Welcome to StarryGift, the all-in-one online store of gifts and collectibles. The StarryGift service is operated by En Louvre Limited ("We","us","StarryGift"). By visiting or using our Website at www.starrygift.com ("Website","Site"), or by posting a hyperlink of any form to your StarryGift account on our Website, you ("User") are giving consent to be bound by these Terms of Service ("Terms", "Agreement"), regardless you are a registered member of StarryGift. If you wish to become a member of StarryGift, you must read this agreement carefully and indicate your acceptance to these terms by checking the box "I agree to StarryGift's Terms of Service" on the Sign Up page.
If you do not agree to abide by any (existing or future) term in this Agreement, please do you access or use our service on this Site. Users will bear the responsibility of checking and reviewing the latest changes of these Terms of Service on regular basis.
The StarryGift Website and services are provided solely for Users who are thirteen (13) years old or older. By registering and using our service, you represent and warrant that you are 13 years old or older, and that you are giving consent to be bound by all the terms and conditions in this Agreement. This Agreement will remain in full force and effect during you use the Website or Service and/or remain as our member. We may terminate your membership, at any time and for any reason, with or without notice. Please note that in case of membership termination, you will not be entitled to any refund of outstanding referral fees. Certain sections of the Agreement may survive even after your termination of membership.
In consideration of your use of the Website, you certify that (a) the information about you as prompted by any registration forms on the Website are accurate, current and complete. (b) You will maintain the security of your password and identifications. And (c) you will be solely responsible for any actions that you take with your membership/account.
You should update your profile information regularly and promptly and that you also agree to keep all subsequent information accurate, current and complete.
Proprietary Rights in Content
All the content of this Website are the proprietary property of StarryGift, including but not limited to the graphics, images, sound, music, video, text, designs and other files (the "Content"). No Content should be copied, reproduced, republished, modified, distributed, posted, displayed or sold, in whole or in part, by any means without the written approval from StarryGift. This foregoing does not apply to the User content that you post on this Website legally. Given that you have legitimate rights to use this Website and your agreement to keep all copyrights intact, you are granted a limited license to access the Content within for your sole personal and non-commercial use. Any other use of this Website apart from those specifically authorized are strictly prohibited and may lead to a termination of license granted. Unauthorized use of this Website is also a violation of applicable laws. This license is revocable at any time without prior notice.
By posting, publishing or uploading any information to our Website, including but not limited to graphics, images, sound, music, video, text and other files, you agree to grant, or indicate you have the right to grant a permanent, non-exclusive, irrevocable, free, worldwide license to use, copy, perform, display, distribute, prepare derivative works for, and incorporate into other works with your submitted content. Authorizations will also be granted for the foregoing sublicenses.
By using StarryGift services
- You understand that such services are provided for your personal, non-commercial use only.
- You agree not to use the Website or any services within for illegal purposes.
- You agree not to collect the harvest any information of the Website and/or other Users by any means.
- You agree not to post, upload or share any information that is:
- You agree to register only one account under the name and goodwill of yourself or the organization you represent. You also agree not to impersonal any other third party, or falsely state or misrepresent yourself under any circumstance.
- private of any third party, including but not limited to phone numbers, addresses, social security number and credit card numbers,
- deem to be defamatory, harassing, invasive or offensive to any third party,
- illegal or is subjected to infringement of rights (including but not limited to copyright, privacy, trademark or other proprietary rights) of any third party,
- materials or contents that may provoke, encourage or instruct any third party to a violation of any local, state, national or international law,
- unauthorized promotional, advertising or solicitations including but not limited to junk mail and spam.
- materials or scripting that may perform unwelcome operations on any third party computer systems.
- any content that is inappropriate or may cause harm or liability of any type, under the sole discretion of StarryGift.
Links to Other Websites
This Website may contain links to other third party websites or content originated from third party websites. Such third party websites are not under the control, investigation or monitoring of StarryGift and StarryGift is not responsible for the content of any third party website, StarryGift is offering such links, with the purpose as such, for your convenience. Inclusion of such links does not imply endorsement of that website therefore by us. By leaving the StarryGift Website to third party websites, you understand that this Terms of Service will not longer be applicable and that you should refer to the terms and policies of the destination website to which you are navigated from our Site.
You agree not to post, collect, copy and distribute and copyrighted contents, including but not limited to images, sound, articles, videos, trademarks or other information from another party without a prior written consent of the owner.
If under any circumstance you believe your information has been copied that constitutes to an infringement of copyrights, please contact us.
STARRYGIFT, STARRY GIFT, and all other graphics, logos, look and feel designs, icons, articles, scripting are registered trademarks of En Louvre Limited.
You are prohibited to copy and use, fully or partially, any trademark of StarryGift without prior without consent of the Company.
You are solely responsible for your interactions with other Users of StarryGift. We reserve the right but no obligation to monitor disputes between you and other StarryGift Users.
The Website and the Service are provided "AS-IS" and StarryGift disclaims any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. We do not represent or warrant that the content or materials on this Website are complete, accurate, reliable, error-free or free of viruses or other harmful components. Please download industry-recognized software and take necessary safety precaution during your use and downloading any content from the Website. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.
The Company is not responsible any content from User or third party posted on the Site or in connection with our Service. StarryGift has offered rules and guidelines for User conducts, but we bear no obligation on the behaviour of User, regardless they are online or offline. Under no circumstance will StarryGift be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website of the Service, any content posted on the Website or transmitted to members or other Users, or any interactions among members or others Users of the Website, regardless they are online or offline.
StarryGift assumes no responsibility for any error, omission, interruption and delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or vendors, network services providers, computer equipment, software, email failure or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any damage to computer equipments belonging to any User of the Website, any Member, or any other person related to or resulting from use of the Website or otherwise in any way in connection with the Service.
StarryGift reserves the right to suspend the Service for regular maintenance, or change any and all content contained in the Site and any Services at any time without notice. Reference to any products, services, processes or other information does not constitute or imply any endorsement, approval, sponsorship, recommendation or any affiliation therewith, by the Company.
Limitations of Liability
Except in jurisdictions where such provisions are restricted, in no event will StarryGift be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, or any content or materials on or accessed via the Website, even if we have been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, our entire 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 the Service during the term of this Agreement. Yet in no case will StarryGift's liability to you exceed US$100.
Governing Law; Venue and Jurisdiction
By visiting or using the Site or the Service, you agree that the Basic Law of the Hong Kong Special Administrative Region, disregard to principles of conflict of laws, will govern these Terms of Service and any dispute that might arise between you and the Company or any of our affiliate parties. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in Hong Kong Special Administrative Region, and you hereby agree to, and waive all defences of lack of personal jurisdiction with respect to, venue and jurisdiction in Hong Kong Special Administrative Region.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Service shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former User of the Service, and no class arbitration proceedings shall be permitted.
You agree to indemnify and hold StarryGift, its subsidiaries, affiliates and each of their directors, officers, agents, employees, contractors, and corporate or other partners harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Website or the Service (including the content posted or shared by you on the Website) in violation of this Agreement; your conduct in connection with the Service or the Site or with other Users of the Service or the Site, any other breach of this Agreement by you; or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Company or between the Company and any other Member or User of the Website.
You acknowledge and agree that any contents, questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.