TERMS OF SERVICE
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES.
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT The Terms are subject to change by STARKING in its sole discretion at any time. When changes are made, STARKING Watch will make a new copy of the Terms available at the Website. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. STARKING Watch may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
- 1.1 CERTAIN RESTRICTIONS. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit STARKING Watch Properties or any portion of STARKING Watch Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other STARKING Watch Properties (including images, text, page layout or form) of STARKING Watch; (c) you shall not use any metatags or other “hidden text” using STARKING Watch name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of STARKING Watch Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access STARKING Watch Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of STARKING Watch Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to STARKING Watch Properties shall be subject to the Terms. STARKING Watch, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of STARKING Watch Properties terminates the licenses granted by STARKING Watch pursuant to the Terms.
- 2.1 REGISTERING YOUR ACCOUNT. In order to access certain features of STARKING Watch Properties you will be required to become a Registered User. For purposes of the Terms, a “REGISTERED USER” is a user who creates an account with STARKING Watch (“ACCOUNT”) by either registering directly with STARKING Watch through the Website or logging into the Website with the user’s social networking service account (“THIRD-PARTY ACCOUNT”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to STARKING Watch and/or grant STARKING Watch access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating STARKING Watch to pay any fees or making STARKING Watchsubject to any usage limitations imposed by such third-party service providers. By granting STARKING Watch access to any Third-Party Accounts, you understand that STARKING Watch may access, make available and store (if applicable) any information, photographs, and/or other materials accessible through STARKING Watch Properties (“CONTENT”) that you have provided to and stored in your Third-Party Account (“THIRD-PARTY ACCOUNT CONTENT”) so that it is available on and through STARKING Watch Properties via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on STARKING Watch Properties. Please note that if a Third-Party Account or associated service becomes unavailable or STARKING Watch access to such Third-Party Account is terminated by the third-party service provider, then Account Content may no longer be available on and through STARKING Watch Properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND STARKING Watch DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. STARKING Watch makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and STARKING Watch is not responsible for any Third-Party Account Content.
- 2.2 REGISTRATION DATA. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “REGISTRATION DATA”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using STARKING Watch Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify STARKING Watch immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or STARKING Watch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, STARKING Watch has the right to suspend or terminate your Account and refuse any and all current or future use of STARKING Watch Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use STARKING Watch Properties if you have been previously removed by STARKING Watch, or if you have been previously banned from any of STARKING Watch Properties.
- 2.3 YOUR ACCOUNT. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of STARKING Watch.
- 3.1 ORDER ACCEPTANCE PROCESS. Each part of an order that you submit to STARKING Watch constitutes an offer to purchase merchandise. If you have placed your order through the Website, then, after STARKING Watch receives your order, you will receive an email from STARKING Watch confirming receipt of your order (usually in minutes). If you do not receive an email from STARKING Watch confirming receipt of an order that you placed, then please contact the STARKING Watch Customer Service department at http://www.starkingwatches.com/contact before you attempt to place another order for the same merchandise. Please note that STARKING Watch confirmation of receipt of your order does not equate to STARKING Watch acceptance of your order. STARKING Watch is not deemed to have accepted any part of your order until the requested merchandise has been shipped and STARKING Watch has sent a shipment confirmation email.
- 3.2 ORDER ISSUES.
- (A) If STARKING Watch rejects your order due to an error in pricing and/or other information about the merchandise, then STARKING Watch will notify you at the email address that you have provided. Once the error has been corrected, STARKING Watch will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If STARKING Watch has notified you that your order has been accepted by sending you a shipment confirmation email, then you will not be required to pay a price that is greater than the price that was displayed on the Website at the time at which you placed your order. If STARKING Watch has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Website at the time at which you placed your order), then you may request a return or an exchange. For additional details, please review the STARKING Watch Returns Policy available at http://www.starkingwatches.com/returns.
- (B) Although it is unlikely that STARKING Watch would refuse to accept an order, STARKING Watch reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) delayed shipment or unavailability of merchandise.
- (C) STARKING Watch may refuse to accept any order if fraudulent activity is suspected. STARKING Watch may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
- (D) STARKING Watch may refuse any order that is connected with a previous credit card dispute.
- 3.3 ORDER CANCELLATION. If an item of merchandise is delayed out of the STARKING Watch fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then STARKING Watch may cancel the order. If this occurs, then STARKING Watch will contact you so that you are aware of the situation.
- 3.4 RESTRICTIONS ON RESALE. In order to protect STARKING Watch intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. STARKING Watch will not accept any order that is deemed to possess characteristics of reselling. STARKING Watch reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
- 4.1 PAYMENT. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing STARKING Watch with your credit card number and associated payment information, you hereby authorize STARKING Watch to immediately charge your credit card for all fees and charges due and payable to STARKING Watch hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify STARKING Watch of any change in your billing address or the credit card used for payment hereunder. STARKING Watch reserves the right at any time to change its prices and billing methods, either immediately upon posting on the STARKING Watch Properties or by e-mail delivery to you.
- 4.2 REFUNDS. Payments made to STARKING Watch are subject to refund in accordance with STARKING Watch refund policy available at http://www.starkingwatches.com/returns.
- 4.3 TAXES. STARKING Watch fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to STARKING Watch, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify STARKING Watch for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “SALES TAX” will mean any sales or use tax, and any other tax measured by sales proceeds, that STARKING Watch is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- 4.4 DISCOUNTS AND PROMO CODES. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“PROMO CODES”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official STARKING Watch communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
- 6.1 TYPES OF CONTENT. You acknowledge that all Content, including STARKING Watch Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not STARKING Watch, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through STARKING Watch Properties (“YOUR CONTENT”), and that you and other Users of STARKING Watch Properties, and not STARKING Watch, are similarly responsible for all Content they Make Available through STARKING Watch Properties (“USER CONTENT”).
- 6.2 NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge that STARKING Watch has no obligation to pre-screen Content (including, but not limited to, User Content), although STARKING Watch reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that STARKING Watch pre-screens, refuses or removes any Content, you acknowledge that STARKING Watch will do so for STARKING Watch benefit, not yours. Without limiting the foregoing, STARKING Watch shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- 7.1 STARKING Watch PROPERTIES. You agree that STARKING Watch and its licensors and suppliers own all rights, title and interest in STARKING Watch Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying STARKING Watch Properties.
- 7.2 TRADEMARKS. STARKING Watch stylized name and other related graphics, logos, service marks and trade names used on or in connection with STARKING Watch Properties are the trademarks of STARKING Watch and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in STARKING Watch Properties are the property of their respective owners.
- 7.3 OTHER CONTENT. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in STARKING Watch Properties.
- 7.4 YOUR CONTENT. STARKING Watch does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in STARKING Watch Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- 7.5 LICENSE TO YOUR CONTENT. Subject to any applicable account settings that you select, you grant STARKING Watch a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing STARKING Watch Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of STARKING Watch Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not STARKING Watch, are responsible for all of Your Content that you Make Available on or in STARKING Watch Properties.
- 10.1 USER RESPONSIBILITY. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that STARKING Watch reserves the right, but has no obligation, to intercede in such disputes. You agree that STARKING Watch will not be responsible for any liability incurred as the result of such interactions.
- 10.2 CONTENT PROVIDED BY OTHER USERS. STARKING Watch Properties may contain User Content provided by other users. STARKING Watch is not responsible for and does not control User Content. STARKING Watch has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
- 18.1 TERM. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use STARKING WatchProperties, unless terminated earlier in accordance with the Terms.
- 18.2 TERMINATION. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of STARKING Watch Properties is, or becomes, unlawful), or if we choose to discontinue STARKING Watch Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any STARKING Watch Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in STARKING Watch Properties in our possession in connection with your use of STARKING Watch Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of STARKING Watch, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision. If you want to terminate the Services provided by STARKING Watch, you may do so by (a) notifying STARKING Watch at any time and (b) closing your Account for all of the Services that you use. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. STARKING Watch will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- 20.1 ELECTRONIC COMMUNICATIONS. The communications between you and STARKING Watch use electronic means, whether you visit STARKING Watch Properties or send STARKING Watch e-mails, or whether STARKING Watch posts notices on STARKING Watch Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from STARKING Watch in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that STARKING Watch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- 20.2 ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without STARKING Watch prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- 20.3 FORCE MAJEURE. STARKING Watch shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- 20.4 COMPLIANCE. If you believe that STARKING Watch has not adhered to the Terms, please contact STARKING Watch by emailing us at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
- 20.5 NOTICE. Where STARKING Watch requires that you provide an e-mail address, you are responsible for providing STARKING Watch with your most current e-mail address. In the event that the last e-mail address you provided to STARKING Watch is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, STARKING Watchdispatch of the e-mail containing such notice will nonetheless constitute effective notice.
- 20.6 WAIVER. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- 20.7 SEVERABILITY. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- 20.8 ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms