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.
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.
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, abandoned a shopping cart, 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.
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.
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.
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.
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
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.
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.
Michael Stars, Inc.
12955 Chadron Ave
Hawthorne, CA 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