Terms of service
Terms & Conditions
Terms of Use (Rev. 133A18A)
State of Washington
TERMS OF USE
OATSY by STARRY WEB
Version Date: May 2019
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you,
whether personally or on behalf of an entity (“user” or “you”) and Starry Web Ltd. and its affiliated
companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the
www.oatsyapp.com website as well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Website”). The Website provides the following
service: Platform for connecting Tasks to Services (“Company Services”). Supplemental terms and
conditions or documents that may be posted on the Website from time to time, are hereby expressly
incorporated into this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations other
than where it is operated by Company. The information provided on the Website is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Website from
other locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a
minor, you must have your parent or guardian read and agree to this Agreement prior to you using the
Website. Persons under the age of 13 are not permitted to register for the Website or use the Company
Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,
OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
WEBSITE.
USAGE OF APP
Oatsy provides recommendations to your daily nutrition, weight, and exercise needs. It is not a medical device or app, and is not intended to diagnose, prevent, advice, or treat patients on medical conditions. You should always check with a doctor in addition to using the app and before making medical decisions. See disclaimer for details.
PURCHASES: PAYMENT
Company charges you for premium content and subscriptions. See https://oatsyapp.com/eula for subscription details.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password
and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use this Website; and
E. Your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Website’s registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Website (or any portion thereof).
Regarding Content You Provide
The Website may invite you to chat or participate in blogs, message boards, online forums and other
functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute or broadcast content and materials to Company and/or to or via the Website, including,
without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively "Contributions"). Any Contributions you
transmit to Company will be treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
A. The creation, distribution, transmission, public display and performance, accessing,
downloading and copying of your Contribution does not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights
of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases
and permissions to use and to authorize Company and the Website users to use your
Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. You have the written consent, release, and/or permission of each and every identifiable
individual person in the Contribution to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the Contribution in the manner
contemplated by this Website;
D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise
objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock,
disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any
government, does not incite, encourage or threaten physical harm against another, does not
violate any applicable law, regulation, or rule, and does not violate the privacy or publicity
rights of any third party;
E. Your Contribution does not contain material that solicits personal information from anyone
under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not
violate any federal or state law concerning child pornography or otherwise intended to protect
the health or well-being of minors;
F. Your Contribution does not include any offensive comments that are connected to race,
national origin, gender, sexual preference or physical handicap;
G. Your Contribution does not otherwise violate, or link to material that violates, any provision of
this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Website, or making them accessible to the Website by linking
your account to any of your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such
Contributions (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such
Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels. Such use and distribution license will apply
to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names and logos, personal and commercial images you provide. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in
this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-
screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this
Agreement.
By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user
a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access,
download, print and otherwise use your Contributions for their internal purposes and not for distribution,
transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should
have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive
language, profanity, or abusive, racist, or hate language; discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal
activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers
should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false
statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or
partner of Company. Company does not assume liability for any review or for any claims, liabilities or
losses resulting from any review. By posting a review, the reviewer hereby grants to Company a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to
Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the Company Services via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on such devices strictly in
accordance with the terms and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)
make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the
application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of Company or other intellectual property of Company in the
design, development, manufacture, licensing or distribution of any applications, accessories or devices for
use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement is concluded
between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and
Company, not an App Distributor, is solely responsible for the Company application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that utilizes the Apple iOS or
Android operating system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely
responsible for providing any maintenance and support services with respect to the Company application,
as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the Company application. (3) WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the Company application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the Company application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the
Company application or your possession and/or use of the Company application, including, but not limited
to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)
INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the Company application or your possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the Company application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the Company application. (8) THIRD PARTY
BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you may link your account with online accounts you may have
with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your
Third Party Account login information through the Website; or (ii) allowing Company to access your Third
Party Account, as is permitted under the applicable terms and conditions that govern your use of each
Third Party Account. You represent that you are entitled to disclose your Third Party Account login
information to Company and/or grant Company access to your Third Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you of any of the terms and
conditions that govern your use of the applicable Third Party Account and without obligating Company to
pay any fees or making Company subject to any usage limitations imposed by such third party service
providers. By granting Company access to any Third Party Accounts, you understand that (i) Company
may access, make available and store (if applicable) any content that you have provided to and stored in
your Third Party Account (the “Social Network Content”) so that it is available on and through the Website
via your account, including without limitation any friend lists, and (ii) Company may submit and receive
additional information to your Third Party Account to the extent you are notified when you link your
account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to
the privacy settings that you have set in such Third Party Accounts, personally identifiable information
that you post to your Third Party Accounts may be available on and through your account on the Website.
Please note that if a Third Party Account or associated service becomes unavailable or Company’s
access to such Third Party Account is terminated by the third party service provider, then Social Network
Content may no longer be available on and through the Website. You will have the ability to disable the
connection between your account on the Website and your Third Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and
Company is not responsible for any Social Network Content. You acknowledge and agree that Company
may access your e-mail address book associated with a Third Party Account and your contacts list stored
on your mobile device or tablet computer solely for the purposes of identifying and informing you of those
contacts who have also registered to use the Website. At your request made via email to our email
address listed below, or through your account settings (if applicable), Company will deactivate the
connection between the Website and your Third Party Account and delete any information stored on
Company’s servers that was obtained through such Third Party Account, except the username and profile
picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions") provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than that for which Company makes
it available. The Website may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
A. Attempting to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B. Attempting to impersonate another user or person or using the username of another user
C. Criminal or tortious activity
D. Deciphering, decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. Deleting the copyright or other proprietary rights notice from any Website content
F. Engaging in any automated use of the system, such as using any data mining, robots or similar
data gathering and extraction tools
G. Except as may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without limitation, any
spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or
using or launching any unauthorized script or other software
H. Harassing, annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. Interfering with, disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J. Making any unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses
K. Selling or otherwise transferring your profile
L. Systematic retrieval of data or other content from the Website to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from
Company
M. Tricking, defrauding or misleading Company and other users, especially in any attempt to learn
sensitive account information such as passwords
N. Using any information obtained from the Website in order to harass, abuse, or harm another
person
O. Using the Company Services as part of any effort to compete with Company or to provide
services as a service bureau
P. Using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained
therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and international conventions. Company
Content, includes, without limitation, all source code, databases, functionality, software, website designs,
audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, common law trademarks or trade
dress of Company in the United States and/or other countries. Company's trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only
and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent
of the respective owners. Provided that you are eligible to use the Website, you are granted a limited
license to access and use the Website and the Company Content and to download or print a copy of any
portion of the Company Content to which you have properly gained access solely for your personal, non-
commercial use. Company reserves all rights not expressly granted to you in and to the Website and
Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other
websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed through the Website or any Third
Party Content posted on, available through or installed from the Website, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Website and access the Third Party Websites or to use or install any Third Party
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 website to which you navigate from the Website or relating to any applications you use
or install from the Website. Any purchases you make through Third Party Websites will be through other
websites and from other companies, and Company takes no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the obligation to:
A. Monitor the Website for violations of this Agreement;
B. Take appropriate legal action against anyone who, in Company’s sole discretion, violates this
Agreement, including without limitation, reporting such user to law enforcement authorities;
C. In Company’s sole discretion and without limitation, refuse, restrict access to or availability of,
or disable (to the extent technologically feasible) any user’s contribution or any portion thereof
that may violate this Agreement or any Company policy;
D. In Company’s sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size or are in any way
burdensome to Company’s systems;
E. Otherwise manage the Website in a manner designed to protect the rights and property of
Company and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website
or Company Services, you are consenting to have your personal data transferred to and processed in the
United States. By using the Website or the Company Services, you are consenting to the terms of our
Privacy Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that content available on or through our Website infringes one or more of your copyrights,
please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”)
providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that content located on or
linked to by our Website infringes your copyright, you should consider first contacting an attorney. Our
Website has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online website are covered by a single notification, a representative list of
such works at that website.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted.
E. A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Notifications should be sent to our Designated Copyright Agent as follows:
Designated Copyright Agent
Starry Web Ltd.
10696 158 ST
Surry, BC, Canada
Email: support@starrystars.com
Phone: (206) 399-0354
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described
below by which the alleged infringer may respond to your claim and request that we restore this material.
Counter Notification
If you believe your own copyrighted material has been removed from our Website and/or our service as a
result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”)
to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective
Counter Notification under the DMCA, your Counter Notification must include substantially the following:
A. Identification of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled.
B. A statement that you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for any judicial district in
which our Company is located.
C. A statement that you will accept service of process from the party that filed the Notification or
the party's agent.
D. Your name, address and telephone number.
E. A statement under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of mistake or misidentification of the material to
be removed or disabled.
F. Your physical or electronic signature.
You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set
forth above.
If you send us a valid, written Counter Notification meeting the requirements described above, we will
restore your removed or disabled material after ten (10) business days but no later than fourteen (14)
business days from the date we receive your Counter Notification, unless our Designated Copyright
Agent first receives notice from the party filing the original Notification informing us that such party has
filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a
false Counter Notification constitutes perjury.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or
member of the Website, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or
by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR
ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF
ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any
time in its sole discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING
NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS
AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO
INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending your account,
Company reserves the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS TO AGREEMENT
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be
posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification becomes effective.
Company may also, in its discretion, choose to alert all users with whom it maintains email information of
such modifications by means of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact information current in your
account settings to ensure you are informed of changes. You agree that you will periodically check the
Website for updates to this Agreement and you will read the messages we send you to inform you of any
changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Company Services (or any part thereof) with or without notice. You agree that Company shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Company
Services.
DISPUTES BETWEEN USERS
If there is a dispute between users of the Website, or between users and any third party, you understand
and agree that Company is under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release Company, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way related to such disputes and/or the Company Services.
With Company
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company
Services shall be governed by and construed in accordance with the internal laws of the
State/Commonwealth of Washington, without regard to conflict of law provisions. With respect
to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth
below), you agree not to commence or prosecute any action in connection therewith other
than in the state and federal courts located in king County, State of Washington, and you
hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, venue and jurisdiction in such state and federal courts. Application
of the United Nations Convention on Contracts for the International Sale of Goods is excluded
from this Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action
or proceeding by you related in any way to the Website or Company Services be instituted
more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy
or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
30 days before initiating any arbitration or court proceeding. Such informal negotiations
commence upon written notice from one person to the other.
C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those Disputes
expressly excluded below) finally and exclusively resolved by binding arbitration. Any election
to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT
ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website www.adr.org. The
determination of whether a Dispute is subject to arbitration shall be governed by the Federal
Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the
arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the submission of documents, by phone or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in united states County, State of
Washington. Except as otherwise provided in this Agreement, you and Company may litigate
in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute
between Company and you individually. To the full extent permitted by law, (1) no arbitration
shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (3) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the
following Disputes are not subject to the above provisions concerning informal negotiations
and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the
validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any
claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you
nor Company will elect to arbitrate any Dispute falling within that portion of this Section found
to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and you and Company agree to
submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or
omissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the content available on the Website. By operating the
Website, Company does not represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation content hosted on third party
websites or provided by third party applications, or that Company believes contributions, blogs or other
content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or
otherwise objectionable content you may encounter on the Website or in connection with any
contributions. The Company is not responsible for the conduct, whether online or offline, of any user of
the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY
SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR
COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
COMPANY’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 COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO
ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR. You agree that some Experiences, Events or other Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Service and to the maximum extent permitted by law, you agree to release and hold harmless from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. "
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the
address listed in the contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending
party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance
of the Company Services, as well as data relating to your use of the Company Services. Although we
perform regular routine backups of data, you are primarily responsible for all data that you have
transferred or that relates to any activity you have undertaken using the Company Services. You agree
that Company shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make
transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,
POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,
you may be required to have certain hardware and software, which are your sole responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the
Company Services. The failure of Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned by you without our
express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any
cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and Company as a
result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance with
this Agreement. You agree that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of this
Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or, if any complaint
with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at
400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Also see EULA.
Starry Web Ltd.
10696 158 ST
Surrey, BC, Canada
Email: info@oatsyapp.com