). You agree not to display
or use either the Marks or the Third Party Marks in any manner.
15. General Information
The Terms of Use constitute the entire agreement between you and Michael
Stars and govern your use of the starService, superseding any prior
agreements between you and Michael Stars. You also may be subject to
additional terms and conditions contained in our invoices or purchase
orders or terms and contracts that may apply when you use affiliate
services, third party content or third party software. The Terms of
Use and the relationship between you and Michael Stars shall be governed
by the laws of the State of California without regard to its conflict
of law provisions. You and Michael Stars agree to submit to the personal
and exclusive jurisdiction of the courts located within the County of
Los Angeles, State of California. The failure of Michael Stars to exercise
or enforce any right or provision of the Terms of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms of
Use is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect. You
agree that regardless of any statute or law to the contrary, you must
file any claim or cause of action arising out of or related to your
use of the starService or the Terms of Use within one (1) year after
such claim or cause of action arose or be forever barred. The section
titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
16. Violations
Please report any violations of the Terms of Use to our customer service.
The parties acknowledge that they have required that these Terms of
Use be prepared and provided in English. Les parties reconnaissent qu'elles
ont exige que la presente convention soit redigee in anglais.
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