Terms of Service
Last edited: May 17, 2017
1. Acceptance of Terms
A. By using and/or visiting this website (referred to as the "StarCatcher.org Website" or "Website" in this document), you represent that you agree to the clauses outlined below (i.e. the "Terms of Service").
B. The StarCatcher.org Website is owned and operated by E&E Technologies, inc. E&E Technologies reserves the right to modify these Terms of Service at any time in its sole discretion, and you agree to be bound by such modifications or revisions. You are responsible for reviewing these Terms of Service regularly, but we may try to notify you when major changes occur.
E&E Technologies is not responsible for the content, policies, or practices of any third-party websites whose links may appear in the Website. In addition, we cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve E&E Technologies from all liabilities that arise from your use of any third-party website (i.e. websites that are not owned or controlled by us).
A. Some features of the Website can only be accessed through a StarCatcher.org account. You may only create one account, and you may not use someone else’s account without permission. You alone are responsible for the activity that occurs on your account, and you must ensure that your account password is secure. You must immediately notify the administrator of StarCatcher.org of any breach of security or unauthorized use of your account. The administrator can be reached at firstname.lastname@example.org.
B. E&E Technologies will not be liable for any losses you sustain from unauthorized use of your account. However, you may be liable for losses that such unauthorized use creates for E&E Technologies or others.
C. Accounts that have been inactive for five years or longer may be deleted by the Website. Any information stored on the account, such as favourites and profile information, may be unrecoverable. Email reminders will be sent to you near the end of the five-year period.
D. Failure to follow the Website’s Terms of Service may result in deletion of your account. E&E Technologies may determine in its sole discretion if a user has violated the Terms of Service, excluding cases of copyright or privacy law violations.
E. You must be over 13 years old to create an account. By creating an account, you confirm that you meet the age requirement.
4. General Use of the Website
E&E Technologies hereby grants you permission to access and use the Website as set forth in these Terms of Service, with the following conditions:
A. You will not distribute any part of the Website, including but not limited to User Submissions (defined below), without the prior written authorization of E&E Technologies.
B. You will not modify any part of the Website or compromise its technical integrity.
C. You will use the Website for any commercial purpose without the prior written authorization of E&E Technologies. Prohibited commercial uses (unless permission is explicitly granted by E&E Technologies in individual cases) include:
D. You will not use or launch any automated system (such as "robots," "spiders," or "offline readers") that, in the same period of time, sends more request messages to the Website servers than a human using a conventional on-line web browser can reasonably produce. However, E&E Technologies grants permission to public search engines to copy materials from the site via spiders for the sole purpose of and only to the extent necessary for creating publicly available searchable indices of the materials. The Website reserves the right to revoke these exceptions either generally or in specific cases.
E. You will not collect any personally identifiable information such as account names from the Website.
F. You will not use the Website’s communication systems (e.g. comments, Private Messages) for any commercial solicitation purposes. This includes soliciting users of the Website with respect to their User Submissions for commercial purposes.
F. You will use the Website in accordance with these Terms of Service as well as all applicable local, national, and international laws and regulations.
G. E&E Technologies may in its sole discretion cease to offer any part or feature of the Website at any time.
H. You will only access User Submissions for your personal use, and use the Website as intended through its normal functionality.
I. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that E&E Technologies is not responsible for the accuracy, usefulness, or safety such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable rights or remedies you have or may have against E&E Technologies with respect thereto, and agree to indemnify and hold E&E Technologies, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. User Submissions and Conduct
A. Textual or visual content submitted by account holders on the Website (including stories, profile images, or messages to other account holders) are collectively referred to as "User Submissions" within the Terms of Service document. Confidentiality is not guaranteed with respect to any User Submissions, regardless or whether they are published on the Website.
B. You alone are responsible for your own User Submissions and the consequences of publishing them on the Website. You affirm, represent, and/or warrant that:
You agree that you will not submit to the Website any material to which you do not have the aforementioned rights, permissions, or consents.
C. You own your User Submissions and do not give up any ownership rights by submitting them to the Website. However, by submitting User Submissions to the Website, you hereby grant E&E Technologies a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions (including any material protected by third party proprietary rights) in connection with the Website. You also hereby waive any moral rights you may have in your User Submissions (including any material protected by third party proprietary rights) and grant each user of the Website a non-exclusive license to access your User Submissions through the Website.
D. You understand and agree that the Website may store, but not display, distribute, or perform, server copies of deleted User Submissions.
E. E&E Technologies does not endorse any User Submission or any opinion, recommendation, or advice that User Submissions contain. E&E Technologies disclaims all liability related to User Submissions.
F. Copyright infringing activities are not permitted on the Website. E&E Technologies will remove all Content and User Submissions that infringe on intellectual property rights or violate any applicable privacy laws, upon proper notification (Please see 6. Copyright Policy). E&E Technologies may remove Content and User Submissions without prior notice.
6. Copyright Policy
E&E Technologies may delete user accounts that have been involved in copyright infringement. To file a copyright infringement notification with us, you will need to email us with all of the following information:
10. Your signature. Scanned physical signatures or a valid electronic signature will both be accepted.
The notice must be sent in English, to the following address:
Please note that the information you send may be forwarded to the submitter of the content in question, to facilitate communication between you.
Please confirm that the content in question infringes upon your copyright before submitting your copyright infringement notification. You may face adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement through this process.
7. Warranty and Condition Disclaimer
YOU AGREE THAT YOUR USE OF THE StarCatcher.org WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, E&E Technologies, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. E&E Technologies MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE StarCatcher.org WEBSITE. E&E Technologies EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. E&E Technologies DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE StarCatcher.org WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND E&E Technologies WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
8. Limitation of Liability
IN NO EVENT SHALL E&E Technologies, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE StarCatcher.org WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT StarCatcher.org SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. E&E Technologies operates in Toronto, Canada, and makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the StarCatcher.org Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless E&E Technologies as well as its officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the StarCatcher.org Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the StarCatcher.org Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by E&E Technologies without restriction.
You agree that: (i) the StarCatcher.org Website shall be deemed solely based in Ontario; and (ii) the StarCatcher.org Website shall be deemed a passive website that does not give rise to personal jurisdiction over E&E Technologies, either specific or general, in jurisdictions other than Canada. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and E&E Technologies that arises in whole or in part from the StarCatcher.org Website shall be decided exclusively by a court of competent jurisdiction located in Canada. These Terms of Service and any other legal notices published by E&E Technologies on the Website, shall constitute the entire agreement between you and E&E Technologies concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure of E&E Technologies to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. E&E Technologies reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the StarCatcher.org Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND E&E Technologies AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE StarCatcher.org WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.