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Terms & Conditions
Starmark provides its
services to you subject to the notices, terms, and
conditions set forth in this agreement (the "Agreement"). In
addition, when you use any Starmark service (e.g.,
Customer Reviews), you will be subject to the rules,
guidelines, policies, terms, and conditions applicable to
such service, and they are incorporated into this Agreement
by this reference. Starmark reserves the right to
change this Site and these terms and conditions at any time.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS
AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING.
Use of Site
You represent and warrant that you are at least 18 years old
or visiting the Site under the supervision of a parent or
guardian.
Subject to the terms and conditions of this Agreement,
Starmark hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use
the Site by displaying it on your internet browser only for
the purpose of shopping for personal items sold on the Site
and not for any commercial use or use on behalf of any third
party, except as explicitly permitted by Starmark in
advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this
paragraph without notice to you.
Except as permitted in the paragraph above, you may not
reproduce, distribute, display, sell, lease, transmit,
create derivative works from, translate, modify,
reverse-engineer, disassemble, decompile or otherwise
exploit this Site or any portion of it unless expressly
permitted by Starmark in writing. You may not make any
commercial use of any of the information provided on the
Site or make any use of the Site for the benefit of another
business unless explicitly permitted by Starmark in advance.
Starmark reserves the right to refuse service, terminate
accounts, and/or cancel orders in its discretion, including,
without limitation, if Starmark believes that customer
conduct violates applicable law or is harmful to Starmark's
interests.
You shall not upload to, distribute, or otherwise publish
through this Site any Content, information, or other
material that (a) violates or infringes the copyrights,
patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or
could give rise to any civil or criminal liability under
U.S. or international law; or (c) includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful
code or properties.
Starmark may assign you a password and account
identification to enable you to access and use certain
portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to
access and use the Site in a manner consistent with the
terms and conditions of this Agreement, and Starmark has no
obligation to investigate the authorization or source of any
such access or use of the Site. YOU WILL BE SOLELY
RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE
USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS
ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION,
ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS
(INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS)
INCURRED THROUGH SUCH ACCESS OR USE. You are solely
responsible for protecting the security and confidentiality
of the password and identification assigned to you. You
shall immediately notify Starmark of any unauthorized use of
your password or identification or any other breach or
threatened breach of this Site's security.
Reviews & Comments
Except as otherwise provided elsewhere in this Agreement or
on the Site, anything that you submit or post to the Site
and/or provide Starmark, including without limitation,
ideas, know-how, techniques, questions, reviews, comments,
and suggestions (collectively, "Submissions") is and will be
treated as nonconfidential and nonproprietary, and Starmark
shall have the royalty-free, worldwide, perpetual,
irrevocable and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt,
create derivative works from such Submissions by any means
and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. All Submissions
shall automatically become the sole and exclusive property
of Starmark and shall not be returned to you.
In addition to the rights applicable to any Submission, when
you post comments or reviews to the Site, you also grant
Starmark the right to use the name that you submit with any
review, comment, or other Content, if any, in connection
with such review, comment, or other content. You represent
and warrant that you own or otherwise control all of the
rights to the reviews, comments and other Content that you
post on this Site and that use of your reviews, comments, or
other Content by Starmark will not infringe upon or violate
the rights of any third party. You shall not use a false e
mail address, pretend to be someone other than yourself or
otherwise mislead Starmark or third parties as to the origin
of any Submissions or Content. Starmark may, but shall not
be obligated to, remove or edit any Submissions (including
comments or reviews) for any reason.
Risk of Loss
The risk of loss and title for items purchased by you pass
to you upon Starmark's delivery of the items to the carrier
pursuant to Starmark's standard terms of sale.
Termination and Effect of Termination
In addition to any other legal or equitable remedies,
Starmark may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights
granted under this Agreement. Upon any termination of this
Agreement, you shall immediately cease all access to and use
of the Site and Starmark shall, in addition to any other
legal or equitable remedies, immediately revoke all
password(s) and account identification issued to you and
deny your access to and use of this Site in whole or in
part. Any termination of this Agreement shall not affect the
respective rights and obligations (including without
limitation, payment obligations) of the parties arising
before the date of termination.
International Access
This Site may be accessed from countries other than India.
This Site may contain products or references to products
that are not available outside of India. Any such references
do not imply that such products will be made available
outside India. If you access and use this Site outside India
you are responsible for complying with your local laws and
regulations.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE
THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS
SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE
TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Starmark
ON AN "AS IS" BASIS. Starmark MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Starmark DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT,
DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE
INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Starmark
DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR
ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Starmark WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
Starmark's TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT
EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY
YOU TO Starmark DURING THE MONTH IMMEDIATELY PRECEDING THE
ACT ALLEGEDLY GIVING RISE TO Starmark's LIABILITY.
Typographical Errors
In the event a product is listed at an incorrect price or
with incorrect information due to typographical error or
error in pricing or product information received from our
suppliers, Starmark shall have the right to refuse or cancel
any orders placed for product listed at the incorrect price.
Starmark shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been
charged for the purchase and your order is canceled,
Starmark shall immediately issue a credit to your credit
card account in the amount of the charge.
Links
This site may contain links to other sites on the Internet
that are owned and operated by third parties. You
acknowledge that Starmark is not responsible for the
operation of or content located on or through any such site.
Copyright & Complaints
Starmark respects the intellectual property of others. If
you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at
customercare@starmark.in.
Remedies
You agree that Starmark's remedy at law for any actual or
threatened breach of this Agreement would be inadequate and
that Starmark shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that
Starmark may be legally entitled to recover, together with
reasonable expenses of any form of dispute resolution,
including, without limitation, attorneys' fees.
No right or remedy of Starmark shall be exclusive of any
other, whether at law or in equity, including without
limitation damages injunctive relief, attorneys' fees and
expenses.
No instance of waiver by Starmark of its rights or remedies
under these terms and conditions shall imply any obligation
to grant any similar, future or other waiver.
Contact Us
Please send any questions or comments (including all
inquiries unrelated to copyright infringement) regarding
this Site to customercare@starmark.in
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