These Terms and Conditions of Use apply to the websites of StarNotation AG, Vaduz, Liechtenstein. The websites can found using the URLs www.StarNotation.com and www.t-rox.com. It also applies to all linked websites from the websites. All these websites shall collectively be called “Site”.
By using the site, you agree to these terms of use. If you do not agree to these terms, then do not use the site.
StarNotation reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use, any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms of Use, StarNotation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively “Content”), including, but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Content, contained on the Site is owned, controlled or licensed by or to StarNotation, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in the Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without StarNotation’s express written consent.
You may use information on StarNotation products and services (such as data sheets, knowledge base articles, and smilar materials) purposely made available by StarNotation for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not to make any additional representations or warranties relating to such documents.
You may not use any “deep link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or representation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. StarNotation reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other system or networks connected to the Site or any StarNotation server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor branch the security or authentication measures on the Site or any network connected to the Site. You may not reverse-lookup, trace or seek to trace any information on any user of or visitor of the Site, or any other customer of StarNotation, including any StarNotation account not owned by you, to its source, or exploit the Site or any service or information, including but not limited to personal identification or information, other then your own information, as provided for by the Site.
You agree that you will take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or StarNotation’s systems or networks, or any systems or networks connected to the Site or to StarNotation.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or with any person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or any transmittal you send to StarNotation on or through the Site or any service offered on or through the Site. You may pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicited the performance of any illegal activity which infringes the rights of StarNotation or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contents, promotions or other similar features, all of which terms are made a part of these Terms of Use to this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict with these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
StarNotation’s obligations, if any, with regards to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
StarNotation may make changes to any products or services on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and StarNotation makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to the use of the Site, and they are incorporated herein by this reference:
Copyright Information
Software License Information
Each of these policies may be changed from time to time and are immediately effective upon posting such changes on the Site.
Certain features or services offered on or through the Site may require you to open an account (including setting up a StarNotation user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to notify StarNotation immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by StarNotation or any other user of or visitor to the Site due to someone else using StarNotation ID, password or account.
You may not use anyone else’s StarNotation ID, password or account at any time without the express permission and consent of the holder of that StarNotation ID, password or account. StarNotation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
StarNotation’s privacy policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view StarNotation’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example Credit Card information) is encrypted.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under StarNotation’s control, and StarNotation is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
STARNOTATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENTM SERVICE OR FEAURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON A “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STARNOTATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STARNOTATION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OR ACCURACY, NON-INFRINGMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARNOTATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY STARNOTATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, weather for breach of contract, tort, negligence or any other cause of action.
StarNotation reserves the right to do any of the following at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies of terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine and non-routine maintenance, error correction, other changes.
Except where prohibited by law, in no event will StarNotation be liable to you or any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if StarNotation has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of se, StarNotation is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, StarNotation’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of initial claim made against StarNotation (but not including the purchase price for any StarNotation software products), or (2) CHF 50000. Some jurisdications do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold StarNotation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against StarNotation by any third party due to or arising out of or in connection with your use of the Site.
StarNotation may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) StarNotation’s rights or property, or the rights or property of visitors to or users of the Site, including StarNotation’s customers. StarNotation reserves the right at all times to disclose any information that StarNotation deems necessary to comply with any applicable law, regulation, legal process or governmental request. StarNotation may also disclose your information when StarNotation determines that applicable law requires such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree and acknowledge that StarNotation may preserve any transmittal or communication by you to the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or StarNotation determines that such preservation or disclosure is reasonable necessary to (1) comply with legal processes, (2) enforce these Terms of Use, (3) respond to claims that such data violates the rights of others, or (4) protect the rights, property or personal safety of StarNotation, its employees, users of or visitors to the Site, and the public.
You agree that StarNotation may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to StarNotation, for which monetary damages would be inadequate, and you consent to StarNotation obtaining any injunctive or equitable relief that StarNotation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies StarNotation may have at law or in equity.
You agree that StarNotation may, in its sole discretion and without notice, terminate your access to the Site for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If StarNotation takes any legal action against you as a result of your violation of these Terms of Use, StarNotation will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any relief granted to StarNotation. You agree that StarNotation will not be liable to you or to any third party for termination of your access to the Site as a result of violation of these Terms of Use.
You agree that all matters relating to your access to and use of the Site, including all disputes, will be governed by the law of Liechtenstein without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the federal courts of Liechtenstein, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other that out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between StarNotation and you arising out of or in connection with your se of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute in reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
StarNotation administers and operates the www.starNotation.com and www.t-rox.com websites from its location in Vaduz, Liechtenstein. Although the Site is accessible worldwide, not all features, products or services discussed, referenced provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Liechtenstein. StarNotation reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside of Liechtenstein, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Liechtenstein export laws and regulations.
If any provisions of these Terms of Use are held by a court or any tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and StarNotation with regard to your use of the Site, and any and al other written or oral agreements or understandings previously existing between you and StarNotation with respect to such use offers are hereby superseded and cancelled. StarNotation will not accept any counter offers to these Terms of Use, and all such offers are hereby categorically rejected. StarNotation’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by StarNotation of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between StarNotation and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
StarNotation provides access to StarNotation international data and, therefore, may contain refernces or cross references to StarNotation products, programs and services that are not announced in your country. Such reference does not imply that StarNotation in your country intends to announce such products, programs or services.
Any feedback you provide at this Site shall be deemed be non-confidential. StarNotation shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright 2005 StarNotation AG. All rights reserved.
StarNotation AG, Wingertgasse 30, 9490 Vaduz, Liechtenstein
Tel: +423 – 230 40 40 9am to 5pm Central Euopean time.
Effective May 2013