Terms & Conditions

This web page represents a legal document that serves as the Terms of Use for our website, www.sleepstar.co, as owned and operated by Star Apps, LLC (Star Apps). The last update to our Terms of Use was posted on August 28, 2012.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, Medical Disclaimer, and other posted guidelines within our Website, (collectively “Legal Terms”), constitute the entire and only agreement between you and Star Apps, and supersede all other agreements, representations, warranties and understandings with respect to our Website/Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website/Service, and you should review all Legal Terms prior to using our Software. After any revisions to our Website/Service are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website/Service, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website/Service.

If you do not accept our Legal Terms, you should not access our Website/Service. If you have already accessed our Website/Service and do not accept our Legal Terms, you should immediately discontinue use of our Website/Service.

Definitions

The terms “us” or “we” or “our” refers to Star Apps, the owner of the Website.

A “Visitor” is someone that merely browses our Website.

A “Member” is someone who has registered with our Website to use our Service.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, design, process and data offered through our Website, whether free to all or part of our paid services, whether originating from us or from our Users, are collectively known as our “Content”. We may also refer to any Content uploaded by our Members as “Member Content”. When we refer to our Website/Service, our Content is included by reference.

Overview of Our Service and Products

Our service (“Service”) is comprised of your use of our Website that provides our Members with a) Content to learn and get information about sleep techniques, information, and related topics; b) functionality to evaluate and track sleep cycles, moods, and other related information; c) a supportive online community for our Members to share their knowledge and experiences; and d) an online store that sells relevant products (“Products”). Our Service is restricted to our Members only.

Acceptance of Agreement

Our Legal Terms is between you and Star Apps.

OUR LEGAL TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ OUR LEGAL TERMS CAREFULLY AND IN THEIR ENTIRETY, AS ACCESSING OR USING OUR WEBSITE/SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE DO NOT ACCESS OR USE OUR WEBSITE/SERVICE, INCLUDING BROWING OUR WEBSITE.

Limited License

Star Apps grants you a non-exclusive, non-transferable, revocable license to access and use our Website/Service strictly in accordance with our Legal Terms. Your use of our Website/Service is solely for internal, personal, non-commercial purposes, unless otherwise provided in our Legal Terms. No print out or electronic version of any part of our Website/Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website/Service. Star Apps reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Our Relationship to You

Star Apps relationship to you is at all times that of an independent contractor. Our Legal Terms in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Star Apps.

Our Intellectual Property

Our Website/Service may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, logos, and videos. Your use of our Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Star Apps.

Our Content, as found within our Website/Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your access or use of our Website/Service does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Star Apps will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on our Website;

Your address, telephone number, and email address;

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; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. Our Service is intended solely for people at least age 18 years of age or older. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of our Legal Terms. By using our Service, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of our Legal Terms. Star Apps has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized sue of your password or any other breach of security. You agree that Star Apps cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed through our Website/Service are not necessarily the opinions of Star Apps. Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. We do not represent or otherwise warrant that our Service will be error-free, free from viruses or other harmful components, or that we will correct any errors. Similar to any printed materials, our Content may become out-of-date. We undertake no obligation to update any Content available through our Website/Service. Members are responsible for their own content, where applicable, and may update their Member Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to any information or functionality appearing as part of our Website/Service.

Advice and Health Disclaimer

You hereby acknowledge that nothing contained in the Content as found on our Service shall constitute professional advice and that no professional relationship of any kind is created between you and Star Apps or our Members. You should always seek the professional opinion of a doctor or other qualified health professional before making any medical decisions. You hereby agree to our Medical Health Disclaimer and that any actions you take, based in whole or in part on any Content as found on our Service, are solely your responsibility and that Star Apps and our Members have no liability for your actions or reliance upon such Content.

Advertisers and Sponsors Disclaimer

Our Website/Service may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion through our Website/Service is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Star Apps AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Warranty Disclaimer

Star Apps is not responsible or liable in any manner for any Content as found on our Website/Service, whether posted or caused by our Members or by Star Apps. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share through our Website/Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through our Website/Service.

Our Website/Service may be temporarily unavailable, fully or partially, from time to time for maintenance or other reasons. Star Apps assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Star Apps is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website/Service, including without limitation any software provide through our Website/Service. Under no circumstances will Star Apps be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Service or Products, or for any interactions between Users, whether online or offline.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Star Apps, by third parties or by any of the equipment or programming associated with or utilized by our Service.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Star Apps, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE. Star Apps CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE. Star Apps DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Star Apps. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

Star Apps, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Content; (b) any issues associated with Products we sell; (c) the unavailability or interruption of our Website/Service; (d) your use of our Website/Service; or (e) any delay or failure in performance of our Website/Service beyond our control.

IN NO EVENT WILL Star Apps OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, SERVICE OR PRODUCTS, EVEN IF Star Apps IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Star Apps’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ONE MONTH OF SERVICE OR THE PURCHASE PRICE OF THE PRODUCT(S), DEPENDING ON WHAT GAVE RISE TO THE LIABILITY.

Member Conduct

Members may post their own content to our Website through our Service. Members and Visitors understand that by using our Website/Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Star Apps is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Star Apps will submit all necessary information to the proper authorities.

If any Member Content is reported to Star Apps as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Star Apps. Should the Member fail to meet such a request, Star Apps has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates our Legal Terms or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Service to do any of the following:

1) upload, post or otherwise transmit any Member Content that:

  • violates any local, state, federal, or international laws.
  • infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
  • links directly or indirectly to any materials to which you do not have a right to link.
  • contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Service.
  • contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure agreements).
  • in the sole judgment of Star Apps, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose Star Apps, our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:

  • develop a competing website.
  • create compilations or derivative works as defined under United States copyright laws.
  • re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • decompile, disassemble or reverse engineer our Service and it’s components along with any related software.
  • use our Service in any manner that violates our Legal Terms or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website/Service in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of our Legal Terms. You must review this Privacy Policy by clicking on this link: www.sleepstar.co/privacy.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website/Service may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the service, information, content and/or data of such third party websites. Star Apps has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payment of Fees for Service and Products

You represent and warrant that when you pay us for using our Service or for purchasing any Products we may sell that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be onored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. You understand that our Service is provided on a subscription basis and that your bank or credit card will be billed once for a period of twelve (12) months of access, and after that period ends, you will have the option to continue the service on a recurring monthly or yearly basis, until you cancel your membership. You understand that if you fail to make timely payment for using our Service, we reserve the right to suspend your Member account until payment is made. If payment is not made within forty-five (45) days of due date, we may even terminate your Member account.

Limited Refund Policy

Generally, Star Apps does not provide refunds for our Service or any Products you purchase through our Website. However, Star Apps will provide a full, no-questions-asked, refund for your initial purchase of our Service within seventy-two (72) hours of purchase. To be eligible for a refund, you must cancel your account within seventy-two (72) hours of purchase of our Service. Any request for refund after that period will be denied. If we issue a refund, your payment will be returned to the credit card or other account you used to pay us. For Products, you may request like-kind replacement for items lost or damaged in transit to you. However, Star Apps will not exchange items nor provide refunds, unless we determine, in our sole discretion, that your situation warrants such action.

Payment Charge-Backs

Star Apps has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue with our Service or Products. However, if you start a charge-back process regarding our Service or Products with your bank or credit card company, Star Apps reserves the right to immediately terminate your account without notice to you. Star Apps will also turn over all related materials to your bank and credit card company to show that the Service or Products has been rendered to you as well as to turn over your information to authorities for fraud prosecution. You will also be liable for any administrative costs we incur in processing such charge-back.

Termination of Your Account

You acknowledge that if you violate the terms of our Legal Terms, Star Apps reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Service.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or access or use of our Website, Service, or Products.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms or our Website/Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the Commercial Rules of Arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Texas, United States necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Houston, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Service, or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights shall survive any termination of our Legal Terms.