The Agreement is made by and between StarrTrek and each user of the Contents, system, or networks (“User”). A “Person” is a natural person, a corporation, proprietorship, partnership, governmental entity, or any other legal person or entity.
Nature of Information. StarrTrek publishes feature articles for entertainment and informational purposes. Contents may not be accurate, complete, or up to date. To the extent permitted by applicable law, StarrTrek claims its patent, copyright, trademark, publicity, and any other intellectual property rights in its web sites and all information, software, data, or other contents of any kind on or interlinked with StarrTrek web site (“Contents”). All rights are reserved.
Limits on Uses of User Information. By using any part of StarrTrek, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user’s (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by StarrTrek, including but not limited to any Commercial Purpose. “Commercial purposes” can include, but is not limited to, selling information to third parties; using the data collected to customize users’ experiences; using the data for targeted marketing campaigns; or using the data to offer services to StarrTrek users. StarrTrek reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any part of StarrTrek account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person’s use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to StarrTrek on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Advice of Professionals. All Contents, (including the information relating to activities that could result in damage, injury, or death) is for informational and entertainment purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. StarrTrek does not recommend the self-management of health problems or duplication of any activity or process described in the Contents. You should never disregard professional advice or delay in seeking advice because of something in the Contents and you should not use the Contents for diagnosing a health or other problem or prescribing a medication.
Assumption of the Risk. The User assumes any and all risk of damage, injury, or death, from use of the Contents. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the Contents.
Content Restrictions. StarrTrek provides content for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of StarrTrek are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on StarrTrek is strictly prohibited without the prior written permission of StarrTrek. Content that is publicly available on StarrTrek may not be stored in a computer, except for personal and non-commercial use.
Submission of Content on this Web Site.
By providing any Content to StarrTrek:
- (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
- (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section;
- (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
StarrTrek Links To Other Web Sites. The Contents may link you to other web sites or information, software, data, or other contents on or off the internet. However, StarrTrek has not reviewed the contents that may be linked and is not responsible for the content. Your linking to any other pages on other sites is at your own risk. Please remember that such sites are not StarrTrek sites and the content on such sites could change without StarrTrek’s knowledge. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to StarrTrek. StarrTrek has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor does StarrTrek endorse or support them. StarrTrek does not warrant, nor is it in any way responsible for, information, software, data, or other contents that are outside of StarrTrek’s control.
User Indemnification. Each User will indemnify and hold harmless StarrTrek Entities against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by User with the terms and conditions hereof; (b) any third-party actions related to or arising from User’s receipt or use of the Contents, whether authorized or unauthorized under the Agreement.
Notices. The parties agree that any notices of Dispute or other communications addressed to StarrTrek will be sent by Certified or Registered Mail, return receipt requested to the above address, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.
DISCLAIMER OF WARRANTIES. THE CONTENTS ARE “AS IS” AND “WITH ALL FAULTS”. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR OF VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, StarrTrek , ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY StarrTrek (COLLECTIVELY, StarrTrek ENTITIES ), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THESE WEB SITES OR THE CONTENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. BECAUSE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSION THEREOF MAY NOT APPLY TO YOU, BUT WILL, IN ANY EVENT, APPLY TO THE MAXIMUM EXTENT PERMISSIBLE, AND, IN NO EVENT SHALL StarrTrek’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT OF U.S.$5.
DISCLAIMER OF CONSEQUENTIAL AND SIMILAR DAMAGES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, StarrTrek ENTITIES, REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THIS AGREEMENT, OR THE CONTENTS FOR INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
Independence of Last Two Clauses. The last two sections are intended to be independent of each other and the failure of essential purpose of one shall not affect the other.
Other Warranty Rights or Limitations of Liabilities. Some states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitation may not apply to you or there may be state provisions which supersede the above.
Governing Law. This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the Philippines., without giving effect to its conflicts of laws provisions or principles.
Entire Agreement; Waiver; Modification; Amendment. The terms and provisions contained in this Agreement constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all other agreements, written or oral, between the parties as to the subject matter hereof. No modification or amendment of this Agreement shall be enforceable against a party unless in writing and signed by the party against whom such modification or amendment is sought to be enforced. No failure on the part of a party to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
Successors and Assigns. Licensee may not assign this Agreement (including by operation of law) without the prior written consent of Licensor. Any such attempt to assign shall be null and void. The rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in the Agreement is intended to or shall confer on any Person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of this Agreement.
Severability. The parties agree that if any part, term, or provision of this Agreement is held illegal or invalid, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
Survival. The terms of this Agreement apply to any, receipt, use or performance that occurs before any termination, cancellation, or rescission of this Agreement, and to those obligations that arise after any termination, cancellation, or rescission of this Agreement-namely: any terms, conditions or restrictions on receipt, use, or access to the Contents, systems, or networks of StarrTrek, and any indemnification obligations.
Change of Terms. StarrTrek may alter any term of this Agreement by posting a notice that there is a change in terms on a page containing the Contents. Any use of any part of StarrTrek web site after the date of such notice is deemed acceptance of the new terms.
This website is © 2007 by StarrTrek and Oliver Starr. All rights reserved.