Terms of Service
Last Updated: 18 February 2020
Welcome and thank you for your interest in Starfall Education Foundation, a 501(c)(3) organization (“Starfall,” “we,” and “our”). These Terms of Service (“Terms”) apply to any Starfall branded websites, mobile applications, and software (collectively the “Services”) whether accessed via computer, mobile device or otherwise. By joining Starfall as a member, purchasing a subscription to, or using the Services, you agree to be bound by these Terms.
The Services and associated websites, subdomains, contents, links, software, interfaces, mobile products, applications, graphics, images, video, code, sounds, music, games, videos, applications, all audio visual or other material appearing on the Services, the design and appearance of the Services, and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to Starfall, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
We reserve all rights to the Content. Notwithstanding the previous sentence, certain Content is made available for download or printing, you may print or download the page or the available material, as applicable, solely for your classroom, personal, non-commercial use subject to the Use License (described below).
License to Use
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to access and make personal use of the Services (“Use License”). If you are an educator, the Use License includes permission to use the Services for educational use within the classroom or the school of your students. This Use License is subject to your full compliance with these Terms. The Use License does not allow you to: (i) modify the Services or the Content; or (ii) reproduce, distribute, duplicate, republish, copy, sell, resell, or otherwise exploit or make any commercial use of the Services or the Content; except with our express prior written consent.
If you have joined Starfall as a member, there may be a limitation on the number of users that may access the Services depending on the type of membership. Members may cancel and request a refund at any time within the first 30 days of activation.
Use of the Apps may be subject to standard messaging, data and other fees that may be charged by your network carrier.
You may stop using the Services at any time and in your sole discretion, with no need for justification, just contact Starfall and request to delete your account. If your account is deleted, your Use License to the Services will terminate immediately. We reserve the right to discontinue the Services or suspend or terminate your account, without notice, for any reason and without any obligation to you or any third party. Upon discontinuance of the Services, suspension or termination of your account, or upon notice from Starfall, your Use License to the Services will terminate immediately.
Starfall operates the Services in the United States. If you choose to access the Services from locations outside the United States, you consent to the collection, transmission, use, storage, and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of the Services. We do not represent that the Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Starfall in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES INCLUDING THE CONTENT ARE PROVIDED BY STARFALL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL STARFALL OR ANY OF OUR DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARFALL’S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO STARFALL DURING THE PREVIOUS 12 MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
You agree to check these Terms periodically for new information and terms that govern your use of the Services. We reserve the right to make changes to the Services, our policies, and these Terms at any time. Posting the modified Terms will give effect to the revised terms and your continued use of the Services indicates your acceptance of any revised terms. If you do not agree to the revised terms, stop using the Services immediately. These Terms constitute the entire understanding between Starfall and you with respect to its subject matter and cannot be altered or amended except as outlined above. If any of the terms or conditions in these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them. No waiver by Starfall of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Starfall. It is Starfall's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you wish to report an alleged infringement, please notify us (see Contact Information below) and you will receive a prompt response. The parties hereby consent to the exclusive jurisdiction of the United States District Court for the District of Colorado and the state courts of the State of Colorado to resolve any and all disputes arising out of or in any manner related to the subject matter of these Terms. These Terms shall be governed by the laws of Colorado and the United States of America.
Please contact Starfall with any questions or comments.
By email: firstname.lastname@example.org
By mail: Starfall Education Foundation, PO Box 359, Boulder, CO 80306