Terms & Conditions

TERMS & CONDITIONS

These are the terms of use (“Terms”) on which you may make use of our website www.starcount.com and also our mobile and other applications (the “Site”). Please read these Terms carefully before you start to use the Site. By accessing and using the Site, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms of use, please refrain from using the Site. We reserve the right to change the Terms at any time. We recommend that you periodically check the Site for changes to the Terms.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our entire Site, to users who have registered with us, at our sole discretion and without any prior notice to you.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. We cannot and will not be liable for any loss or damage however arising from your failure to comply with the above.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them. You are responsible for all use of the Site via your Internet connection.

INTELLECTUAL PROPERTY RIGHTS

Much of the underlying data and images on the Site is/are obtained from Facebook, YouTube, Twitter, Google+, Sina Weibo, Tencent, Youku, Orkut, Mixi, VKontakte, Renren and other social networks and data services (“Social Networks”). The Copyright in this data is held by the Social Networks and / or the respective users of these and other services. The arrangement, categorisation, compilation and presentation of this data, as well as all articles and other editorial content on the Site is our copyright.

You may print off our data for personal use, you may link to the Site, copy and publish excerpts where this does not infringe the copyright of the Social Networks or their users. Our status (and that of the Social Networks and others as suppliers of the data) must be acknowledged. You must not use any part of the materials on the Site for commercial or monetary purposes without obtaining a licence to do so from us or our permitted licensors

We hope at some point be in a position to share some of our data via an API but in the meantime, you must observe the above terms.

Starcount, the Starcount logo and the Starcount design are trademarks of Starcount, a trading name of Rhomu Ltd and may not be used without express written permission from us, other than for attribution. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Starcount-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content (but not the Content itself) on the Site, is our property and is protected by copyright laws. Except as set out in these Terms, no reproduction of any Starcount-originated content is permitted without written permission from us.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

THE SITE CHANGES REGULARLY

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely without prior notice at our discretion. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

We may process information about you in accordance with our privacy policy www.starcount.com/privacy-policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

REGISTERING ON THE SITE AND UPLOADING MATERIAL TO THE SITE

Whenever you make use of a feature that allows you to register or upload material to the Site, or to make contact with other users of the Site, you must comply with the standards set out below in respect of the Content (as defined below) you post, submit or display. You must ensure any Content:

Is truthful and accurate, to the best of your knowledge. Where, in registering to use or upload content or data to the Site, you are required to provide information, you must always provide accurate and truthful information and shall ensure such information is kept up to date.

Is compliant with all applicable laws.

Does not contain any material which is defamatory or libellous.

Does not contain any material which is obscene, offensive, hateful or inflammatory, or which causes annoyance or invades another’s privacy.

Does not contain sexually explicit material, promote illegal activity, violence or discrimination or any kind.

Infringe any copyright, database right or trademark of any other person or assist or promote such infringement.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Does not impersonate any person or organisation, or misrepresent your identity in any way.

You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. You acknowledge you are fully responsible for all use of your account and for any actions that take place using your account, including without limitation the Content posted, submitted or displayed on the Site using your account.

You understand that all postings, messages, text, images, communications or other materials (“Content”) posted, displayed, submitted or published on, uploaded to, transmitted through, or linked from (“post” or “posted”), the Site are the sole responsibility of the person from whom such Content originated, including you where you are responsible for such Content. You understand that we do not control, and are not responsible for, Content made available through the Site by you or by anyone else, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content it may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or remove any Content that is available via the Site, in connection with violations of the letter or spirit of these Terms or for any other reason.

You acknowledge that the Content that you post on the Site will be able to be viewed by other users of the Site and through third party websites and services. You should only post Content that you are comfortable sharing with others under these Terms. Further, whilst you retain your rights to any Content you post on or through the Site you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this licence includes the right for us to provide, promote and improve the Site and the services provided through it and to make Content submitted to or through the Site available to other companies, organisations, or individuals who partner us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us of other companies, organisations or individuals who partner with us may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Site.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and / or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. You must not access the Site via bots, crawlers or through automated means.

By breaching some of these provisions, you may be committing a criminal offence in law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

JURISDICTION AND APPLICABLE LAW

The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the applicable local laws in the territory from which you access the Site.

YOUR USE OF THE SITE

We hope you enjoy the Site but, for avoidance of doubt, you may NOT use our site in the following ways:

  • In any way that is unlawful or fraudulent, or breaches any applicable law or regulation.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).
  • To knowingly transmit any material that contains viruses, Trojan horses, worms, spyware, adware or any other harmful computer code.
  • To reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms.
  • To access without authority, interfere with, damage or disrupt any part of the Site or the equipment and software it utilises.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

ENDING THESE TERMS

Registered users may disconnect from any of the Starcount applications by following the instructions on the applications to disconnect all their social accounts, and no further personal data will be gathered. Users may request that all personally identifying data from them is deleted by sending a request to team@starcount.com.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

Please read this section carefully since it limits our liability and that of Starcount’s parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively the “Starcount entities”). This disclaimer and limitation on liability only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

OUR LIABILITY

The material displayed on the Site is provided without any guarantees, conditions or warranties (express or implied) made by any or all of the Starcount. entities as to its:

  • accuracy;
  • merchantability;
  • fitness for a particular purpose;
  • non-infringement or originality.

To the extent permitted by law, we expressly exclude liability for:

  • any direct, indirect, special, punitive or consequential loss or damage incurred by any user in connection with the use, or inability to use, the Site;
  • any loss of data, use , good will or other intangible losses resulting from:
    • your access to use or inability to access or use the Site
    • any conduct or content of any third party on the Site including without limitation any defamatory, offensive or illegal conduct of other users or third parties
    • any content obtained from the Site or
    • unauthorised access, use or alteration of your transmissions or Content.

In no event shall the aggregate liability of the Starcount Entities exceed the greater of one hundred Great British pounds (£100.00) or the amount you paid Starcount, if any, in the past six months for the use of the Site.

The Starcount entities make no warranty and disclaim all responsibility and liability for:

  • the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content;
  • any harm to your computer system, loss of data or other harm that results from your access to or use of the Site or any Content
  • the deletion of or failure to store or to transmit any Content and other communications maintained by the Site;
  • whether the Site will meet your requirements or be available on an uninterrupted, secure and error free basis.

No advice or information whether oral or written obtained from the Starcount entities or through the Site will create any warranty not expressly made in these Terms.

WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable then that provision will be limited to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

YOUR CONCERNS

If you have any concerns about these terms or material which appears on our site, please contact us at privacy@starcount.com.

Starcount, a trading name of Rhomu Ltd, 120 New Cavendish Street, London W1W 6XX with registered number 12866587.