Terms of Use of the StarNotation Website
Ownership of Site
These Terms and Conditions of Use apply to the websites of
StarNotation AG, Vaduz, Liechtenstein. The websites can found using the URLs www.StarNotation.com and www.t-rox.com. It also applies to all linked
websites from the websites. All these websites shall collectively be called
�Site�.
Agreement
By using the site, you agree to these terms of use. If you
do not agree to these terms, then do not use the site.
StarNotation reserves the right, at its sole discretion, to
change, modify, add or remove portions of the Terms of Use, any time. It is
your responsibility to check these Terms of Use periodically for changes. Your
continued use of the site following the posting of changes will mean that you
accept and agree to the changes. As long as you comply with these terms of Use,
StarNotation grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork, and computer code
(collectively �Content�), including, but not limited to the design, structure,
selection, coordination, expression, �look and feel� and arrangement of
Content, contained on the Site is owned, controlled or licensed by or to
StarNotation, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in the Terms of Use, no part of
the Site and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including mirroring) to any other computer, server, Web site or other
medium for publication or distribution or for any commercial enterprise,
without StarNotation�s express written consent.
You may use information on StarNotation products and
services (such as data sheets, knowledge base articles, and smilar materials)
purposely made available by StarNotation for downloading from the Site,
provided that you (1) not remove any proprietary notice language in all copies
of such documents, (2) use such information only for your personal, non
commercial informational purpose and do not copy or post such information on
any networked computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not to make any additional representations or
warranties relating to such documents.
Your Use of The Site
You may not use any �deep link�, �page-scrape�, �robot�,
�spider� or any other automatic device, program, algorithm or methodology, or
any equivalent manual process, to access, acquire, copy or monitor any portion
of the Site or any Content, or in any way reproduce or circumvent the
navigational structure or representation of the Site or any Content to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Site. StarNotation reserves the right
to bar any such activity.
You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other system or networks connected to
the Site or any StarNotation server, or to any of the services offered on or
through the Site, by hacking, password �mining� or any other illegitimate
means.
You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor branch the security or
authentication measures on the Site or any network connected to the Site.� You may not reverse-lookup, trace or seek to
trace any information on any user of or visitor of the Site, or any other
customer of StarNotation, including any StarNotation account not owned by you,
to its source, or exploit the Site or any service or information, including but
not limited to personal identification or information, other then your own
information, as provided for by the Site.
You agree that you will take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Site
or StarNotation�s systems or networks, or any systems or networks connected to
the Site or to StarNotation.
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site, or with
any person�s use of the Site.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or any transmittal
you send to StarNotation on or through the Site or any service offered on or
through the Site.� You may pretend that
you are, or that you represent, someone else, or impersonate any other
individual or entity.
You may not use the Site or any Content for any purpose that
is unlawful or prohibited by the Terms of Use, or to solicited the performance
of any illegal activity which infringes the rights of StarNotation or others.
Purchases
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of the Site, including
contents, promotions or other similar features, all of which terms are made a
part of these Terms of Use to this reference. You agree to abide by such other
terms and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If there
is a conflict with these Terms of Use and the terms posted for or applicable to
a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion
of the Site or the specific service.
StarNotation�s obligations, if any, with regards to its
products and services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter such
agreements.
StarNotation may make changes to any products or services on
the Site, or to the applicable prices for any such products or services, at any
time, without notice. The materials on the Site with respect to products and
services may be out of date, and StarNotation makes no commitment to update the
materials on the Site with respect to such products and services.
Included Other Terms
The following terms also govern and apply to the use of the
Site, and they are incorporated herein by this reference:
Copyright Information
Software License Information
Each of these policies may be changed from time to time and
are immediately effective upon posting such changes on the Site.
Accounts, Password and Security
Certain features or services offered on or through the Site
may require you to open an account (including setting up a StarNotation user ID
and password). You are entirely responsible for maintaining the confidentiality
of your account information, including your password, and for any activity that
occurs under your account. You agree to notify StarNotation immediately of any
unauthorized use of your account or password, or any other breach of security.
However, you may be held liable for losses incurred by StarNotation or any
other user of or visitor to the Site due to someone else using StarNotation ID,
password or account.
You may not use anyone else�s StarNotation ID, password or
account at any time without the express permission and consent of the holder of
that StarNotation ID, password or account. StarNotation cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
Privacy
StarNotation�s privacy policy applies to the use of the
Site, and its terms are made a part of these Terms of Use by this reference. To
view StarNotation�s Privacy Policy, click here.
Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular transmission (for
example Credit Card information) is encrypted.
Links to Other Sites and to the StarNotation Site
This Site may contain links to other independent third-party
Web sites (�Linked Sites�). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under StarNotation�s
control, and StarNotation is not responsible for and does not endorse the
content of such Linked Sites, including any information or materials contained
in such Linked Sites. You will need to make your own independent judgment
regarding your interaction with these Linked Sites.
Disclaimers
STARNOTATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENTM
SERVICE OR FEAURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON A �AS IS� AND �AS AVAILABLE�
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. STARNOTATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
STARNOTATION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTIES OR ACCURACY, NON-INFRINGMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. STARNOTATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO
YOUR USE OF THE SITE AND/OR ANY STARNOTATION SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE
SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, weather for breach of contract, tort, negligence or any
other cause of action.
StarNotation reserves the right to do any of the following
at any time, without notice: (1) to modify, suspend or terminate operation of
or access to the Site, or any portion of the Site, for any reason; (2) to
modify or change the Site, or any portion of the Site, and any applicable
policies of terms; and (3) to interrupt the operation of the Site, or any
portion of the Site, as necessary to perform routine and non-routine
maintenance, error correction, other changes.
Limitation of Liability
Except where prohibited by law, in no event will
StarNotation be liable to you or any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even if StarNotation
has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of
se, StarNotation is found to be liable to you for any damage or loss which
arises out of or is in any way connected with your use of the Site or any
Content, StarNotation�s liability shall in no event exceed the greater of (1)
the total of any subscription or similar fees with respect to any service or
feature of or on the Site paid in the six months prior to the date of initial
claim made against StarNotation (but not including the purchase price for any
StarNotation software products), or (2) CHF 50000. Some jurisdications do not
allow limitations of liability, so the foregoing limitation may not apply to
you.
Indemnity
You agree to indemnify and hold StarNotation, its officers,
directors, shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands, loss,
liability, claims or expenses (including attorneys� fees), made against
StarNotation by any third party due to or arising out of or in connection with
your use of the Site.
Violations of these Terms of Use
StarNotation may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the Site,
or to identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or
unintentionally) StarNotation�s rights or property, or the rights or property
of visitors to or users of the Site, including StarNotation�s customers.
StarNotation reserves the right at all times to disclose any information that
StarNotation deems necessary to comply with any applicable law, regulation,
legal process or governmental request. StarNotation may also disclose your
information when StarNotation determines that applicable law requires such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You agree and acknowledge that StarNotation may preserve any
transmittal or communication by you to the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law
or StarNotation determines that such preservation or disclosure is reasonable
necessary to (1) comply with legal processes, (2) enforce these Terms of Use,
(3) respond to claims that such data violates the rights of others, or (4)
protect the rights, property or personal safety of StarNotation, its employees,
users of or visitors to the Site, and the public.
You agree that StarNotation may, in its sole discretion and
without prior notice, terminate your access to the Site and/or block your
future access to the Site if we determine that you have violated these Terms of
Use or other agreements or guidelines which may be associated with your use of
the Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to StarNotation, for which monetary damages would be inadequate, and you
consent to StarNotation obtaining any injunctive or equitable relief that
StarNotation deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies StarNotation may have at law or
in equity.
You agree that StarNotation may, in its sole discretion and
without notice, terminate your access to the Site for cause, which includes
(but is not limited to) (1) requests by law enforcement or other government
agencies, (2) a request by you (self-initiated account deletions), (3)
discontinuance or material modification of the Site or any service offered on
or through the Site, or (4) unexpected technical issues or problems.
If StarNotation takes any legal action against you as a
result of your violation of these Terms of Use, StarNotation will be entitled
to recover from you, and you agree to pay, all reasonable attorney�s fees and
costs of such action, in addition to any relief granted to StarNotation. You
agree that StarNotation will not be liable to you or to any third party for
termination of your access to the Site as a result of violation of these Terms
of Use.
Governing Law, Dispute Resolution
You agree that all matters relating to your access to and
use of the Site, including all disputes, will be governed by the law of
Liechtenstein without regard to its conflicts of law provisions. You agree to
the personal jurisdiction and venue in the federal courts of Liechtenstein, and
waive any objection to such jurisdiction or venue. Any claim under these Terms
of Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be sought or received
for damages other that out-of-pocket expenses, except that the prevailing party
will be entitled to costs and attorneys� fees. In the event of any controversy
or dispute between StarNotation and you arising out of or in connection with
your se of the Site, the parties shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to resolve any such dispute in
reasonable time (not to exceed thirty (30) days), then either party may submit
such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
StarNotation administers and operates the www.starNotation,com and www.t-rox.com websites from its location in
Vaduz, Liechtenstein. Although the Site is accessible worldwide, not all
features, products or services discussed, referenced provided or offered
through or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside Liechtenstein.
StarNotation reserves the right to limit, in its sole discretion, the provision
and quantity of any feature, product or service to any person or geographic
area. Any offer for any feature, product or service made on the Site is void
where prohibited. If you choose to access the Site from outside of
Liechtenstein, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including without
limitation Liechtenstein export laws and regulations.
If any provisions of these Terms of Use are held by a court
or any tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited to the minimum extent necessary and replaced with a
valid provision that best embodies the intent of these Terms of Use, so that
these Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and StarNotation with regard to
your use of the Site, and any and al other written or oral agreements or
understandings previously existing between you and StarNotation with respect to
such use offers are hereby superseded and cancelled. StarNotation will not
accept any counter offers to these Terms of Use, and all such offers are hereby
categorically rejected. StarNotation�s failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by
StarNotation of any provision or any right it has to enforce these Terms of
Use, nor shall any course of conduct between StarNotation and you or any other
party be deemed to modify any provision of these Terms of Use. These Terms of
Use shall not be interpreted or construed to confer any rights or remedies on
any third parties.
StarNotation provides access to StarNotation international
data and, therefore, may contain refernces or cross references to StarNotation
products, programs and services that are not announced in your country. Such
reference does not imply that StarNotation in your country intends to announce
such products, programs or services.
Feedback and Information
Any feedback you provide at this Site shall be deemed be
non-confidential. StarNotation shall be free to use such information on an
unrestricted basis.
The information contained in this web site is subject to
change without notice.
Copyright 2005 StarNotation AG. All rights reserved.
StarNotation
AG, Wingertgasse 30, 9490 Vaduz, Liechtenstein
Tel: +423 � 230 40 40 9am to 5pm Central Euopean time.
Effictive
October 2005