TERMS OF SERVICE
Last updated: 2022-12-31
1. Introduction
Welcome to Philippe Girard
(LivestreamLabs, Starstream,
LinkIT, Upmail, SEOPro, Octo, OctoArt) (“Company”,
“we”, “our”, “us”) Terms of Service.
These
Terms of Service (“Terms”, “Terms of Service”) govern your use
of our web pages located at https://livestreamlabs.app,
https://starstream.app, https://apps.shopify.com/starstream-webinar-tickets, https://shopify.starstream.app, https://justlinkit.app/, https://servers.justlinkit.app/, https://upmail.app, https://servers.upmail.app,
https://servers.seo-pro.app
,
https://apps.shopify.com/image-alt-texts-optimizer
,
https://urchin-app-5t3yh.ondigitalocean.app
and other subsidiaries domainsoperated
by us.
Our Privacy Policy also governs your use of
our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages. Please read
it here http://legal.starstream.app/.
Your agreement with us includes these
Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the Service, but please let us know by
emailing at support@starstream.app so we can try to
find a solution. These Terms apply to all visitors, users and others who wish
to access or use Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at.
3. Purchases
If you wish to purchase any product or service made
available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the expiration date of
your credit card, your billing address, and your shipping information.
You represent and warrant that: (i)
you have the legal right to use any credit card(s) or other payment method(s)
in connection with any Purchase; and that (ii) the information you supply to us
is true, correct and complete.
We may employ the use of third party
services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at
any time for reasons including but not limited to:
product or service availability, errors in the description or price of the
product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
4. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”)
or usage basis. You will be billed in advance on a recurring and periodic basis
(“Billing Cycle”). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription. Usage charge will be charged on the same basis.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it,
or we cancel it. You may cancel your Subscription renewal
either through your online account management page or by contacting our
customer support team.
Payment is handled by Shopify.
In the case the payment is not handled by Shopify, a
valid payment method, including credit card, is required to process the
payment for your subscription. You shall provide us with accurate
and complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such
payment information, you automatically authorize us to charge all
Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any
reason, we will issue an electronic invoice indicating that
you must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the invoice.
5. Free Trial
We may, at our sole
discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up
for Free Trial, you will not be charged by us until Free Trial
has expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, we reserve
the right to (i) modify Terms of Service of Free
Trial offer, or (ii) cancel such Free Trial offer.
6. Fee Changes
At our sole
discretion and at any time, may modify Subscription fees for the Subscriptions
and usage. Any Subscription or usage fee change will become effective immediately.
Your continued use of Service after Subscription or usage
fee change comes into effect constitutes your agreement to pay the modified
Subscription or usage fee amount.
7. Refunds
Except when required by law, paid Subscription fees are
non-refundable.
8. Content
9. Prohibited Uses
You may
use Service only for lawful purposes and in accordance with Terms. You agree
not to use Service:
(a)
In
any way that violates any applicable national or international law or
regulation.
(b)
For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
(c)
To
transmit any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d)
In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(e)
To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm
or offend Company or users of Service or expose them to liability.
Additionally,
you agree not to:
(a)
Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b)
Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c)
Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d)
Use
any device, software, or routine that interferes with the proper working of
Service.
(e)
Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f)
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g)
Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h)
Take
any action that may damage or falsify Company rating.
(i)
Otherwise
attempt to interfere with the proper working of Service.
10. Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service. Our third-party services
may include, but a not limited to the following:
Google
Analytics
Google
Analytics is a web analytics service offered by Google that tracks and reports
website traffic. Google uses the data collected to track and monitor the use of
our Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising network.
For
more information on the privacy practices of Google, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
We
also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Fullstory
For more
information on the privacy practices of Fullstory,
please visit the Fullstory Privacy Terms web page:
https://www.fullstory.com/legal/terms-and-conditions/
11. No Use By Minors
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of
the terms and conditions of Terms. If you are not at least eighteen (18) years
old, you are prohibited from both the access and usage of Service.
12. Accounts
When you create an account with us, you guarantee
that you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible for maintaining the confidentiality
of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of another person
or entity or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in
our sole discretion.
13. Intellectual Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of us and its licensors. Service is
protected by copyright, trademark, and other laws of foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of us.
14. Error Reporting and Feedback
You may provide us either directly at support@starstream.app or via third party sites and
tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development ideas similar
to the Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the
event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited
and perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
The third party sites and tools
mentioned above may include, but is not limited to the following:
Sentry
Sentry is open-source error tracking solution provided by
Functional Software Inc. More information is available here: https://sentry.io/privacy/
LogRocket
https://logrocket.com/privacy/
15. Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by us.
We has no control over, and assumes
no responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these entities/individuals
or their websites.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF
OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY
SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR
SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE,
OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR
LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY
LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO
THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES
WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and
limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance
with the laws of Canada without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the amended
terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting
of revised Terms means that you accept and agree to the changes. You are
expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue
in full force and effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please
send your feedback, comments, requests for technical support:
By email: support@starstream.app.