Terms & Conditions
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").
you may not access certain portions of the Site and may not use the starService.
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.
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
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
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
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any
(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.
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,
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.
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
any time discontinue providing the starService, or any part thereof, with or without notice. You agree that any termination of your access to
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.
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
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
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
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.
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.
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
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
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
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
Use are for convenience only and have no legal or contractual effect.
exige que la presente convention soit redigee in anglais.