EFFECTIVE DATE: December 1, 2016
Personally Identifiable Information
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This website supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. This website is not aimed at nor intended for children under the age of thirteen (13).
If you are under the age of thirteen (13), please do not use this website, and if you are over the age of thirteen (13) but under the age of eighteen (18), you should use this website only with the involvement and permission of a parent or legal guardian. Our website does not accept registration from children under the age of thirteen (13). No personally identifiable information ("PPI") is purposefully or knowingly collected from children under the age of thirteen (13) by Company without parental consent. If Company discovers that a person under the age of thirteen (13) has provided Company with any PII, Company will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
COLLECTION OF INFORMATION
Star-City and our service partners collect the following information from and about you:
Information We Collect Automatically From Your Devices: When you use our Site, we may collect information about the device you use to access the Site, including hardware model, operating system and version, Internet Protocol (“IP”) address and other unique device identifiers, mobile network information and information about the device’s interaction with our Sites. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our website, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service. This information is used to analyze and improve this website and to provide you with a more fulfilling and relevant experience.
Registration Information: is the "PII" information you submit to this Site or third party site to register for a Star-City Online Service, for example, to create an account, post comments, receive a newsletter, shop, or enter a contest or sweepstakes. Registration Information may include, for example, name, email address, gender, zip code and birthday.
Public Information and Posts: Consist of comments or content that you post to the Site via Social Media and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.
Third Party Services: Providing Star-City support with tracking analytics and aggregate usage statistics (e.g. Google Analytics) or providing services, such as allowing you to share content (e.g. Facebook and Twitter), may also use these technologies to collect similar information when you use the Site or third-party services. Star-City does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies.
Payment Information: If you purchase a product or service through the Site, our third party payment processors will collect the billing and financial information they need to process your charges. This may include your postal address, email address and financial information. Star-City does not collect or store your financial information, like credit card numbers. However, Star-City’s third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address and items purchased in order to fulfill your order.
Company uses all possible efforts to ensure the safety of your sensitive information. No website, internet transmission, computer system or wireless connection is completely secure. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Company website is at your own risk. Company urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your account, and closing your web browser. In order to help us protect your sensitive information and PII further, you should be careful about providing your password to others.
Whenever you give Company sensitive or confidential information, Company will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Company uses the Security Socket Layer (“SSL”), an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk. Unless otherwise specified herein or on the site where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.
USE AND DISCLOSURE
Among Group Companies and Partners: We may share your information with our affiliated and subsidiary companies and joint venture partners for the purposes of processing, analyzing or storing your information or otherwise as needed to provide the Services to you, in each case, consistent with the terms of this Policy.
Third Parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) website evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. These third parties may have access to this website’s user information, including PII, to the extent it is needed to perform their duties and functions.
Company Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Star-City, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
Co-Branded Services and Promotions: If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
If you do not agree or do not consent to the disclosure of your information in any manner described above, you should not use the Site.
Consent to Processing in the United States
Third Party Advertisements
Notice to California Residents/Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (as defined under the California Online Privacy Protection Act), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to email@example.com.
If a motion picture that has been rated by the Motion Picture Association of America (“MPAA”) is the subject of this website, you may visit www.mpaa.org for a description of the ratings system, www.filmratings.com for a discussion on the reasons for the ratings on recent motion picture releases or visit www.parentalguide.org, which is intended to provide parents with information about each of the ratings systems that have been developed in the electronic game, music, cable and television broadcast industries.
Choice of Law
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Content must be filed within one (1) year after such cause of action arose or be forever barred.
Binding Arbitration of All Disputes. No Class Relief
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Star-City agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use or interaction with the Site or other online services, (ii) any purchases or other transactions or relationships with Star-City, or (iii) any data or information you may provide to Star-City or that Star-City may gather in connection with such use, interaction or transaction (collectively, “Star-City Online Services”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other Star-City Online Services with us, you agree to binding arbitration as provided below.
(1) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Star-City (the “Arbitrator”);
(2) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(3) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Star-City; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(4) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or,to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summa procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(5) No Class Relief. The Arbitration can resolve only your and/or Star-City’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(6) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(7) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Star-City will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(8) Reasonable Attorney’s Fees. In the event you recover an Award greater than Star-City’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Star-City’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Star-City shall in all events bear its own attorneys’ fees; and
(9) Interpretation and Enforcement of Arbitration Clause. I With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Star-City shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(10) Modification of Arbitration Clause With Notice. Star-City may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Star-City has given notice of such modifications and only on a prospective basis for claims arising from Star-City Online Services occurring after the effective date of such notification.
(11) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Star-City in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
For more information on JAMS and/or the rules of JAMS, visit their Website at www.jamsadr.com.
If you have questions or concerns about our Policy, please contact us at: firstname.lastname@example.org.