TERMS OF USE
TERMS OF USE
Last Updated: March 6, 2024
Welcome to the STARMobile, Inc. website (this “Site”), which is run by STARMobile (“STARMobile,” “we,” “us,” or “our”). The terms and conditions that apply to this site are described in these Terms of Use, so please read them carefully. YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE BY ACCESSING ANY AREA(S) OF THIS SITE.
- Your consent to the terms of use and privacy statement of STARMobile. You agree to (1) these Terms of Use and (2) the STARMobile Privacy Policy, which is incorporated herein by reference and can be found at starmobile.mobi/pages/privacy-policy, by using this Site or by visiting any portion of this Site. Please do not use this site if you disagree with any of these terms of use or the STARMobile Privacy Policy. STARMobile reserves the right to change or update these Terms of Use or the STARMobile Privacy Policy at any time, and you undertake to follow such changes or updates. No rights or benefits to third parties shall be regarded to be granted by these Terms of Use. Your permission to access and use this site, along with all of its contents—text, graphics, software, images, designs, icons, and other materials—automatically ends if you break any of these terms of use. You will also be required to stop using this site and its contents right away.
- The website’s permissions and restrictions regarding your use. With the following restrictions, STARMobile hereby authorizes you to access and use this Site and the Content for your own use solely, including making purchases of goods and services:
- You consent to using this site exclusively for legitimate reasons. The content, which includes trademarks and other proprietary material, is shielded by copyright under both domestic and international law. STARMobile or its licensors retain ownership of the Content. These Terms of Use are violated and may be in violation of copyright, trademark, and other laws if the Content is used in any way that is not specifically allowed by these terms. Features and content are subject to modification or discontinuation at STARMobile’s editorial discretion and without prior notice. STARMobile and its licensors retain all rights herein not expressly granted. It is acknowledged that by accessing or using this Site or its Content, you do not have any ownership rights. You may not alter, publish, transmit, display, take part in the transfer or sale, make derivative works, or otherwise utilize any of the Content, in whole or in part, unless specifically stated otherwise in these Terms of Use.
- You pledge to keep this site intact in its entirety.
- Any unique guidelines for using any software or other resources on this website may be found elsewhere on this website and are by reference incorporated into these Terms of Use.
- You promise not to use this site for any business purposes without getting STARMobile ‘s approval in writing beforehand. You acknowledge that you will not access, monitor, or copy any content or information in or on this Site by using or launching any automated system, including but not limited to “robots,” “spiders,” or “offline readers.” It is your agreement that no content that contains software viruses or any other computer code, files, or programs intended to disrupt, destroy, or restrict the functionality of any computer software, hardware, or telecommunications equipment connected to this site may be uploaded, posted, emailed, or transmitted in any other way.
- You consent to refrain from accessing, monitoring, or copying any Content or information on or on this Site by using or launching any automatic system, including, without limitation, “robots,” “spiders,” or “offline readers.” It is your agreement that no content that contains software viruses or any other computer code, files, or programs intended to disrupt, destroy, or restrict the functionality of any computer software, hardware, or telecommunications equipment connected to this site may be uploaded, posted, emailed, or transmitted in any other way. Additionally, you consent to refrain from interfering with the servers or networks linked to this website, as well as from breaking any rules, guidelines, or policies on any network connected to this website. You consent to not using this site’s communication tools, if any, for commercial solicitation reasons, nor to gather or harvest any personally identifiable information from it. You pledge not to approach users of this site with unsolicited requests for business. You will not be allowed to engage in any behavior that Plum determines prevents or hinders another user from using or enjoying this Site.
- You agree to abide by all applicable local, national, and international laws and regulations as well as the terms and conditions of these Terms of Use when using this site. You agree not to post or transmit through this Site any content that, in Plum’s sole discretion, encourages behavior that would be illegal, gives rise to civil liability, is defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or that would be unlawful, threatening, abusive, fraudulent, defamatory, or otherwise violates any law.
- Without the express permission of the owner of the copyright, trademark, or other proprietary right, you agree not to upload, post, or otherwise make available on this Site any material protected by copyright, trademark, or other third-party proprietary rights, including privacy and publicity rights. It is your responsibility to determine whether any material is not protected by copyright. Any damages resulting from any such submission, including but not limited to copyright infringement and proprietary rights violation, will be entirely your responsibility.
- You also consent to refrain from using this Site to behave yourself in a vulgar or disrespectful manner or to impersonate anyone else. You acknowledge that STARMobile is free to reject any User Submissions (described below) for any reason or no reason at all, including, but not limited to, content that violates third party proprietary rights, such as copyright, trademark, or publicity rights, or that is vulgar or offensive in any other way— STARMobile retains the final say on this matter.
- You consent to STARMobile, in its sole discretion, including any User Submission in this Site for as long as STARMobile sees fit, provided STARMobile accepts the User Submission. Additionally, you consent to STARMobile editing user submissions.
- You acknowledge and agree that STARMobile is free to monitor the content of this site and delete any content that it deems to be objectionable or in violation of these terms in its own discretion. STARMobile does not, however, have to do so.
- You accept that STARMobile is free to monitor the content of this site and remove any content that STARMobile, in its sole discretion, deems to be objectionable or in violation of these terms. STARMobile does not, however, have to do so.
- STARMobile maintains the right to terminate this site’s features at any moment.
- Right to Terminate. STARMobile reserves STARMobile maintains the right, at any time and for any reason, to stop allowing you to use this site or to restrict your access to it. STARMobile retains the right to decide if a user submission fits within these terms of use and is appropriate. At any time, without prior warning, and at STARMobile’s sole discretion, STARMobile may delete such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use.
- Disclaimer of Opinion. Content expressed or made available on this site by you or other users, including opinions, advice, statements, and other information, are the opinions of the respective authors or producers and do not represent STARMobile, its affiliates, or any of their officers, directors, managers, shareholders, or employees. STARMobile, its affiliates, and each of their individual owners, directors, managers, officers, and employees shall not, under any circumstances, be held responsible for any loss or harm resulting from your reliance on any information accessed from this site. It is up to you to assess the data, viewpoints, counsel, and other materials made available by this website.
- Disclaimer of Warranty. Although reasonable attempts have been taken to ensure the accuracy of the material published on this site, there is no guarantee that it is accurate. The website, its contents, and any goods or services advertised or purchased via it are all offered “as is” and “as available.” You use this site, its contents, and any goods or services that are discussed, advertised, or purchased through this site at your own risk. IT IS YOUR SOLE RISK TO USE THIS SITE, YOU EXPRESSLY AGREE. STARMOBILE, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS ALL DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. NONE OF THE PLUM PARTIES OR THEIR THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE STARMOBILE PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THIS SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. PLUM DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THIS SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Liability of STARMobile. Your single and exclusive remedy is to stop using this site if you are unhappy with it, any of the material on it, these terms of use, or the privacy policy in general. Regarding the delay, failure, interruption, or corruption of any data or other information transferred in conjunction with the use of this site, STARMobile disclaims all liability. STARMobile assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this Site. IN NO EVENT SHALL THE PLUM PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THIS SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED THROUGH THIS SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE STARMOBILE PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE PLUM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS SITE IS CONTROLLED AND OFFERED BY STARMOBILE FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND STARMOBILE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THIS SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 6, ANY STARMOBILE PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THIS SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00), AND THAT SUCH LIABILITY SHALL CONSTITUTE THE ENTIRE LIABILITY OF EACH AND EVERY STARMOBILE PARTY.
SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF TEXAS LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
- Indemnification. In accordance with this agreement, you undertake to defend, indemnify, and hold the STARMobile Parties harmless from and against any and all claims, actions, duties, demands, damages, costs, liabilities, losses, and expenses (including reasonable legal fees and costs) resulting from or connected to your acts, omissions, negligence, and/or breach of your promises, representations, or related obligations.
- Third Party Advertisements; Links to Other Web Sites. STARMobile might show third-party adverts on this website. The terms, conditions, warranties, and representations pertaining to your interactions or business relationships with these third parties are exclusive between you and them. STARMobile disclaims all liability for any losses or damages of any kind resulting from these transactions, as well as from any third-party content or advertisements on this website. This website may contain hyperlinks to other websites that are not under STARMobile’s control or affiliation. Furthermore, this Site may be linked to by other websites. Excluding explicit statements, STARMobile has not examined or recommended these websites, has no control over them, and is not liable for any third-party websites’ practices, privacy policies, or content. Furthermore, STARMobile is unable and unwilling to censor or modify the material on any website owned by a third party. You hereby release STARMobile from all liability arising from your use of any third-party website that you access through or via this Site by using this Site. As a result, we advise you to read the terms and conditions and privacy policies of any website you visit after leaving this one.
- User Submissions and Contributions. Your submission of any personal data to STARMobile is governed by the StarMobile Privacy Policy. Apart from that data, any correspondence, message, or material you provide to any area of this website is, for all intents and purposes, non-confidential. All information or materials published or shared by users of this site in any way are referred to as “User Submissions.” If you submit any of these kinds of content, you automatically grant STARMobile a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable, and transferable right and license to use, reproduce, adapt, publish, edit, translate, distribute, perform, and display the communication or content in any form, format, or forum that is now known or that is developed in the future. STARMobile is able to sublicense its rights on many layers. Additionally, you now provide every user of this site a non-exclusive license to access your user submissions via this site as well as to use, reproduce, distribute, display, and perform such user submissions in accordance with these Terms of Use and the functionality of this site. You acknowledge and consent that STARMobile may decide to keep server copies of removed or deleted User Submissions, but not to show, share, or perform them. STARMobile is able to sublicense its rights on many layers. Additionally, you now provide every user of this site a non-exclusive license to access your user submissions via this site as well as to use, reproduce, distribute, display, and perform such user submissions in accordance with these Terms of Use and the functionality of this site. You acknowledge and consent that STARMobile may decide to keep server copies of removed or deleted User Submissions, but not to show, share, or perform them. By submitting User Submissions, you affirm, represent, and/or warrant that: you are the owner of the patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions, or that you have the necessary licenses, rights, consents, and permissions to use and authorize STARMobile to use the rights to use and make use of the User Submissions in the manner that this Site and these Terms of Use contemplate.
STARMobile expressly disclaims any duty pertaining to User Submissions and expressly disapproves of any advise, recommendation, or opinion expressed in User Submissions. On their website, STARMobile forbids actions that infringe upon copyright and intellectual property rights. STARMobile has the right to remove any content that infringes upon another party’s intellectual property rights when STARMobile is properly notified of such a violation. STARMobile has the right to remove user submissions in its sole discretion.
Without giving you credit or compensation, STARMobile is free to use any feedback, ideas, concepts, reviews, techniques, or other materials contained in any User Submission or other communication you may send to STARMobile for any purpose, including but not limited to creating, modifying, or improving this Site or other websites and developing, producing, and marketing products or services.
Sending any unsolicited materials or ideas implies that you are waiving any claim against any STARMobile Parties for the use of such materials and ideas, even if material or an idea used is substantially similar to the idea you sent. You also understand that no consideration of any kind will be provided to you.
STARMobile maintains the right, at any time and without prior warning, to reject, remove, or edit user submissions. User submissions that include any of the following should not be accepted: offensive, vulgar, rude, or discriminatory language; content that is unlawful, obscene, threatening, defamatory, or otherwise objectionable; personal attacks; phone numbers, email addresses, or mailing addresses; or false information about the content’s origin. You acknowledge and agree that we may, but are not required to, evaluate the content and that we may, at our sole discretion, delete or remove it (without notice) for any reason or for no reason at all.
- Revisions to Terms of Use. STARMobile maintains the right, at any time and without prior warning, to reject, remove, or edit user submissions. User submissions that include any of the following should not be accepted: offensive, vulgar, rude, or discriminatory language; content that is unlawful, obscene, threatening, defamatory, or otherwise objectionable; personal attacks; phone numbers, email addresses, or mailing addresses; or false information about the content’s origin. You acknowledge and agree that we may, but are not required to, evaluate the content and that we may, at our sole discretion, delete or remove it (without notice) for any reason or for no reason at all.
- Entire Agreement. The parties’ understanding and agreement regarding the subject matter of these Terms of Use, as updated from time to time by STARMobile, is set forth here. It supersedes any prior or contemporaneous understandings regarding the same subject matter, of any kind. This includes the STARMobile Privacy Policy, which is incorporated herein by reference. You represent and warrant that, by accepting these conditions, you are not relying on any representations, agreements, or warranties regarding the subject matter hereof that are not specifically stated here.
- Severability. The parties intend that any provision of these Terms of Use shall be deemed invalid, unlawful, or unenforceable as written, and any such provision shall be amended and construed to the greatest extent permissible by law in the event that an arbitrator or a court of competent jurisdiction finds such a provision to be so. The remaining provisions shall remain intact and in full force and effect to the extent permissible by law in the event that such a provision cannot be thus changed and interpreted.
- Digital Millennium Copyright Act. STARMobile has a policy of honoring other people’s intellectual property rights. If you are the owner of a copyright or its agent and think that any User Submission or other communication or material violates your copyrights, you can file a notification under the Digital Millennium Copyright Act (“DMCA”) by sending the following documents to our Copyright Agent (for more information, see 17 U.S.C. § 512(c)(3)):
- a signature, either physical or digital, from a representative authorized to act on behalf of the owner of the allegedly violated exclusive right;
the specific copyrighted work that is allegedly being infringed upon, or a representative list of those works if several copyrighted works on this site are covered by a single report;
- A declaration that you firmly believe the copyright owner, its agent, or the law do not permit use of the content in the way that has been complained about; and
a declaration that the notification’s contents are true and, under penalty of perjury, that you have the right to act on behalf of the party whose exclusive right is purportedly violated.
To be clear, STARMobile customer support should be contacted for any other feedback, comments, requests for technical support, or correspondence. Only DMCA notices should be sent to the Copyright Agent. You understand that your DMCA notice could not be accepted if you don’t follow all of the guidelines mentioned above.
Sending STARMobile a counter-notification will allow you to request that material that was removed from this site or disabled after STARMobile received a copyright infringement notice be restored if you are the owner of that material or its agent and you sincerely believe that the material was misidentified or removed in error. The Copyright Act’s Section 512(g) mandates that your counter-notification contain the following information:
- Your signature, either digital or physical;
- Identifying the content that has been taken down or to which access has been restricted, as well as the place where the item was previously available;
- A declaration stating your sincere belief that the item was disabled or removed due to an error or incorrect identification of the content; and
- Provide your name, address, phone number, and email address; additionally, indicate that you agree to the jurisdiction of the federal courts located in Delaware; and last, indicate that you agree to accept process from the individual who notified you of the alleged infringement.
STARMobile may reinstate the removed content or stop disabling it in 10 business days if the Copyright Agent receives a counter-notice. STARMobile may also provide a copy of the counter-notice to the original complaining party. The removed content may be replaced or access to it restored at STARMobile’s sole discretion within 10 to 14 business days of receiving the counter-notice, unless the copyright owner files a lawsuit seeking a court order against the content provider or user and gives STARMobile notice of the same.
- Intellectual Property Notice. Owned by STARMobile or its licensors, all content on this website is shielded by trademark, copyright, and other related intellectual property laws both domestically and internationally. All ownership rights to this content are reserved. It is forbidden to reproduce any content, in whole or in part, without authorization.
- Ability to Accept Terms. You certify that you are of legal age to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and that you are able and competent to do so. You further affirm that you are the age of majority in your state of residence, or, if you live in Puerto Rico, at least twenty-one (21) years old or legally emancipated.
- Governing Law. The substantive laws of the State of Texas shall in all respects govern these Terms of Use as though these Terms of Use were entered, and were to be entirely performed within, the State of Texas, without regard to its conflict of laws principles.
- General. Your use of this Site does not aim to create or foster any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and any of the STARMobile Parties. Any clause in these terms of use that would automatically remain in effect after they expire or terminate must do so. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by STARMobile without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of the STARMobile Parties and each of them shall have the right to assert and enforce these Terms of Use directly or on its own behalf.