BY ACCESSING THIS SITE, YOU AND, IF APPLICABLE, ANY ORGANIZATION YOU REPRESENT OR YOU, ON BEHALF OF YOUR CHILD, (COLLECTIVELY, “YOU”, “YOUR”) ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHALL NOT BE ALLOWED TO USE THE SITE.
BY ACCESSING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
Last Updated: January 16, 2015
Starlight reserves the right at any time to change the terms and conditions of these Terms or change the Site, including, without limitation eliminating or discontinuing any content or feature of the Site. You can determine when these Terms were last revised by referring to the “Last Updated” legend above.
Any changes Starlight makes shall be effective immediately upon notice, which Starlight may provide by means including, without limitation, posting on the Site. Your continued use of the Site after such notice shall be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon Starlight’s request, you agree to sign a non-electronic version of these Terms.
1. Description of Services Provided by Starlight.org.
Starlight is a 501(c)(3) not-for-profit corporation. Starlight partners with experts to improve the life and health of kids and families around the world. This Site is central to Starlight’s mission of helping kids and families from hospital to home.
The Site provides information about Starlight itself, including, among other things, its history, introduction to the Starlight management team, description of Starlight’s business as a charity and how to become a Starlight donor, a corporate sponsor or how to attend a Starlight event.
Participating Pediatric Health Care Facility Starlight Wish Lists
Starlight also hosts the world’s first online marketplace that allows health care professionals affiliated with participating pediatric health care facilities to generate lists of specific requests for Starlight proprietary programs, including the Starlight Fun Center® mobile entertainment unit, as well as toys and other products on behalf of hospitalized children and their families (each, a “Starlight Wish List”) and individuals and organizations to make donations for fulfilling such requests. Through participating pediatric health care facility accounts, participating pediatric health care facilities can generate Starlight Wish Lists and donors can, at their sole discretion, choose to make donations with respect to specific requests. Through independent third party service providers, Starlight strives to facilitate donor payment and purchase of specific toys or other products listed on a Starlight Wish List (collectively, “Donor Products”) and shipment of such Donor Products for distribution to the healthcare facility that made the request.
Starlight also receives and processes direct money donations made by visitors to the Site.
Starlight also manages https://www.starbrightworld.org/ (“Starbright World”) Starbright World is an online community that is the first-ever private social network for teens affected by chronic illness, either their own or that of a sibling.. Access to and use of Starbright World are subject to separate terms and conditions found at https://www.starbrightworld.org/termsofuse.
2. Code of Conduct.
While using the Site you shall not:
b. Use the Site or any content or feature thereof for any unlawful purpose;
c. Express or imply that any statements you make are endorsed by Starlight, without our express prior written consent;
d. Submit or otherwise transmit any data, information or other material through the Site that (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (iv) is non-public information about any third party that you are not authorized to disclose; (v) includes personally identifiable information of another individual without the prior consent of such individual; or (vi) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by Starlight);
e. Impersonate any person or entity, including, without limitation, any representative of Starlight; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that Starlight endorses any statement you make;
f. Engage in spamming or flooding;
g. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature or that monitor the use of any hardware, software, equipment or other technology, or any data, information or materials in connection with any of the foregoing;
h. Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Site;
i. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
j. Remove any copyright, trademark or other proprietary rights notices contained in the Site;
k. “Frame” or “mirror” any part of the Site without our prior written authorization;
l. Link to any page of or content on the Site without written permission by Starlight (except to the extent otherwise expressly permitted in writing by Starlight);
m. 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;
n. Create a database by downloading and storing content from the Site; or
o. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
While using the Site, you shall comply with all applicable laws, rules and regulations.
3. Information Provided to Starlight.
Whenever you are prompted by the Site for identifying information, including, without limitation, when making a monetary donation to Starlight, registering as a participating pediatric health care facility to use a Starlight participating pediatric health care facility account, starting a fundraiser or subscribing to Starlight eNews, and when engaging in any other function on the Site, you shall (a) provide accurate, current, and complete information about yourself as prompted by the provided registration form and (b) 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 your use of the Site.
As part of the registration process, you may be assigned, via email, a username and password. Starlight may refuse to grant you a username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion, as determined by Starlight in its sole discretion. You shall be responsible for the confidentiality and use of your username and password and shall not transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by visiting www.starlight.org and immediately notify Starlight of the problem by emailing Starlight at firstname.lastname@example.org.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. STARLIGHT IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
4. Submitted User Content.
You may have the ability to provide, send or transmit to us creative suggestions, ideas, notes, concepts, information, photographs or other materials (collectively, “Submissions”) to certain areas of the Site. Without limiting the generality of anything set forth in these Terms, the Code of Conduct described in Section 2above applies to the use of any Submission.
You acknowledge that Starlight is under no obligation to post, display or otherwise use any Submission. Starlight does not endorse any Submission or any opinion, recommendation or advice expressed therein, and Starlight expressly disclaims any and all liability in connection with all Submissions. The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of Starlight. If Starlight is notified that a Submission allegedly does not conform to these Terms or may be a violation of any law, regulation or rights of any third party, including, but not limited to, rights under copyright law and prohibitions on libel, slander and invasion of privacy, then Starlight has the right, but not the obligation, to investigate the allegation and determine in good faith and in its sole discretion whether to remove such Submission.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to Starlight under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Site and these Terms. Under no circumstances shall we or our affiliates, suppliers or agents be liable for any loss or damage resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through a Submission or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
Please note that, because you may have the ability to provide Submissions to us that we would have the right to, at our sole discretion, redistribute, post or upload on the Site, we require certain rights in the Submissions. Accordingly, by sending or transmitting to us Submissions, or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Starlight’s sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions shall be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Submissions.
You hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Starlight or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights or “droit moral.”
Subject to the rights and licenses you grant to Starlight under these, you retain all rights to the ownership and use of your Submissions.
5. User Statements and Opinions.
The opinions expressed in the participating pediatric health care facility public profiles (“public profile”) sections, reviews of products and the Starlight stories sections 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 any other materials that you or other third parties transmit or post on to the Site. However, without limiting anything set forth in these Terms, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Submissions you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a public profile or Starlight story); and to disclose such Submissions and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our third party vendors, our licensees and our visitors, and to comply with legal obligations or governmental requests.
6. 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 the public profiles, product reviews or Starlight stories), 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 information provided by the Library of Congress’ United States Copyright Office at http://www.copyright.gov/ for details. Notices and counternotices with respect to the Site should be sent to: Starlight Children’s Foundation, Attention: Legal Department, 2049 Century Park East, Suite 4320, Los Angeles, CA 90067, (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.
7. Third Party Websites
8. Ownership and Restrictions on Use.
The Site is owned and operated by Starlight in conjunction with others pursuant to contractual arrangements. You acknowledge and agree that the services used in connection with the Site contain proprietary or confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that, without limitation, all photographs, images, designs, movies, video, music, audio, logos, web design, color schemes, trade dress, copy, type, words, fonts, audiovisual works and other materials and content (collectively, “Content”) contained within the Site, including, without limitation, the participating pediatric health care facility Starlight Wish Lists and the participating pediatric health care facility account section of the Site is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly permitted by law, or as authorized in writing by Starlight or the applicable licensor, you shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site or such Content, in whole or in part.
Starlight grants you a personal, non-transferable and non-exclusive right and license to use the source and/or object code of Starlight's software on a single computer, tablet, smart phone or other electronic device provided that you do not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right therein. You shall not modify the software in any manner, nor to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You shall not access the participating pediatric health care facility account services or the Site by any means other than through the interface provided by Starlight for use in accessing the participating pediatric health care facility account services or the Site.
We welcome appropriate hyperlinks to Starlight.org or any other websites operated and owned by Starlight (“Starlight’s Sites”). By publishing a hyperlink to Starlight’s Sites from your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of Starlight’s Sites and Starlight. If this is not the case, please do not link to any of Starlight’s Sites. Starlight reserves the right to rescind the right to link to Starlight’s Sites at its sole discretion. Use of any Starlight trademark, service mark or other intellectual property or content provided by Starlight for a hyperlink to Starlight’s Sites is permitted and licensed by Starlight solely for the purposes described on Starlight’s Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Starlight, you shall immediately remove any hyperlink to Starlight’s Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by Starlight.
9. Use of the Site from Other Locations.
We make no representation that the Content on the Site is appropriate or available for use in any country other than the United States or such other country as expressly identified on the Site. Those who choose to access the Site from outside of the United States or such other country as expressly identified on the Site 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. 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.
10. Access by Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Starlight does not endorse any of the products or services listed at such websites.
11. Other Services.
Starlight may, without prior notice, suspend, terminate or limit your access to the Site. Causes for such termination, suspension and/or limitation of access include, but are not limited to:
a. Breach of these Terms (including, those terms incorporated by reference);
b. Non-compliance with any applicable law, rule or regulation, or order by a court, law enforcement or other government official or agency;
c. Discontinuation of any Site services or modifications to the Site;
d. Unexpected technical or security issues;
e. Extended periods of inactivity; and
f. Engagement by you in fraudulent or illegal activities.
You agree that all terminations, suspension and/or limitation of access for cause shall be made in Starlight’s sole discretion and that Starlight shall not be liable to you or any third party for the termination, suspension or limitation of access (as applicable) of or to the Site.
Without limiting the generality of anything set forth in these Terms, Starlight reserves the right to take steps that Starlight believes are necessary, helpful or appropriate to enforce and/or verify compliance with these Terms (including, without limitation, in connection with any legal process relating to your use of the Site and/or a third party claim that your use of the Site is unlawful or violates such third party’s rights).
Starlight makes reasonable efforts that the site is safe and accurate, but can make no warranties. You acknowledge and agree that:
a. YOUR USE OF THE SITE ARE AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STARLIGHT AND ITS ASSIGNEES, LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY VENDORS, CORPORATE PARTNERS, DONORS AND PARTICIPATING PEDIATRIC HEALTH CARE FACILITIES, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING, WITHOUT LIMITATION, WHETHER ANY DONOR PRODUCT OR OTHER PRODUCT IS INTENDED OR SUITABLE FOR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE) AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
b. STARLIGHT AND ITS ASSIGNEES, LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY VENDORS, CORPORATE PARTNERS, DONORS AND PARTICIPATING PEDIATRIC HEALTH CARE FACILITIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE CONTENT OF THE SITE WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR CERTAIN SPECIFICATIONS, BE FREE FROM DEFECTS OF ANY KIND OR BE PROVIDED AT A PARTICULAR TIME OR PLACE; OR (v) ANY DONOR PRODUCT OR OTHER PRODUCT IS INTENDED OR SUITABLE FOR DISTRIBUTION TO OR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE.
c. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, CELL PHONE, TABLET, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH CONTENT.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARLIGHT, ITS ASSIGNEES, LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY VENDORS, CORPORATE PARTNERS, DONORS OR PARTICIPATING PEDIATRIC HEALTH CARE FACILITIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS OR ANY OTHER INCORPORATED AGREEMENT.
e. WITHOUT LIMITING ANYTHING SET FORTH HEREIN, STARLIGHT NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF CONTENT OR ANY OTHER MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
f. 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.
A possibility exists that the Site or Submissions could include inaccuracies or errors or materials that violate these Terms (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site.
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 email@example.com with, if possible, a description of the Content or Submissions to be checked and the location where such Content or Submissions 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.
14. Limitation of Liability.
NEITHER STARLIGHT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, THIRD PARTY VENDORS, CORPORATE PARTNERS, PARTICIPATING PEDIATRIC HEALTH CARE FACILITIES, ASSIGNEES, NOR STARLIGHT’S OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS, AGENTS, VOLUNTEERS, OR ANYONE WHO AS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE OR PRODUCTS FOUND THEREIN (COLLECTIVELY “STARLIGHT AND ITS AFFILIATES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS OR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER), OR ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STARLIGHT, IN EACH CASE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, STARBRIGHT WORLD, AND/OR CONTENT, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE OR STARBRIGHT WORLD, ANY PRODUCT OR SERVICE PROVIDED IN CONNECTION WITH A STARLIGHT WISH LIST OR ANY LINKED SITE, ANY PRODUCT PROVIDED IN RESPONSE TO A STARLIGHT WISH LIST (INCLUDING, WITHOUT LIMITATION, THE USE OF ANY SUCH PRODUCT BY A CHILD OR OTHER END USER), AND YOUR ACCESS TO AND USE OF THE FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SERVICES OR ANY LINKED SITE, DONOR PRODUCTS OR OTHER PRODUCTS IS TO STOP USING THE SITE, CONTENT, SERVICES, LINKED SITE OR SUCH PRODUCTS, 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 TO STARLIGHT, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so such limitation or exclusion above may not apply to you.
WITHOUT LIMITING THE GENERALITY OF ANYTHING SET FORTH IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SUIT IN CONNECTION WITH ANY LOSSES, LIABILITIES OR DAMAGES RESULTING FROM YOUR ACCESS OR USE OF THE SITE, CONTENT OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT STARLIGHT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER.
You shall take all reasonable measures to resolve any disputes that may arise under these Terms. You also acknowledge and agree that these Terms may be enforced by legal action, including but not limited to, injunctive or other equitable relief. In the event that a court holds you in breach of these Terms, you shall reimburse Starlight for its reasonable legal fees and costs incurred as a result of your breach of these Terms.
You shall indemnify, defend and hold harmless Starlight and its past and present affiliates, together with its and their respective past and present directors, officers, employees, representatives, agents, attorneys and insurers from and against all losses, liabilities, demands, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from any and all claims, demands, actions and other proceedings arising out of, relating to or resulting from (a) your breach of any covenant, representation or warranty contained in these Terms (including any terms incorporated by reference), (b) exercise of your rights under these Terms or your use of the Site, (c) your violation of any law, rule or regulation, (d) any Submissions or other data, information, materials or other content you provide to Starlight, (e) your negligent or willful acts or omissions, (f) the purchase, shipping, storage, use, distribution or other disposition of any donation or product, or (f) your activities in connection with the Site.
16. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 2049 Century Park East, Suite 4320, Los Angeles, CA 90067, or by calling us at 310-479-1212. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. General Provisions
a. These Terms and other terms hereby incorporated by reference constitute the entire agreement between you and Starlight and govern your use of the Site. To the extent of a conflict or other inconsistency between the terms and conditions of these Terms and the terms and conditions found in conjunction with other services found on the Site, the terms and conditions of the latter shall prevail.
b. The failure of Starlight to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
c. Any of the provisions of these Terms which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof and without affecting the validity or enforceability of any of the terms of these Terms in any other jurisdiction.
d. You agree that regardless of any statute, rule, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. The section titles in these Terms are for convenience only and have no legal or contractual effect.
f. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
g. Starlight shall not be responsible for failures to fulfill any obligations due to causes beyond its control.
© Starlight Children’s Foundation, 2015
BY USING THIS SITE, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (3) THE INDIVIDUAL SO ACCESSING THE SITE HAS HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THESE TERMS WITH STARLIGHT ON YOUR BEHALF, AND (4) BY USING THIS SITE, THESE TERMS CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.