1. Introduction
The Stars Align mobile application and related software and/or services (the “App”) is owned and operated by Stars Align, Inc., a Delaware corporation (“Stars Align,” “we,” “us,” “our”) and are subject to these Terms of Use (“Terms” or “Agreement”). These Terms are intended to apprise you of the terms and conditions of your use of the App, any content, or other services or products offered or provided by Stars Align or its partners or affiliates.
2. Acceptance of Terms of Use
We encourage you to read these Terms carefully before you start using the App. By using the App, you agree to be bound by the terms and conditions contained in this Agreement. In addition, by using the App you acknowledge that you have read and understand our Privacy Policy. If you do not accept and agree to be bound by these Terms, we ask that you do not use the App.
3. Account Eligibility
In order to use the App, you need to register for an account (“Account”). We have a few requirements in order for you register for an Account:
a. You must be at least 18 years old;
b. You must not be prohibited by law from using the App;
c. You must not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
d. You must not be listed on any governmental list of individuals prohibited from conducting business with the U.S.;
e. You must have never been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence; and,
f. You must not be required to register as a sex offender with any state, federal, or local sex offender registry.
If you can’t fulfill these requirements, we ask that you do not register for an Account. If you meet these requirements now, but don’t in the future, you must delete your account immediately. We also retain the right to remove your access to the App and to delete your account without warning.
4. Prohibited Content
The Stars Align App is at its best when we, you, and other members are exchanging quality content with each other. You will have access to a bunch of phenomenal content, and will be able to contribute your own. However, there are certain types of content we can’t allow in the App, and you are prohibited from sharing content that:
a. Is Considered Offensive or Harassing. You are prohibited from contributing any content that would be likely to offend or harass anyone that uses Stars Align. An example of this type of prohibited content is discriminatory content targeted towards other members of Stars Align.
b. Is Obscene or Violent. You are not allowed to contribute any content that would be characterized as obscene or violent. This includes obscene language and any images of a violent subject matter, among others.
c. Is Pornographic in Nature. You are prohibited from sharing any pornographic content via Stars Align.
d. Facilitates Illegal Activity. You are prohibited from contributing any content that may facilitate or support any illegal activity, including terrorism or hate crimes.
e. Is Defamatory. You are prohibited from contributing any defamatory content on the App.
f. Relates to Commercial Activity. You may not use Stars Align to promote or participate in any commercial ventures, including advertising or sales.
g. Contains Spyware or Other Malicious Code. You may not contribute any content that contains any viruses, Trojans, spyware, or any malicious code that is designed to interfere with any software, hardware, or other equipment of Stars Align or its members.
h. Contains Spam. You are prohibited from using Stars Align to send or contribute any content that could be characterized as spam.
i. Infringes a Third Party’s Rights. You may not contribute any content that would infringe a third party’s rights, including intellectual property and privacy rights, among others.
j. Is Harmful to Minors. You may not contribute any content that in any way could be deemed as harmful to minors.
Stars Align treats these matters seriously, and prohibits the above-listed categories of content without exception. In the event you contribute any prohibited content, Stars Align reserves the right to immediately suspend or terminate your account.
5. Intellectual Property
Our Content belongs to us, and we’ve spent a lot of time developing it. The text, content, logos, graphics, user interfaces, trademarks, and other intellectual property that you see on our App and website belong to us, are controlled by us, or are licensed by us, and they are all protected by copyright, trademark, and other intellectual property law rights.
When you use the App or our website, we grant to you a nonexclusive, limited, personal, non-transferable, revocable license to both access and use Our Content. Your right to this license is contingent on your adherence to these Terms and to any applicable laws.
6. Privacy Policy Link
For more information concerning how we collect, use, and store data collected from you, please review our Privacy Policy, which you can find at http://www.starsalign.co/privacy-policy. By using the App, you acknowledge that you have read and understand our Privacy Policy.
7. Payment
By entering into these Terms, using the App or other products or services, or otherwise providing us with your telephone number or email address, you agree to receive communications from us and our affiliates and representatives, which may include (without limitation) emails, push notifications, and transactional SMS, MMS and other text messages (“Communications”). Such Communications may be directed to any telephone number and/or email address that you supply to us in connection with your creation of an account or use of the App or other products or services or that you otherwise agree we may use to communicate with you. Communications may include but are not limited to: informational, transactional, operational and customer service communications, orders, payments, or messages related to the use of the App or other products or services. If you provide us with your email address, you agree we may use it to send you offers, promotions and news about our company, products and services. To opt out of promotional emails, follow the unsubscribe options in the promotional email itself.
You may also opt in to receive SMS/MMS and other text messages for marketing and other promotional purposes. Regardless of the opt-in method you use to enroll, you agree that your use of the App and other products or services is governed by these Terms. IF YOU OPT-IN TO RECEIVE PROMOTIONAL TEXT MESSAGE COMMUNICATIONS, YOU AUTHORIZE STARS ALIGN TO SEND OFFERS, PROMOTIONS AND OTHER MARKETING-RELATED COMMUNICATIONS VIA TEXT MESSAGE TO THE TELEPHONE NUMBER YOU SPECIFY AND REPRESENT THAT YOU ARE AUTHORIZED TO RECEIVE MOBILE MESSAGES AT SUCH NUMBER. YOU AGREE THAT TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY. Message frequency will vary. You also agree that carrier Message and Data Rates may apply to any text messages you receive in accordance with your carrier rate plan. YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE AUTODIALED PROMOTIONAL TEXT MESSAGES AS A CONDITION OF ANY PURCHASE OR USE OF THE APP OR OTHER PRODUCTS OR SERVICES WE OFFER. By replying “STOP” to any text message you receive from us (whether transactional or promotional), you can opt out at any time of receiving further text messages from us. However, you acknowledge that opting out of receiving text messages may impact your use of the App or other products or services. When you opt-out, you agree we may send you an opt-out confirmation message. For support or assistance, [text HELP in reply to any text message you receive from us or] email us at hello@starsalign.co. We may change any short code or telephone number we use to operate the App or other products or services at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. We and the wireless carriers supported by the App and other products and services are not liable for any failed, delayed or undelivered messages. If you change your mobile phone number, you agree to opt out of receiving communications from us first.
8. Payment
Throughout your relationship with Stars Align you may have opportunities to make purchases for various products and services associated with Stars Align through Stripe, iTunes, Google Play or other external services (each, an “External Service”). When you use an External Service to make a purchase, your method of payment will be charged for that purchase in accordance with the terms that are disclosed to you at the time of purchase as well as that External Service’s standard terms.
IF YOU PURCHASE A SUBSCRIPTION THROUGH AN EXTERNAL SERVICE, IT WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IN ACCORDANCE WITH THE TERMS THAT ARE DISCLOSED TO YOU AT THE TIME OF PURCHASE – SIMPLY TERMINATING YOUR ACCOUNT WITH STARS ALIGN WILL NOT PREVENT YOU FROM BEING BILLED AGAIN IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITH THE EXTERNAL SERVICE.
In order to cancel your subscription with an External Service you must log in to that External Service and follow that External Service’s own instructions regarding cancellation. Once you cancel your subscription through an External Service, you will be able to continue using Stars Align until your then-current subscription term expires.
Refunds. Generally, your purchases of Stars Align services or products are considered final and are nonrefundable. We do not offer refunds unless required to do so by law.
9. Account Termination
We understand that there may come a time where you wish to terminate your Account. At any time, you have the right to delete your Account via the App. However, deleting your Account via the App does not cancel your payments that are managed by an External Service Provider such as the Apple App Store. You must cancel your purchase through those External Service Providers in order to avoid additional charges. These Terms remain enforceable between you and Stars Align if we terminate your account or if you terminate your account for any reason.
10. Background Check
BY USING THE APP, YOU UNDERSTAND THAT STARS ALIGN DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE ALSO DO NOT CONDUCT IDENTIFICATION VERIFICATION CHECKS ON OUR USERS. STARS ALIGN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OF OUR USERS’ CONDUCT OR ANY USER’S COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WHILE WE DON’T CURRENTLY CONDUCT BACKGROUND CHECKS ON OUR USERS, STARS ALIGN RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME BY USING PUBLICLY AVAILABLE RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
11. Digital Millennium Copyright Act
We take copyright infringement seriously, and we’ve adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Our policy covers both Our Content as well as Member Content. If you feel that any Member Content or Our Content infringes upon your intellectual property rights, we ask that you submit a notification alleging such infringement (“DMCA Takedown Notice”). Your DMCA Takedown Notice should include the following pieces of information:
i. A physical or electronic signature of a person authorized to act on behalf of the woner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of works;
iii. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notice should be sent to: hello@starsalign.co.
12. Disclaimer
While we believe strongly in our services, Stars Align does not make any future predictions. All astrological analysis is based on your personal information, so please make sure to provide us with accurate and detailed information. Be aware that we do not guarantee that even strong score matches will translate to a positive or successful relationship. Remember, stars incline but you decide!
ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN PARTICULAR, WE MAKE NO WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED. WE ALSO MAKE NO WARRANTIES THAT THE CONTENT IS ERROR FREE OR THAT THE SERVERS THAT HOST SUCH CONTENT ARE ERROR FREE. WE FURTHER MAKE NO WARRANTIES REGARDING THE OUTCOME OF YOUR USE OF THE CONTENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The App may contain technical inaccuracies or typographical errors.
13. Limitation of Liability and Indemnity
By using the App, you agree to indemnify Stars Align against any and all liabilities in connection with any claim arising out of any breach by you of these Terms. You further agree to pay all of Stars Align’s attorneys’ fees and costs in connection with any breach by you of these Terms or in any action brought by you against Stars Align in which the claim or lawsuit is dismissed.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF CONTRACT, SHALL STARS ALIGN BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR THE CONTENT.
14. Dispute Resolution & Arbitration Agreement
We ask that you read the following arbitration agreement (“Arbitration Agreement”).
This Arbitration Agreement requires you to arbitrate any disputes with Stars Align and limits the methods you may use to remedy any damages from Stars Align.
a. What Does This Arbitration Agreement Cover? Any dispute or claim related to your use of or App, or related to your relationship with Stars Align, is covered by this Arbitration Agreement.
b. What Rules Apply to Arbitration? Arbitration shall be BINDING ARBITRATION and will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures.
c. Waiver of Ability to go to Court. By using Stars Align’s Services you agree to this Arbitration Agreement, and in so doing, YOU WAIVE YOUR RIGHT TO GO TO COURT with regards to any claims you may have against Stars Align. Additionally, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS PROCEEDING. The decision of the arbitrator is final, and will only be overturned in court in a very select few instances.
15. Governing Law and Forum
You agree that by using our App and Our Content, the laws of Virginia, excluding Virginia’s conflict of laws rules, will apply to any disputes or claims arising from or related to your relationship with Stars Align. However, the Arbitration Agreement contained in Section 13 shall be governed by the Federal Arbitration Act.