Welcome to the The Star Maps’ Terms and Conditions of Use (“Terms”). We try to explain the following:
Welcome to The Star Maps, a website located at thestarmaps.com (the ’Site’) and operated by Thestarmaps Ltd. (’The Star Maps’, ’us’, ’our’, and ’we’). The Star Maps provides the Site and Services provided through the Site (’Services’) where users can purchase digital personalized artwork (’Goods’) for commercial purposes.
These Terms of Use (’Agreement’) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old or it is illegal in your country to sign for an account or subscription without parental consent.
The Star Maps respects the privacy of its Service users. Please refer to the The Star Maps’ Privacy Policy (www.thestarmaps.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create an account. When creating an account, you gain access to free services such as previewing Goods and also allows you to purchase Goods. Additional features such as “Saved Themes” require payment to a subscription before you can access them (the “Paid Subscription”). We reserve the right to modify, terminate or otherwise amend our offered Paid Subscriptions and in accordance with these Terms.
The prices for the Goods & Services are stated in TheStarMap’s quotation or if no quotations are given in the confirmation of an order. TheStarMap’s prices are fixed for a period as stated in the quotation/order acknowledgement. The Star Maps’ reserves the right to vary prices without notice.
You are responsible for ensuring the accuracy of all data, personalization, spelling, etc., relating to an Order. Please double check the information in your order request to ensure its accuracy.
Digital goods will be delivered within 1 hour of receipt of the order. If delivery cannot be completed within these timescales then option to cancel or refund will be given.
Notwithstanding delivery and the passing of risk in the Goods, title to and ownership of the Goods will not pass to you until The Star Maps has received in cash or cleared funds payment in full of the price of the Goods and all sums payable to The Star Maps under any other agreement with you or any other delivery or installment has been paid.
Any order of digital goods and or digital vouchers for digital goods cannot be cancelled, refunded or varied. Granting of consent with regards to cancellations or variations will be entirely at the discretion of The Star Maps. Refunds will always be limited to the payment by you to The Star Maps of a sum equivalent to the losses, including loss of profit, cost and expenses of the The Star Maps caused by the variation or cancellation (such sum being reasonably determined by the The Star Maps). The Star Maps reserves the right to cancel any order without notice in circumstances where there is a perceived risk of loss or harm to The Star Maps, its employees or others such as a reasonable suspicion of fraud or other abuse.
You may purchase a Paid Subscription only directly from our website by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
The Star Maps may change the price for Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the The Star Maps Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you purchase a Paid Subscription you authorize The Star Maps to charge you automatically each month until you cancel.
If you purchase a Paid Subscription, your Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. When you cancel your paid subscription, you will lose access to all your current maps in your counter, any saved themes. They are not recoverable when you reinstate your account and the discretion to reinstate your maps remain with The Star Maps. You can cancel your Paid Subscription by accessing your Account Details and selecting to “Cancel”. It is your, the customer’s or account holder’s responsibility to cancel before the account renews and to contact support (in Section 18) if any difficulties arise when cancelling, failure to do so will forfeit your payment. We aim to reply to queries within 24 hours within weekday working hours GMT+0 time.
The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Account Service.
If you cancel your payment and or Paid Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. The granting of consent to refund for Paid Subscriptions will remain entirely at the discretion of The Star Maps. It limits to the amount of monies in the last payment made for the current subscription period. When we process any refund, we will refund amounts using the method you used for payment.
With regards to Goods, the digital personalized artwork, we grant you non-exclusive, revocable permission to make non-commercial and commercial use of the Goods purchased. This permission shall remain in effect until and unless terminated by The Star Maps.
With regards to Service, in terms of Paid Subscriptions, we grant you limited, non-exclusive, revocable permission to make use of the Service. This Access shall remain in effect until and unless terminated by you or The Star Maps.
All The Star Maps trademarks, service marks, trade names, logos, domain names and any other features of the The Star Maps are the sole property of The Star Maps. The Agreements do not grant you any rights to use The Star Maps whether for commercial or non-commercial use.
You agree to abide by our user guidelines and not to use the The Star Maps, the Goods, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, The Star Maps grants no right, title, or interest to you in the The Star Maps Service or Goods.
Through the use of Goods and Services for a commercial purpose, you understand that you are solely responsible for the Goods and Services that you provide. We reserve the right to withdraw & cancel permission for use of the Goods and Services at our discretion.
Your permission to use the Goods and Services is conditioned upon the following use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances use the Goods and Services in such a manner that:
The Star Maps limits its legal responsibilities with respect to the Goods and Services provided. You understand that through reselling the Goods and using the Services provided that it indemnifies The Star Maps and its Employees, Founder and Owner of any damage or negligence that stems from reselling the product. This indemnity is limited by statutory law and does not indemnify The Star Maps through damage caused by negligence through its Goods and Services. You understand that the damage is only attributable through The Star Maps Limited through the original, unaltered, untransferred version of Goods and Services. If damage is caused by The Star Maps through negligence that forms all or part of the damage, you must take reasonable steps to mitigate the damage received.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Goods and Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: ’A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.’
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
User Content. ’User Content’ means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
Feedback. If you provide us any feedback or suggestions regarding the Services (’Feedback’), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (’Third Party Sites’) as well as content or items belonging to or originating from third parties (the ’Third Party Applications, Software or Content’). Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Links to Our Site. You are permitted to link to our Site, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: ’A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.’
The Star Maps, will make reasonable efforts to keep the The Star Maps Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. The Star Maps reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the The Star Maps Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the The Star Maps Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
You understand, agree, and accept that The Star Maps will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.
If you establish a The Star Maps account on behalf of a company, organization, entity or brand, the terms “you”, as used throughout the Agreements, apply to both you and the Company. If you create a Company Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Company to the Agreements.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED ’AS-IS’ AND ’AS AVAILABLE’ AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Company will not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to perform any of the Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s control.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond its reasonable control or the control of its suppliers such as acts of God, civil commotion, riots, drought, flood, fire and legislation.
IN NO EVENT WILL THE STAR MAPS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID GREATERSKIES IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Agreements will continue to apply to you until terminated by either you or The Star Maps. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including in the event of your actual or suspected unauthorized use of the The Star Maps Service and/or Goods, non-compliance with the Agreements).
If you or The Star Maps terminate the Agreements, or The Star Maps suspends your access to the The Star Maps Service, you agree that The Star Maps shall have no liability or responsibility to you, and The Star Maps will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You may terminate the Agreements at any time. To learn how to terminate your The Star Maps account, please contact us directly which is explained in Section 18.
Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content.
Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
Other than as stated in this section or as explicitly agreed upon in writing between you and The Star Maps, the Agreements constitute all the terms and conditions agreed upon between you and The Star Maps and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the The Star Maps Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by The Star Maps to enforce the Agreements or any provision thereof shall not waive The Star Maps’ right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (’DMCA’), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
The Star Maps
Attn: Privacy Officer
Address: 3 Laundress Ln
Cambridge CB2 1SD
United Kingdom
Email: [email protected]
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE STAR MAPS HAVE AGAINST EACH OTHER ARE RESOLVED.
You and The Star Maps agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Attempt to Mediate. You agree to send all disputes concerning the Goods or Services in writing to [email protected]. We make a reasonable effort to respond to all complaints within five working days. All complaints will be handled fairly and on a confidential basis.
Choice of Law. All contracts made between the Company and the Purchaser will be construed in accordance with and governed in all respects by English Law and the Purchaser agrees to submit to the exclusive jurisdiction of English Courts.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Attorney Fees. Without prejudice to any other remedy available, the Company will be entitled to recover from the Purchaser any cost or expenses (including attorney fees, solicitors fees and disbursements) incurred in recovering Company’s damages resulting from Purchaser’s breach of this Agreement.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. No contract with the Company will be assignable by the Purchaser without the prior written consent of the Company.
Copyright/Trademark Information. Copyright 2019 Thestarmaps ltd. All rights reserved. All trademarks, logos and service marks (’Marks’) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Email: [email protected]
Correspondence Address:
Thestarmaps Ltd
IdeaSpace
3 Laundress Ln
Cambridge
CB2 1SD
United Kingdom
Company Address:
Thestarmaps Ltd
The Black Church
St. Mary’s Place
Dublin
D07 P4AX
Ireland
Updated: June 2, 2019