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Terms and Conditions

Terms and Conditions

Starlinkapp LLC Terms of Service

April, 19th 2016

This following user agreement describes the terms and conditions on which Starlinkapp, LLC. Offers you access to the Starlink platform.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Starlinkapp, LLC. (“Starlink,” “we,” “us” or “our”), a Delaware corporation, governing your use of the Starlink application, website, and technology platform (collectively, the “Starlink platform”).
The Starlink Platform provides a marketplace where persons who seek “one on one” video sessions (“buyer”) can be matched with persons who are considered celebrities (“Stars”). Buyers and Stars are collectively referred to herein as “Users” and each User shall create a User profile that enables such User to access the Starlink platform. For purposes of this Agreement, the video services provided by Stars to buyers that are matched through the Platform shall be referred to collectively as the “Services”.
It is up to the Star to decide whether or not to offer a Video session to a buyer contacted through the Starlink Platform, and it is up to the Star to decide whether or not to accept a buyers request through the Starlink Platform. Any decision by a User to offer or accept Services once such User is matched through the Starlink Platform is a decision made in such User’s sole discretion. Each Service provided by a Star to a Buyer shall constitute a separate agreement between such persons.
By creating your User account and using the Starlink Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Starlink Platform or the Services.

1. Modification to the Agreement

We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Starlink Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Starlink Platform or the Services.
2. Eligibility

The Starlink Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Starlink Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.

3. Payments

As a Buyer, you agree that any amounts charged following a Video Session (a “Charge”) are mandatory and due and payable immediately upon completion of the Video Session. Charges include Video fees and other applicable fees, surcharges, and taxes as set forth in your state. Charges may vary based on discression of Star. Star may set price and they find applicable.
•Video Session Fees. Video Session fees consist of a base price and incremental charges based on the duration of your video session. Starlink video session fess are quoted in advance in accordance with star setting price. We
•Trust & Service Fee. Starlink may assess a per-video “Service Fee” to offset Starlinks expenses, including but not limited to those related to promoting as well as other operational costs of running the Starlink Platform. Service Fee collections, if any, will be deemed general revenue.
•Cancellation Fee. In the event that you cancel a video session on the Starlink Platform less than 5 minutes before such video sessions is about to take place, make repeated or frequent cancellations, or fail to show up for your Video Session in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled Video Sessions to disrupt the Starlink Platform or the provision of Services.
•Other Charges. Other fees, and surcharges may apply to your Video Session, including: actual or anticipated fees, state or local fees, and processing fees for split payments. In addition, where required by law Starlink will collect applicable taxes.
•Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Braintree, a division of PayPal, Inc.). Starlink may replace its third-party payment processing services without notice to you. Charges shall only be made through the Starlink Platform. Cash payments are strictly prohibited.
•No Refunds. Charges are assessed immediately following completion of the Video Session to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Starlink Platform, any disruption to the Starlink Platform or Services, or any other reason whatsoever.
•Promotions. Starlink, at its sole discretion, may make available promotions with different features to any of our Buyers or prospective Buyers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Starlink.
•Credit Card Authorization. Upon addition of a new payment method or each Video Session request, Starlink may seek authorization of your selected payment method to verify your payment method, ensure the Video Session cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. See more about our pre-authorization holds here.

In exchange for permitting you to offer your Services through the Starlink Platform and marketplace as a Star, you agree to pay Starlink (and permit Starlink to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. Starlink reserves the right to change the Administrative Fee at any time in Starlink’s discretion Continued use of the Starlink Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.

Starlink, at its sole discretion, may make available promotions with different features to any Stars or prospective Stars. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Starlink

Starlink Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Starlink, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Starlink, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Starlink Platform or Services, updates concerning new and existing features on the Starlink Platform, communications concerning promotions run by us or our third party partners, and news concerning Starlink and industry developments. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Starlink Platform or the Services.

5. Your Information

Your Information is any information you provide, publish or post to or through the Starlink Platform (including any profile information you provide) or send to other Users (including via in-application messaging, any email feature, or through any Starlink-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Starlink Platform and participate in the Services. Our collection and use of personal information in connection with the Starlink Platform and Services is as provided in Starlink’s Privacy Policy located at https://www.Starlinkapp.com/privacy.

You are solely responsible for your Information and your interactions with other members on the Starlink Platform, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.

You warrant and represent to us that you are the sole author of your Information. To enable the Starlink Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Starlink does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Starlink for accessing the Starlink Platform. You are solely and fully responsible for all activities that occur under your User account, and Starlink expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

6. Social Networking Sites

As part of the functionality of the Starlink Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the Starlink Platform or allowing Starlink to access your SNS Account. By granting Starlink access to any SNS Accounts, you understand that Starlink may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Starlink Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Starlink Platform.

7. Restricted Activities

With respect to your use of the Starlink Platform and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the Starlink Platform or the servers or networks connected to the Starlink Platform;
e. post Information or interact on the Starlink Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the Starlink Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Starlink Platform;
i. “frame” or “mirror” any part of the Starlink Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Starlink Platform or any software used on or for the Starlink Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the Starlink Platform or access to any portion of the Starlink Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Starlink Platform or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your User account, password and/or identification to any other party; or
o. cause any third party to engage in the restricted activities above.

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

Representations and Warranties

• You will not attempt to defraud Starlink or buyers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Video Sessions or other payments for the Buyers(s) in question.
• You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
• You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

9. Proprietary Rights and Trademark License

All intellectual property rights in the Starlink Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Starlnk Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Starlink. Starlink shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

STARLINK, the other Starlink logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Starlink in the United States and/or other countries (collectively, the “Starlink Marks”). If you provide Services as a Star, Starlink grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Starlink Marks solely in connection with providing the Services through the Starlink Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Starlink’s prior written permission, which it may withhold in its sole discretion. The Starlink Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that Starlink is the owner and licensor of the Starlink Marks, and that your use of the Starlink Marks will confer no additional interest in or ownership of the Starlink Marks in you but rather inures to the benefit of Starlink. You agree to use the Starlink Marks strictly in accordance with Starlink’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Starlink determines to nonconforming or otherwise unacceptable.

You agree that you will not:
1. create any materials that incorporate the Starlink Marks or any derivatives of the Starlink Marks other than as expressly approved by Starlink in writing;
2.use the Starlink Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Starlink Marks other than in accordance with the terms, conditions and restrictions herein;
3.take any other action that would jeopardize or impair Starlink’s rights as owner of the Starlink Marks or the legality and/or enforceability of the Starlink Marks, including, without limitation, challenging or opposing Starlink’s ownership in the Starlink Marks;
4.apply for trademark registration or renewal of trademark registration of any of the Starlink Marks, any derivative of the Starlink Marks, any combination of the Starlink Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Starlink Marks;
5. use the Starlink Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in Starlink’s sole discretion. If you create any materials bearing the Starlink Marks (in violation of this Agreement or otherwise), you agree that upon their creation Starlink exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Starlink Marks or derivative works based on the Starlink Marks. You further agree to assign any interest or right you may have in such materials to Starlink, and to provide information and execute any documents as reasonably requested by Starlink to enable Starlink to formalize such assignment.
10. Copyright Complaints and Copyright Agent

Starlink respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Starlink’s Copyright Agent at

Starlink
10702 Stone Canyon Rd
Dallas , TX 75230
1.a description of the copyrighted work that you claim has been infringed, including specific location on the Starlink Platform where the material you claim is infringed is located. Include enough information to allow Starlink to locate the material, and explain why you think an infringement has taken place;
2.a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3.your address, telephone number, and e-mail address;
4.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5.a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6.an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disclaimers

The following disclaimers are made on behalf of Starlink, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.

The Starlink Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Starlink Platform and/or the Services, including the ability to provide or receive Services at any given location or time.

We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

We do not warrant that your use of the Starlink Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Starlink Platform will be corrected, or that the Starlink Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Starlink Platform or Services.

We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Star or Buyer will complete an arranged Video Session service.

We cannot guarantee that each Buyer is who he or she claims to be. Please use common sense when using the Starlink Platform and Services, including looking at the photos of the Star or to make sure it is the same individual you see in the Video Session. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Starlink Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Star or Buyer on our messaging platform prior to Video Session.

It is possible for others to obtain information about you that you provide, publish or post to or through the Starlink Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Starlink Platform or through the Services. Please carefully select the type of information that you post on the Starlink Platform or through the Services or release to others.

Opinions, advice, statements, offers, or other information or content made available through the Starlink Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for content posted on the Starlink Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Starlink Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

The Starlink Platform contains (or you may be sent through the Starlink Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Starlink Platform.

This paragraph applies to any version of the Starlink Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Starlinkapp LLC. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Starlink Platform. Starlink, not Apple, is solely responsible for the Starlink Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

12. Indemnity

You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Starlink Platform and participation in the Services, including:
1.your breach of this Agreement or the documents it incorporates by reference;
2.your violation of any law or the rights of a third party, including, without limitation, Stars, Buyers, as a result of your own interaction with such third party;
3.any allegation that any materials that you submit to us or transmit through the Starlink Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
4.any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
13. Limitation of Liability

In no event will we, our affiliates, or each of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Starlink Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Starlink Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential arising out of your communicating with or meeting other Users of the Starlink Platform or Services, even if we or our agents or representatives know or have been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

14. Release

In the event that you have a dispute with one or more Users, you agree to release Starlink (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Starlink Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under TBD (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.
15. Term and Termination

This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Starlink Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Star and/or Buyer), or revoke your permission to access the Starlink Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Starlink Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.

16. Agreement to Arbitrate All Disputes and Legal Claims

You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Starlink Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

You acknowledge and agree that you and Starlink are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
17. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Starlink’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Starlink for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Starlink in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Starlink with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Starlink or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Starlink; becomes known to you, without restriction, from a source other than Starlink without breach of this Agreement by you and otherwise not in violation of Starlink’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Starlink to enable Starlink to seek a protective order or otherwise prevent or restrict such disclosure.

18. No Agency

You and Starlink are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

19. General

This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Starlink, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Lyft with respect to the subject matter hereof.

Privacy Policy

Starlink is dedicated to protecting Your personal information and informing You about how We use it. This privacy policy applies to transactions and activities and data gathered through the Starlink Platform. Please review this privacy policy periodically as We may revise it without notice. This privacy policy was last revised on December 8, 2014 . Each time You use the Starlink Platform or provide Us with information, by doing so You are accepting the practices described in this privacy policy at that time.

1. Data We Collect From You

In order to operate the Starlink Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the Starlink Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Starlink and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your Starlink account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
1.“non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the Starlink Platform; and
2.“public information”, which consists of all other demographic information.
Please note that nowhere on the Starlink Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.

2. How We Use Personal Information

We use Your email address and Your other personal information to help Us efficiently operate the Starlink Platform, to contact You in connection with Your transactions and other activities on the Starlink Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Starlink), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

To operate the Starlink Platform, including processing Your transactions and supporting Your activities on the Starlink Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Starlink Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Starlink Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.

Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.

3. How We Use Demographic Data

We may review all demographic Data. We may use public information to enable other users to search Your profile, to determine whether Your details fit other user’s requirements, and to communicate with You. We may use demographic information to tailor the Starlink Platform and communications to Your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers Your identity). One of the reasons We may do this is to increase the likelihood that Our advertisers’ goods and services will appeal to You as a user of the Starlink Platform. Our sharing of demographic information with advertisers is anonymous (i.e., We do not tell advertisers which particular Starlink Users are members of which demographic groups), subject to the rest of this privacy policy. When You respond to an advertisement, however, We ask You to remember that if that ad that is targeted to a demographic group and You decide to give the advertiser Your personal information, then the advertiser may be able to identify You as being a member of that demographic group.

4. How to Edit Your Information

Starlink provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the Starlink menu. There You can view, update and correct Your account information.

So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.

Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Starlink upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.

5. Information Retention

To preserve the integrity of Our databases, standard procedure calls for Us to retain information submitted by members for an indefinite length of time. Starlink understands Your submissions as consent to store all Your information in one place for this indefinite length of time, if We so wish. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), We will nullify member information by erasing it from Our database. We will also respond to written member requests to nullify account information. Also, by using the Starlink Platform, You do hereby represent and warrant that You understand and agree that all information submitted by You through the Starlink Platform or otherwise to Starlink becomes the property of Starlink and may be used in the sole discretion of Starlink in accordance with this Privacy Policy and the Terms of Use.

6. Choice/Opt-Out

Starlink provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Starlink gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.

7. Special Cases in Which We Share Personal Information

Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of Starlink or other visitors to the Starlink Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control. Whenever personal information is disclosed under this paragraph, We may also disclose Your demographic information along with it, on a non-anonymous basis. All of Our parent, subsidiary and affiliated legal entities and businesses that receive Your personal information or non-anonymous demographic information from Us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

8. Our Security Precautions

Your Starlink Profile is password-protected so that only You and authorized Starkink employees have access to Your account information. If You have registered for Starlink using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Starlink staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Lyft account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.

Starlink makes every effort to ensure that Your information is secure on its system. Starlink has staff dedicated to maintaining Our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every Starlink employee is aware of Our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Starlink cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to Starlink Terms of Use. Starlink expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the Starlink Platform.

Starlink has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.

The Starlink Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the Starlink Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Starlink Platform.

9. Changing our Privacy Policy for Previously Gathered Information

If at any point We decide to use particular personally identifiable information in a manner materially different from that stated at the time it was collected, We will notify Users by way of an email or by providing 30 days notice on the Starlink Platform. We also encourage You to review this privacy policy periodically. By using the Starlink Platform, You do hereby represent and warrant that You have read, understand and agree to all terms of Agreement. Each time You use the Starlink Platform, You agree to all terms set forth in this Agreement and any other policies published by Lyft on the Starlink Platform. Please note that We will continue to have the right to change Our privacy policy and practices, and how We use Your personally identifiable information, without notice, as described in herein, provided that such changes shall only apply to information gathered on or after the date of the change.
10. Contacting Starlink

If You have any questions about this privacy statement, the practices of Starlink, or Your dealings with Starlink, You may contact Us at our support center. support@starlinkapp.com