Starscapes® Terms & Conditions
TERMS AND CONDITIONS By clicking on the “I Agree” button below, you are agreeing to comply with these terms and conditions. We reserve the right to change these terms and conditions at any time; if we change them, we will send you a notice that we have done so, and the changes will apply to you if you continue to do business with us after we have sent you such a notice. 1(a) Acceptance of terms. In consideration of your payment of the purchase price (whether in cash or in installments), Voyager Industries LLC (“Starscapes”) will sell you or your agent (“Purchaser”) the materials relating to ceiling painting set forth in your order form (collectively, the “Materials”). (b) Due to proprietary trade secrets, no refunds are allowed after opening the StarBiz educational programs. (c) Authorization; security. Purchaser acknowledges that the Materials constitute confidential and proprietary information of Starscapes and agrees to keep the Materials confidential. If this order is accepted on an installment payment program, Purchaser agrees to pay reasonable late fees and collection costs, including reasonable attorneys’ fees, as provided below. Purchaser represents and warrants that the checking account or charge card account provided with the order is Purchaser’s account or that Purchaser has authority to use the account. Even Starscapes uses a secure server and 128-bit encrypted order form and maintains a firewall, Purchaser nevertheless assumes all risk and liability arising from breach in the security of Starscapes’ file system by hackers, break-ins by outsiders, or similar theft. The Materials are not offered to residents of or available in the District of Columbia, Arizona, Wyoming or South Dakota. 2. Purchaser-provided services; discontinuance. Except to the extent expressly set forth in the order form, Purchaser is responsible for and must provide all labor and services necessary to employ the Materials. Starscapes may discontinue or revise any or all aspects of the Materials in its sole discretion and without prior notice. 3. Unlawful use. Starscapes provides the Materials exclusively for use by Purchaser. Purchaser warrants that Purchaser will not access or use the Materials in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions or applicable laws, rules and regulations. Other than as expressly allowed by these Terms and Conditions, Purchaser will not (or cause his agent to) engage in the uploading, posting, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any book, pamphlet, writing, photograph, image, information, content, message, advertisement or any other work found in the Materials. With regard to any Materials in which Starscapes or any affiliate of Starscapes claims a proprietary interest, Purchaser is entitled to have one, and only one, copy of such Materials for Purchaser’s use, provided Purchaser keeps intact all copyright and other proprietary notices. The Materials may not be resold or otherwise disseminated by Purchaser (including without limitation by making copies of, or creating derivative works from, the Materials), and Purchaser may not display, distribute, license, perform, publish, recreate, reproduce, sell, transfer or transmit any of the Materials. Purchaser may not give access to the Materials to any person or entity other than a member of Purchaser's household or a person that Purchaser directly supervises as part of Purchaser's career or employment. Purchaser shall indemnify Starscapes and hold it harmless against all loss, damage, liability, cost or expense (including reasonable attorneys' fees and disbursements) occasioned by Purchaser's violation of the provisions of this paragraph. 4. Trademarks, etc. Purchaser is not authorized to use any Starscapes image, name or mark in any advertising, publicity or any other commercial manner without the prior written consent of Starscapes. Purchaser affirmatively agrees not to make commercial use of any of the marks STARSCAPES
, CREATION PAINT
or HEAVENLY CEILING
, or GALACTIFICATION
(collectively, the “Starscapes Marks”), or any word or combination of words which is colorably similar to any of the Starscapes Marks, as or as a part of any domain name, corporation name, trademark, service mark, or trade name, or other product or commercial identification, or as any advertising copy or slogan, or in connection with the sale, offering for sale, advertising, distribution or promotion of any goods or services of any kind in any medium; without limiting the generality of the foregoing, Purchaser shall not cause, permit or suffer any of the Starscapes Marks or any colorably similar mark to be used or displayed for any purpose (including without limitation as a page or domain name) on or at any Internet site operated, owned or hosted by Purchaser or his agent. Purchaser is not being granted a license under any copyright, trademark, patent or other intellectual property right in the Starscapes Marks or in the Materials. Starscapes retains all such rights. Any feedback, questions, comments, suggestions, ideas or the like which Purchaser sends to Starscapes will be treated as being non-confidential and non-proprietary. Starscapes will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and materials incorporating such information. 5. No franchise or business opportunity; use at Purchaser’s risk; limitation of liability. The provision of the Materials does not constitute the sale of a franchise or business opportunity by Starscapes. Use of the Materials and any Purchaser reliance upon any Materials, including any action taken by Purchaser because of such use or reliance, is at Purchaser’s sole risk. Starscapes has made no promise of assistance to the purchaser beyond general customer service. Neither Starscapes nor any of its vendors, trustees, members, employees, distributors, contractors, partners or agents is responsible or liable for, or makes any representations or warranties as to: (a) The profitability of any activity that may be undertaken by Purchaser in the use of the Materials (including the results to be obtained from use of them); or (b) Any loss resulting from, arising out of or related to Purchaser’s use of or interaction with the Materials. 6. Materials provided “as is”; damages limited. THE MATERIALS ARE PROVIDED TO PURCHASER ON AN “AS IS,” “AS AVAILABLE” BASIS, AND NEITHER STARSCAPES NOR ANY OF ITS TRUSTEES, EMPLOYEES, MEMBERS, DISTRIBUTORS, contractors, partners OR AGENTS MAKES ANY REPRESENTATIONS AS TO THE SUITABILITY OF THE MATERIALS FOR ANY PURPOSE. STARSCAPES AND ITS TRUSTEES, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY WITH RESPECT TO THE MATERIALS. IN NO EVENT SHALL STARSCAPES OR ANY OF ITS TRUSTEES, MEMBERS, EMPLOYEES, DISTRIBUTORS, contractors, partners OR AGENTS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE MATERIALS OR THE MATERIALS REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE LAW MAY IN SOME CASES PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH CASES THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO PURCHASER. IN SUCH CASES, THE RESPECTIVE LIABILITY OF STARSCAPES AND ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE VENDORS, MEMBERS, TRUSTEES, EMPLOYEES, DISTRIBUTORS, contractors, partners AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. Purchaser expressly agrees that under no circumstances shall the total, aggregate liability of Starscapes and its vendors, affiliates, trustees, members, employees, distributors, and agents to Purchaser or any party claiming by or through Purchaser for any cause whatsoever exceed the amount paid, less shipping cost, by Purchaser to Starscapes, regardless of the form of action and whether in contract, statute, tort or otherwise. 7. No liability for Purchaser’s business activity. Purchaser is solely responsible for Purchaser’s business decisions, including all decisions made in reliance on the Materials or on advice of any third party. Starscapes provides Purchaser the opportunity to access or use the Materials for the reference and convenience of Purchaser. Starscapes is not an agent of any third party with respect to the Materials. Purchaser shall hold harmless Starscapes and all of its vendors, trustees, employees, members, distributors, contractors, partners and agents from and against any liability, and neither Starscapes nor any of its underlying Materials providers, information providers, licensors, trustees, members, employees, distributors, contractors, partners and agents shall have any liability with respect to, any loss, penalty, fine or other damages (including reasonable attorneys’ fees) either incurred or caused by Purchaser with respect to the use of the Materials, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Materials; or violation of any applicable law. 8. Collection costs. If Starscapes shall commence any legal proceeding to collect any sum of money due Starscapes hereunder or with respect to the purchase price of the Materials, Starscapes shall be entitled to recover all reasonable costs and expenses of collection, including attorneys’ and administrative fees and court costs. Should payment not be made according to the terms and conditions set forth in the order form, Purchaser shall pay interest on the unpaid balance at the lesser of (a) the rate of and one-half (1.5%) percent per month or (b) the highest rate permitted by law. Starscapes shall be entitled to a returned-check fee of $50 if any check given by Purchaser is returned unpaid. If the order is paid by credit or debit card, and then, the order is cancelled and refunded, the Purchaser agrees to pay the 3.5% bank transaction fee to Voyager, for both the purchase transaction and also the refund transaction, a total of 7% of the purchase price. 9. Governing law. These Terms and Conditions and Purchaser’s access to and use of the Materials are governed by, subject to and construed according to the laws of the State of Nevada or Wyoming without regard to its conflicts of laws provisions. The arbitration provisions of this Agreement shall be construed and enforced exclusively in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16. 10. Arbitration. Any and all controversies that may arise between Purchaser and Starscapes concerning any matter related to the Materials or to these Terms and Conditions or in any other way relating to the transactions between Purchaser and Starscapes (including without limitation a claim against any trustee, employee, member, agent, successor and assignee of Starscapes with respect to the subject matter of these Terms and Conditions, and including any claim that challenges the validity, enforceability or scope of these Terms and Conditions) shall be settled, at the election of either party, by binding arbitration. In agreeing to arbitration, Purchaser understands that: (a) Arbitration is final and binding on all parties. (b) The parties are waiving their right to seek remedies in court, including the right to jury trial. (c) Pre-arbitration discovery is generally more limited than and different from court proceedings. (d) The arbitration award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of arbitration rulings is strictly limited. There shall be no authority for any claims to be arbitrated or otherwise heard on a class-action basis. Any arbitration can decide only Purchaser’s or Starscapes’ claims and may not consolidate or join the claims of other persons or parties who have similar claims without Starscapes’ consent in each instance. Any arbitration shall be pursuant to the applicable rules of the National Arbitration Forum. The award of the arbitrators will be final and binding on the parties, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce. 11. No partnership or agency. Neither these Terms and Conditions nor Purchaser’s access to, use of or interaction with the Materials shall be deemed to create a joint venture, partnership or similar relationship between Purchaser and Starscapes. Neither Starscapes nor Purchaser has the authority to bind the other party, and neither party shall hold itself out as having any authority to do so. Starscapes is not an agent of any third party providing Materials. 12. Purchaser’s Authority. If Purchaser is a natural person, Purchaser represents that Purchaser is of legal age to enter into this agreement. If Purchaser is a corporation, partnership, limited liability company or other entity, the person agreeing to these Terms and Conditions represents that he or she has been authorized to do so by appropriate action and that Purchaser has provided or will provide Starscapes on request with all relevant resolutions and authorizations. If the subscriber is a trustee or other fiduciary, the trustee or fiduciary represents that the use by the subscriber of the Materials is authorized under the applicable plan, trust or law, that the person agreeing to these Terms and Conditions has the authority to do so, and that copies of all relevant trust documents have been provided or will be provided to Starscapes on request. 13. Partial invalidity. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 14. Entire agreement; limitation period for claims; no oral modification. These Terms and Conditions, as they may be modified in accordance herewith, constitute the entire agreement between Starscapes and Purchaser with respect to the Materials, and, as such, they supersede any and all prior or contemporaneous negotiations, discussions, conversations, correspondence, memorandums, SMS texts and agreements between Starscapes and Purchaser. Purchaser agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Materials or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever waived and barred. The language of these Terms and Conditions shall be construed as to its fair meaning and not strictly for or against any party. These Terms and Conditions may not be modified orally. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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