Updated as of June 2, 2008
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site.
I. What Types of Information Does Starlight Collect From Me?
Starlight gathers two basic types of information through the Site: PII and Non-PII. PII is information that identifies you as an individual. Non-PII is aggregated information, demographic information such as date of birth, IP addresses and any other information that does not reveal your specific identity.
a) PII. In order for you to take advantage of particular opportunities provided through the Site, we may require that you furnish PII, such as your name, postal address, telephone number, e-mail address, credit card information and user name. If you would prefer that we not collect any PII from you, please do not provide us with any such information.
b) Non-PII. When you visit and interact with the Site, Starlight and third parties with whom Starlight has contracted to provide services to Starlight may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected from four different sources: server log files, environmental variables, cookies and information that you voluntarily provide.
i. Server Log Files. Your Internet Protocol (IP) address is an identifying number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, administering the Site, tracking traffic patterns, and gathering demographic information for aggregate use. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (such as Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.
iv. Information That You Voluntarily Provide. From time to time we may also collect Non-PII (e.g., date of birth, your interests, geographic location, occupation, information regarding donations such as donor status and payment details etc.) when you voluntarily provide such information to us. Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
II. How is Information Collected on the Site Used?
a) Personally Identifiable Information. Starlight may use PII about you in the following ways:
i. Fulfillment of Requests. We use PII about you to fulfill any request you make at the time you provide the PII or to acknowledge your donation.
ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions and policies. Because this information may be important to your use of the Site, you may not opt out of receiving such communications.
iii. Other Communications. The PII you provide may be used by Starlight to create and deliver to you communications such as our newsletters, surveys or other messages containing event information. If you would prefer that we do not send such marketing messages to you, please see the "Opt-Out" section below.
iv. Internal Business Purposes. We may use PII about you for our internal business purposes, such as data analysis, internal reports, audits and so forth.
v. Financial support. We may also use PII about you for the purpose of managing our various financial support programs.
vi. Processing Donations: When you make a donation through the Site, we may collect your credit card number or other payment account number, billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to process your donation and send you related communications.
b) Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we (including our affiliates) may use such information for any purpose. In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose. In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined.
III. How is Personally Identifiable Information Collected Through the Site Disclosed?
a) Third Party Service Providers. We work with third parties who provide services including but not limited to web site hosting, processing donations, data analysis and other services of an administrative nature. We reserve the right to share PII about you with these third parties solely for the purpose of enabling these third parties to provide such services (for example, if you choose to make a purchase through the Site, we may share your Payment Information or other PII with our third party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number).
b) Assignment. We reserve the right to transfer any and all PII that we collect from users of the Site to a third party in the event of any sale, transfer or other disposition of all or any portion of Starlight’s assets.
c) Forums. Starlight and/or our third party service provider(s) may make available through the Site interactive services (including without limitation, message boards, blogs and wikis) to which you are able to post information and materials (each, a “Forum”). Please note that any information you disclose in a Forum becomes public information, and may be available to other visitors to the Site and to the general public. In addition, when you choose to submit PII when you register as a user to a Forum, certain PII, such as your name, may be available for other users to view when you make a posting to a Forum. Information regarding your activities in Forums is also available for view by other users. For example, other users may be able to view a list of all postings you have made in all available Forums. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in any Forum. STARLIGHT IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN FORUMS.
d) Law enforcement; emergencies; compliance. We reserve the right to disclose PII about you as we believe to be appropriate: i) under applicable law; ii) to comply with legal process or governmental requests; iii) to enforce our Terms of Service; iv) to protect our operations or those of any affiliates; v) to protect the rights, privacy, safety or property of Starlight, its affiliates, you or others; and (vi) to permit us to pursue available remedies or limit the damages that we may sustain.
IV. Other Important Notes Regarding Our Privacy Practices
a. Notice Regarding Security. We seek to have security measures and tools in place to help protect against the loss, misuse and alteration of the information under our control. Financial transactions containing PII transmitted to us through the Site will protected by 128-bit SSL encryption during the transmission. General non-financial PII transmitted to us through the Site is, however, not encrypted. Unfortunately, there is no such thing as perfect security in an online environment. As a result, although we strive to protect PII about you, we cannot ensure the security of any information you transmit to us through or in connection with the Site or that is stored by us. Please consider carefully before sending sensitive information to us via the Site or e-mail. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with “Contacting Us” below.
c. Opt-out. If you do not wish to receive marketing-related e-mails from us, you may opt-out of receiving such marketing-related e-mails or from such sharing by following the opt-out instructions in any such marketing-related e-mail that you receive. We will endeavor to comply with your request as soon as reasonably practicable.
d. Accessing, Changing or Removing PII. We provide you with several options for reviewing, correcting, updating or deleting PII that you have previously provided through the Site:
1. You will be able to view or edit PII about you online. In order to help prevent PII about you from being viewed by others, you will be required to sign in with your username and password. Once you have signed in, you can review, change or delete your personal profile by going to your personal profile page on the Site.
2. You may also submit us a request to change, delete, or limit the purposes of use of PII about you by e-mailing us at email@example.com mailing us at The Starlight Starbright Children's Foundation, Attention: Webmaster, www.starlight.org, 5757 Wilshire Boulevard, Suite M100, Los Angeles, CA 90036. We strive to comply with all reasonable requests for change or deletion of PII.
Please note that, for your protection, we may need to verify your identity before making any changes to PII about you. In each event, you must clearly indicate the information that you wish to have changed, or clearly indicate that you wish to have PII about you removed from our database. Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared PII about you.
e. Jurisdictional Issues. The Site is controlled and operated by Starlight from the United States, and is not intended to subject Starlight to the laws or jurisdiction of any state, country, or territory other than that of the United States. Starlight does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so in their own initiative, and are responsible for complying with all local laws, rules and regulations.
f. Contacting Us. You may contact us at firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
The Site © 2008 Starlight Children’s Foundation, a 501c3 not for profit.
Updated as of March 10, 2003
We reserve the right at any time to:
- Change the terms and conditions of this Agreement; or
- Change the Site, including eliminating or discontinuing any content on or feature of the Site.
- Any changes we make to this Agreement will be effective automatically seven (7) days after posting such changes on the Site. We may also provide notice of such changes via electronic email. Your continued use of the Site after any such change(s) will be deemed acceptance of such changes. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a nonelectronic version of this Agreement.
1. Code of Conduct. While using the Site and/or Software (as defined below in Section 6), you agree not to:
- Allow any person other than your child to use the Site and/or the Software;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, nonpublic information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); or (e) any phone numbers, addresses, Social Security numbers, or any other private information of third parties;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Software;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Link to any page of or content on the Site without written permission by STARLIGHT;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Site visitors.
- While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations.
2. Registration. In connection with registering to use any STARLIGHT bulletin board or forum, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a screen name and password if you do not already have one. We may refuse to grant you a screen name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your screen name and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, please immediately contact us at email@example.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR SCREEN NAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Submissions and Postings. Please note that we may host bulletin boards, chat rooms and other communication forums on the Site (collectively, the "Forums") and therefore redistribute chats, postings and other materials posted or otherwise submitted by you while using the Site, we require certain rights in those chats, postings and materials (collectively, “Materials”). Therefore, sending or transmitting to us Materials, including creative suggestions, ideas, notes, concepts, information, or any other images, pictures and materials, or by posting such Materials to any area of the Site (including by participating in a chat room conversation), you hereby transfer all right, title and ownership to such Materials to us and you hereby grant us a worldwide, nonexclusive, sublicensable (through multiple tiers), assignable, royaltyfree, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, edit, change, modify in any manner, make, have made, and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider or owner of the Materials and you hereby waive any moral rights you may have in any such Materials.
4. Forums. Visitors may occasionally post messages or make statements that are offensive, inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Forums by third parties, whether such third parties are visitors of the Site or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
The opinions expressed in the Forums reflect solely the opinion(s) of the participants – our visitors – and may not reflect the opinion(s) of STARLIGHT. We have no obligation to monitor the Site or the Forums, or any other materials that you or other third parties transmit or post on to the Site or the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our visitors, and to comply with legal obligations or governmental requests.
5. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by STARLIGHT infringe your copyright (for example, materials posted to the Site on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow STARLIGHT to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send STARLIGHT a counternotice.
Notices and counternotices must meet the current statutory requirements imposed by the DMCA; see the Library of Congress’ United States Copyright Office for details. Notices and counternotices with respect to the Site should be sent to: Starlight Children’s Foundation, Attention: Web Site Administrator, 5757 Wilshire Blvd., Suite M100, Los Angeles, CA 90036, (310) 479.1212.
We suggest that you consult your legal advisor before filing a notice or counternotice. Also, be aware that there can be penalties for false claims under the DMCA.
6. Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. The Site and Software, and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute any materials, content or information available on or through the Site in any way without our prior written permission.
The Site and Software may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement. Modification of such materials, content or information, or the use thereof for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form, or transfer the Software to any third party.
The trademarks, logos, and service marks displayed on the Site, including the STARLIGHT trademark (collectively, the “Trademarks”) are the registered and unregistered trademarks of STARLIGHT, STARLIGHT’s licensors and suppliers, and others. The Trademarks owned by STARLIGHT, whether registered or unregistered, may not be used in connection with any product or service that is not STARLIGHT’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages STARLIGHT. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.
7. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls which you agree to comply with. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
9. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by any party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
10. Disclaimers. STARLIGHT DOES NOT INTEND FOR ANY OF THE INFORMATION ON THE SITE OR THE PRODUCTS AVAILABLE FOR ORDER ON THE SITE TO SERVE AS MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL CARE. WE DO NOT GUARANTY OR WARRANT THAT THE INFORMATION CONTAINED WITHIN THE SITE OR SUCH PRODUCTS IS ACCURATE, COMPLETE OR UP TO DATE, AND NO INDIVIDUAL SHOULD RELY ON SUCH INFORMATION. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE ACCESS OR USE OF THE SITE, ANY CONTENT, INFORMATION, PRODUCT OR SERVICE OBTAINED FROM ANOTHER SITE ACCESSIBLE THROUGH THE USE OF THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARLIGHT AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. STARLIGHT AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERRORFREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ANY AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF STARLIGHT OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT STARLIGHT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES OR OTHER TERMS AND CONDITIONS THAT GOVERN YOUR USE OF ANY THIRD PARTY SITE THAT MAY BE ACCESSED THROUGH THE USE OF THE SITE AND THAT YOUR USE OF ANY SUCH THIRD PARTY SITES ARE ENTIRELY AT YOUR OWN RISK.
Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that such a situation arises, please contact us at firstname.lastname@example.org, if possible, a description of the material to be checked and the location where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
11. Limitation of Liability. NEITHER STARLIGHT NOR ITS SUPPLIERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO STARLIGHT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO USE AND ACCESS THE SITE.
12. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
13. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of law provisions. Any dispute, claim or matter arising from or relating to your use of the Site and Software or this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and STARLIGHT relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and STARLIGHT. This Agreement is not assignable, transferable or sublicenseable by you except with STARLIGHT’s prior written consent. Any waiver by STARLIGHT must be in writing in order to be valid. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.