BarStar

 

Terms of Service

 

Last Updated: 06/03/2013

 

BarStar -- Terms of Service

Welcome, and thank you for your interest in BarStar, a subsidiary company of JS Idea Labs, Inc., (“BarStar”) and our web site located at [www.imabarstar.com] (the “BarStar Site”). We are pleased to offer you access to the BarStar Site and any our other web sites, networks, mobile applications (“Apps”), downloadable software, features, or services operated by BarStar (the “BarStar Service”) conditioned on your acceptance without modification of the following BarStar Terms of Service (the “ToS”).

PLEASE READ THE FOLLOWING ToS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BARSTAR. BY  ACCESSING, BROWSING, DOWNLOADING APPS AND/OR OTHERWISE USING THE BARSTAR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING ToS, INCLUDING THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE END USER LICENSE AGREEMENT, THE PRIVACY STATEMENT AND OTHER GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE ToS, THEN PLEASE DO NOT USE THE BARSTAR SERVICE.

1.    Eligibility; Registration Information and Password; BarStar Service Access.

THE BARSTAR SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 21 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE BARSTAR SERVICE. BY USING THE BARSTAR SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BARSTAR SERVICE.  THE USER WILL NOT USE ANY PURCHAES FOR ANY PERSON UNDER THE AGE OF 21.

SUBJECT TO YOUR COMPLIANCE WITH THESE ToS AND ALL APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION ANY AND ALL LAWS REGULATING THE PURCHASE OF ALCOHOL), BarStar grants you permission to access and use the BarStar Service solely for your personal use, as set forth in these ToS and consistent with the intended features of the BarStar Service.

2.    Registration.

In order to use the BarStar Service you will need to register for an account. You agree that the information you provide to BarStar on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up–to–date at all times. You are solely responsible for maintaining the confidentiality of your account and for restricting access to any device on which you may access your account, and you agree to accept responsibility for all activities that occur under your account.

3.    Compliance with Law.

Laws in all jurisdictions in the United States prohibit the purchase of alcohol by persons under the age of 21. Additional laws and regulations may govern the purchase of alcohol in the jurisdiction in which you are using the BarStar Service. You are responsible for determining what laws apply to your purchase of alcohol using the BarStar Service, and for applying the laws in the relevant jurisdiction when using BarStar products and services. You may not use BarStar products or services in violation of these or any other laws.

4.    Privacy and other Policies.

a)   Privacy Statement. Your privacy is important to BarStar. The BarStar Privacy Statement, www.imabarstar.com/privacy is hereby incorporated into these ToS by reference. Please read this Statement carefully for information relating to our collection, use, and disclosure of your personally identifiable information. By using the BarStar Service, you represent and warrant that you have read and agreed to the practices described in the BarStar Privacy Statement. The practices described in the BarStar Privacy Statement apply only to our use of information supplied by you to BarStar through the BarStar Service. 

b)   Guidelines. When using the BarStar Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the ToS.

5.    Prohibited Conduct:  All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:

a)   Access or attempt to access content or features of the BarStar Service for which you have not registered;

b)   Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the BarStar Service, or any of the permissions granted herein.

c)    Use the BarStar Service on behalf of any third party, or in connection with any type of “service bureau” activity;

d)   Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content using the BarStar Service;

e)   Impersonate another person or entity, or access another user’s account without that user’s permission;

f)   Misrepresent the source, identity, or content of information transmitted via the BarStar Service;

g)   Use any bot, spider, or other automated program or process to access the BarStar Service, except for the sole purpose of crawling the BarStar Service in connection with legitimate indexing services of commercially available general purpose search engines, and solely in compliance with our robots.txt file; or

h)   Use the BarStar Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email or telephone marketing.

6.    Payment and Billing

a)   You acknowledge and agree to pay the full price for each order you place through the BarStar Service, regardless of whether you actually pick up the Products. BarStar is not responsible for any inaccurate prices displayed in the BarStar Service. Prices are inputted directly by the Merchant and may not include taxes. The prices are subject to change without notice.  To use the BarStar Service, you agree to pay the minimum gratuity that is included in the final price of each order that you place through the BarStar Service. In addition,

you agree to pay all fees charged by your carrier in connection with your use of the Application. You acknowledge and agree that these rates depend on the applicable carrier and your personal subscription package with that carrier. Please be advised that BarStar charges an additional 7% Merchant processing fee on every order, making the Products sold through the Application approximately more expensive than those sold by the Merchants without the use of the Application.  The information regarding price, product specifications and availability contained on this Application has been provided by the best of our knowledge, but we make no guarantees that the prices charged by BarStar are the same as the prices charged by their brick-and-mortar stores at the time an order is placed. While BarStar has undertaken measures to confirm the accuracy of the information contained on this Application, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting of inaccurate information. BarStar does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained in this Application. If you become aware that our site contains inaccurate information, please let us know by contacting us.

 

b)   Method of payment. BarStar accepts payments through payment methods detailed on the applicable payment screen, which may includes certain credit cards. Payments made through the BarStar Service are processed by third-party payment processors. Charges occur at the time of purchase or shortly thereafter. BarStar does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the BarStar Service and you agree that we may charge your selected payment method for any such payments.

c)    Account Use. To use or register for a paid feature on the BarStar Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify BarStar if the selected payment method is canceled (e.g., for loss or theft). If you do not have a valid credit card, you will be unable to use the BarStar Service. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account).

d)   Taxes. You are responsible for paying any governmental taxes imposed on your use of the BarStar Service, including, but not limited to, sales, use or value-added taxes. To the extent BarStar is obligated to collect such taxes, the applicable tax will be added to your billing account.

e)   Disputes and Refunds. When you place an order, the BarStar Service is solely a facilitator of communications and payments between you, as a user of the BarStar Service, and a Merchant. BarStar is in no way responsible for the quality of goods or services offered by the Merchant. You, not BarStar, are responsible for any orders placed in error using the BarStar System. In the event of a dispute between you and the Merchant over payment, the Merchant, and not BarStar, is fully responsible for any and all refunds agreed to between you and the Merchant. In the event of refused service, it is the sole responsibility of the Merchant to void your order. If for any reason you have placed an order in error and are unable to pick up your order, you must immediately contact the Merchant directly and request that your order be voided. However, no guarantees can be made that your order will be voided, in which case you are still responsible for paying the full cost of the order.

 

f)     Refusal of Service by Merchant. You should be prepared to present valid identification to the Merchant when using the BarStar Service to purchase alcohol. The Merchant has discretion to refuse service to you for any reason, including but not limited to, your failure to provide proper identification. If the Merchant refuses service to you, you still must pay the full cost of any orders placed through the BarStar Service unless the Merchant agrees otherwise.

 

7.    User Submissions

a)   General. The BarStar Service provides certain features which enable users to directly and indirectly post content, including text, images, and other types of works (such as by creating a profile, placing an order than includes your photo, or by posting reviews) (collectively called, “User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by BarStar. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not BarStar, are entirely responsible for all User Submissions that you make available through the BarStar Service.

b)   No Obligation to Publish. BarStar makes no representations that it will publish or make available on the BarStar Service any User Submissions (or that if made available on the BarStar Service, that any User Submission will remain available on the BarStar Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the BarStar Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, BarStar complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if BarStar becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation.

c)    License Grant by You to BarStar. You retain ownership of all your rights in and to your User Submissions, including any and all intellectual property rights in your User Submissions, and uploading User Submissions to the BarStar Service does not transfer any ownership rights. In order to enable us to operate the BarStar Service, however, we do need certain permission from you. Accordingly, by submitting User Submissions to BarStar, you hereby grant BarStar and its affiliates and other users of the BarStar Service (the “BarStar Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the BarStar Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof.

d)   User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BarStar to use your User Submissions in the manner outlined by these ToS, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these ToS.

8.    Application Usage

a)   Limited License. The Apps, are licensed, not sold or otherwise transferred to you. Subject to your acceptance of, and ongoing compliance with, the ToS (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, BarStar hereby grants you a limited, non-transferable, non-sub-licensable, revocable license to (i) use the Apps on a device that you own or control; and (ii) to use the Apps to upload User Submissions to the BarStar Service as otherwise permitted by these ToS for your own personal enjoyment. You may not use the Apps on any device that you do not own or control, and you may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

b)   Applicability to Upgrades. These ToS will govern any upgrades provided by BarStar that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.

c)    Consent to Use of Data. You agree that BarStar may collect and use technical data and related information, including, but not limited to, technical information about your handset, device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apps. BarStar may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Statement. www.imabarstar.com/privacy

d)   Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Mobile Application, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that transmitting audio data to BarStar through the Apps is a data intensive process, and you should confirm your data usage plan details with your network operator.

9.    Modification of the ToS

From time to time, BarStar may change, modify, add, or remove portions of the ToS, and reserves the right to do so in its sole discretion. If we modify the ToS, we will make them available through the BarStar Service, and indicate the date of the latest revision. We encourage users to review the ToS periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the BarStar Service for the first time after such material changes are made. All amended ToS automatically take effect 30 days after they are made available through the BarStar Service, except that (i) disputes between you and BarStar will be governed by the version of the ToS that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the ToS, you may terminate these ToS by ceasing use of the BarStar Service. Your continued use of the BarStar Service after revised ToS have become effective indicates that you have read, understood and agreed to the current version of the ToS.

10. Prohibited Uses.

a)   Access to the BarStar Service from territories where its contents are illegal is prohibited. The BarStar Service is designed for customers in the United States. Those who choose to access the BarStar Service from other locations do at their own initiative and are responsible for compliance with all local laws including, without limitation, laws related to the purchase of alcohol and rules related to the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.

b)   You may not use the BarStar Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the BarStar Service. You may not attempt to gain unauthorized access to the BarStar Service, or any part of it, other accounts, computer systems or networks connected to the BarStar Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the BarStar Service or any activities conducted on the BarStar Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BarStar Service. You may not modify the BarStar Service in any manner or form, nor use modified versions of the BarStar Service.

c)    The BarStar Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the BarStar Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the BarStar Service.

11. Feedback.

You may provide BarStar with information and feedback regarding the features and performance of the BarStar Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant BarStar a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.

12. Ownership; Proprietary Rights.

The BarStar Service is owned and operated by BarStar, a subsidiary company of JS Idea Labs, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Apps and other aspects of the BarStar Service provided by BarStar (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to BarStar or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to BarStar or its affiliates and/or third party licensors. Except as expressly authorized by BarStar, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

13. Third Party Sites, Products and Services; Links.

The BarStar Service may include links to other web sites or services, solely as a convenience to users (“Linked Sites”). BarStar does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, BarStar makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the BarStar Service is solely between you and such third party. YOU AGREE THAT BARSTAR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE BARSTAR SERVICE.

14. Disputes with Third Parties

If you have a dispute with another user of the BarStar Service, or the provider of any Linked Site, or any other third party arising in connection with your use of the Apps or the BarStar Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

15. Notice.

Except as explicitly stated otherwise, legal notices will be served on BarStar at: BarStar, a subsidiary company of JS Idea Labs, Inc.; 11901 Santa Monica Blvd #493, Los Angeles, CA 90025.

Legal notices will be served on you at either the email or physical address you provide to BarStar during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

16. Termination.

a)   By BarStar. You agree that BarStar, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with BarStar or use of the BarStar Service and remove and discard all or any part of your account or any content uploaded by you, at any time. BarStar may also in its sole discretion and at any time discontinue providing access to the BarStar Service, or any part thereof, with or without notice. You agree that any termination of your access to the BarStar Service or any account you may have or portion thereof may be affected without prior notice, and you agree that BarStar will not be liable to you or any third party for any such termination. BarStar does not permit copyright infringing activities on the BarStar Service and reserves the right to terminate access to the BarStar Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the BarStar Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BarStar may have at law or in equity.  Your BarStar account can and will be terminated if you "no-show" for five orders within the same twelve-month period.

b)   By You. You may terminate your account, this Agreement and your right to use the BarStar Service at any time and for any reason or no reason, by contacting BarStar customer support at info@imabarstar.com, and immediately discontinuing all use of the BarStar Service, including any and all mobile applications, embedded widgets, plugins, or other software components.

c)    Fees. Upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the BarStar Service before termination. Termination does not give rise to any right of refund.

d)   Survival. Sections 4, 7, 8, and 11 through 21 will survive any termination of these ToS.

17. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BARSTAR AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BARSTAR DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE BARSTAR SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE BARSTAR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

18. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL BARSTAR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE BARSTAR SERVICE, EVEN IF BARSTAR OR A BARSTAR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BARSTAR’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE ToS OR YOUR USE OF THE BARSTAR SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BARSTAR SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

19. Indemnification.

You agree to indemnify, defend, and hold BarStar, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the BarStar Service, your violation of these ToS or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these ToS. BarStar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BarStar, and you agree to cooperate with our defense of these claims. BarStar will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

20. Digital Millennium Copyright Act Compliance.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the BarStar Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the BarStar Service are covered by a single notification, a representative list of such works at the BarStar Service;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BarStar to locate the material;

(iv) Information reasonably sufficient to permit BarStar to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) 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

(vi) 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.

The BarStar Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at BarStar, a subsidiary company of JS Idea Labs, Inc., 11901 Santa Monica #493, Los Angeles, CA 90025 or by email at info@imabarstar.com. For clarity, only DMCA notices should go to the BarStar Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to BarStar customer service through info@imabarstar.com You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

 

21.  Availability of Services

BarStar is in no way responsible for any network limitations. In the event your network provider fails to deliver any communication to BarStar or to one of its Merchants in a timely fashion due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Application, you acknowledge and agree that neither BarStar nor its Merchants shall be liable for any losses or damages. In addition and without limiting the foregoing, in no event will BarStar or its Merchants be liable for any error by you in using the Application, including accidental submission of an order or other message.

 

22.  Miscellaneous.

These ToS shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BarStar must be resolved by a court located in the Southern District of California, unless agreed in writing otherwise by the parties. If any provision of these ToS shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these ToS, and will not affect the validity and enforceability of any remaining provisions. The ToS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by BarStar without restriction. The heading references herein are for convenience only, do not constitute a part of these ToS, and will not be deemed to limit or affect any of the provisions hereof. These ToS (including the End User License Agreement, the Privacy Statement and any and all Guidelines) is the entire agreement between you and BarStar relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the ToS or Guidelines made by BarStar as set forth in Section 9 above. Failure by BarStar at any time to require performance of any provision of these ToS will in no manner affect our right to enforce the same at a later time.

The services hereunder are offered by BarStar, a subsidiary company of JS Idea Labs, Inc., located at 11901 Santa Monica Blvd #493, Los Angeles, CA  90025; BarStar may be contacted by email at info@imabarstar.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.