Terms of Service
Updated April 7, 2014
YOUR USE OF THIS WEBSITE INDICATES EXPLICIT AGREEMENT TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE, EXIT THIS WEBSITE IMMEDIATELY.
- You are responsible for any information and/or content you enter or upload onto the Daystar Foundation and Library, Inc., (“Daystar”) website. You are legally responsible for any and all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted or stored through your use of the Daystar website. By using the Daystar website, you grant Daystar a worldwide, royalty-free, nonexclusive Agreement to host and use any Content provided through your use of the Daystar website. You agree not to use the Daystar website for any illegal purpose or in violation of any applicable laws, including state, federal or international law(s). Daystar is NOT responsible for any Content that may be lost or unrecoverable. Daystar is NOT responsible for any of the Content or data you provide through use of the Daystar website.
- You agree that you will not use the Daystar website to do any of the following:
- share, store, or in any way distribute financial data that is not in accordance with the law. Any user(s) suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their account(s) terminated, any financial data erased, etc. Further, such user(s) may be reported to law enforcement.
- upload, post, distribute, link to publish, reproduce, engage in or transmit content or data that is illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind;
- upload, post, distribute, link to publish, reproduce, engage in or transmit content or data that would encourage or constitute an attack, “flaming,” “bullying,” of others;
- upload, post, distribute, link to publish, reproduce, engage in or transmit content or data that would encourage or constitute criminal or civil liability under any local, state, federal or foreign law;
- upload, post, distribute, link to publish, reproduce, engage in or transmit content or data that would impersonate another or falsely represent your identity, qualifications, or that constitutes a breach of any individual’s privacy, including posting images of anyone without their consent, or, in the case of a minor, a parent or guardian’s consent;
- upload, post, distribute, link to publish, reproduce, engage in or transmit content or data that constitutes a chain letter, pyramid scheme, spamming, flooding, virus, Trojan horse, worm or other disruptive or harmful software or data;
- upload, post, distribute, link to publish, reproduce, engage in or transmit content, data or information that is not legally yours and/or that may be protected by copyright or other proprietary rights, intellectual property or other ownership rights, including, but not limited to, derivative works, without prior permission from the copyright owner or intellectual property rights owner.
- The Daystar website may include access to an online/community forum to exchange information with other users of the Daystar website and the public. Daystar does not support, nor is Daystar responsible for, the accuracy of others’ content, hypertext links, etc. Daystar, in its sole discretion, may monitor Content provided on the community forum. Daystar reserves the right to disclose any information required to satisfy any legal obligations, operate the Daystar website, and/or protect Daystar, its customers, users and guests. Daystar, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of any law or this Agreement.
- You specifically agree that Daystar may use your comments, feedback, suggestions, and ideas regarding the Daystar website, in any way including future modifications to the Daystar website, other products or services, advertising or marketing materials. You specifically grant Daystar a perpetual, worldwide, fully transferable, irrevocable, sublicensable, fully paidup, royalty-free Agreement to use any comments, feedback, suggestions, and ideas regarding the Daystar website in any way.
For Daystar website access, such as membership-restricted access, on a payment or subscription basis, the following terms apply, unless Daystar notifies you in writing:
- Payment will be billed to you in U.S. dollars.
- Your account will be debited when you subscribe and provide payment information, unless stated otherwise in the program ordering or payment terms on the website for the Daystar website.
- Payment is accepted in one of the following forms:
- A valid credit card acceptable to Daystar.
- A valid debit card acceptable to Daystar.
- Sufficient funds in a cash-available bank account to cover an electronic debit of payment.
- Other payment options Daystar may accept by providing written notice to you of the other available payment option(s).
- If your payment and/or registration information is inaccurate, or out of date, or incomplete, and you do not notify Daystar promptly about changes of this information, Daystar may immediately suspend or terminate your account, terminate this Agreement, and/or refuse any further use of the Daystar website.
- Daystar will automatically renew membership subscriptions on a timely basis at the then-current applicable membership subscription rate, unless the Agreement has been cancelled or terminated per the terms herein.
- ADDITIONAL TERMS
- Daystar may inform you about other services, features, promotions, applications, products and similar goods and/or services provided by Daystar. If you opt to use any of these, additional terms and conditions and separate fees may apply. You understand and specifically agree that Daystar has your permission to use any data you enter, including, but not limited to, names, addresses, phone numbers, purchases, and similar data for the purposes of providing Daystar goods and/or services, to monitor and analyze your use of Daystar’s services, to maintain and update your data, and to address any errors or interruptions of service. You specifically grant Daystar permission to manipulate the data you have entered or uploaded to combine it with other user data. You also specifically grant Daystar permission to share or publish such research data that does not identify you or any individual personally.
- Daystar may inform you about and/or provide other services, features, promotions, applications, products and similar goods and/or services provided by third parties who are not affiliated with Daystar. In addition, the Daystar website may contain links to third party websites. You specifically agree that Daystar can use your contact information, including name and address, for the purposes of offering these goods and/or services to you. If you decide to use any third party goods and/or services, you understand you are responsible for reviewing the third party’s separate terms and conditions and other relevant policies. You specifically agree that the third party, and not Daystar, is responsible for their goods and/or services, the performance thereof, and any content, warranties, etc., on the third party websites. Daystar has no liability for any third party.
- Daystar may be required by law to send you communications regarding the Daystar website or other goods and/or services. You agree that Daystar may send such communications to you or post them electronically on a Daystar-sponsored website. Daystar may also send business communications. You agree that Daystar may send such communications to you or post them electronically on a Daystar-sponsored website.
- You are responsible for securely managing your passwords and/or other protected means to access the Daystar website. Should unauthorized access occur, you agree to contact and notify Daystar as soon as possible.
- Daystar may periodically update the Daystar website.
- You are responsible for complying with any EXPORT CONTROL laws, restrictions and/or requirements, both directly and indirectly.
- You agree to not provide membership-only access areas of the Daystar website to anyone else, or to use the Daystar website for any illegal purpose, or to use the Daystar website in support of terrorism.
- The original language of this Agreement is English. In the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.
- You acknowledge and agree that any software used in connection with the Daystar website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Daystar, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works based on the Daystar website or underlying software, in whole or in part.
- Daystar grants you a personal, non-transferable and non-exclusive right and license to use the Daystar website and underlying software on a single computer; provided that you do not, nor allow any third party, to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the website and/or software. You agree not to modify the website or software in any manner or form, or to use modified versions of the website or software, including without limitation for the purpose of obtaining unauthorized access to the membership-only access areas of the Daystar website. You agree not to access the website or software by any means other than through the interface that is provided by Daystar for use in accessing the website.
- Daystar owns and fully protects various intellectual property, including without limitation copyrights, service marks and trademarks. Without Daystar’s prior written permission, you agree not to display or use in any manner, any Daystar intellectual property.
- DISCLAIMER REGARDING WARRANTIES
- THIS DAYSTAR WEBSITE IS PROVIDED BY THE COPYRIGHT OWNER/HOLDER “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA LOSS NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT OWNER/HOLDER OR CONTRIBUTOR, IF ANY, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR ANY OTHER TYPE OF DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES – INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, AND/OR BUSINESS INTERRUPTION – HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OR ANY OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OF THIS DAYSTAR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- YOUR USE OF THE DAYSTAR WEBSITE AND CONTENT ACCESSIBLE THROUGH THE DAYSTAR WEBSITE IS ENTIRELY AT YOUR OWN RISK.
- TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, DAYSTAR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED.
- DAYSTAR DOES NOT WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE DAYSTAR WEBSITE.
- DAYSTAR DOES NOT WARRANT THAT THE DAYSTAR WEBSITE IS SECURE.
- DAYSTAR DOES NOT WARRANT THAT THE DAYSTAR WEBSITE IS FREE FROM BUGS, VIRUSES, ERRORS, THEFT, INTERRUPTION OR DESTRUCTION.
- DAYSTAR DOES NOT WARRANT YOUR USE OF THE DAYSTAR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE DAYSTAR WEBSITE IS IN ACCORDANCE WITH APPLICABLE LAW.
- IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
- LIMITATION OF LIABILITY AND INDEMNITY
- FOR ANY MATTER OR CLAIM RELATING TO THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PROVIDED BY LAW, DAYSTAR’S LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR MEMBERSHIP DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
- You agree to indemnity and hold Daystar harmless from any and all claims, liability and expenses, including reasonable attorney’s fees and costs, arising out of your use of the Daystar website.
- Daystar reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim. You agree to cooperate with any reasonable request by Daystar in defense of any claim.
Daystar, at its sole discretion, may immediately and without notice terminate this Agreement or suspend or terminate access to the Daystar website. Upon termination or suspension, you must immediately stop using the Daystar website. Further, upon termination or suspension, any outstanding payments will become due. Termination or suspension shall not affect Daystar’s rights to any payments due to Daystar. Daystar may terminate a free account at any time. Daystar may terminate a trial account at any time. Some sections of this Agreement will survive and remain in effect even if the Agreement is terminated, cancelled, suspended or rescinded.
- JURISDICTION, VENUE AND CHOICE OF LAW
This Agreement is entered into in the State of Oklahoma in the United States of America, and shall be interpreted, construed, and enforced pursuant to, and in accordance with, the laws of the State of Oklahoma in the United States of America. Agreement expressly consents to the personal and/or corporate jurisdiction of all courts of the State of Oklahoma in the United States of America and the U.S. District Court for the Western District of Oklahoma in the United States of America. Agreement expressly agrees that, for any and all legal causes of action as between the Parties, exclusive jurisdiction, venue, and choice of law shall reside in all courts of the State of Oklahoma in the United States of America. Any civil action(s) arising from, and/or relating to, this Agreement shall be filed and tried in the federal or state court, as appropriate, located in Oklahoma City, Oklahoma, in the United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral and written agreements regarding said subject matter.
- WAIVER OR MODIFICATION
Daystar may change this Agreement from time to time. Such changes, if any, will be effective when posted electronically or when you are notified by other means. Please review the Agreement periodically for any changes. Daystar reserves the right to change any term in the Agreement provided we give reasonable notice to you. Daystar may change or discontinue the Daystar website, in whole or in part, including, but not limited to, any aspect of the Daystar website, pricing, technical support options, and/or any other product-related policies. Your continued use of the Daystar website indicates your agreement to any change in this Agreement. The waiver of any breach or default hereunder will not constitute a waiver of any prior or subsequent breach or default of the same or any other provision(s) of this Agreement.
If any provision(s) of this Agreement, or its application to a person or circumstance, is determined to be illegal, invalid or unenforceable by the highest court of competent jurisdiction from which there is no right of appeal, said provision(s) will be severed herefrom, and the Parties will continue to be bound by the remaining provisions. The severed provision(s) will be replaced with a legal, valid and enforceable provision(s) that is as close as possible in meaning to the severed provision(s).
The headings in this Agreement are for convenience only. Said headings shall not be used in interpreting this Agreement, and shall not otherwise affect the meaning or interpretation of this Agreement.
- NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your use of the Daystar website and membership, if any, is nontransferable and any rights to your member account, password, ID or contents within your membership account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.