User Agreement
Terms of Use
Welcome to the Shining Star Website (the "Site"). Shining Star provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Shining Star may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
Site Contents
Occasionally there may be information on www.goShiningStar.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Return Policy. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Shining Star. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Murata Design Studio, LLC. Shining Star and our other trademarks appearing at this Site are the trademarks of Murata Design Studio, LLC. This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. User Comments, Feedback, Postcards And Other Submissions All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Shining Star on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Shining Star property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Shining Star of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Shining Star will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Shining Star is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Product Information
Shining Star products are available online at www.goShiningStar.com. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Membership Eligibility
The www.goShiningStar.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Shining Star for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your www.goShiningStar.com account to another party. If you do not qualify, you may not use the www.goShiningStar.com Service or the Site.
Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shining Star has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shining Star has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Shining Star immediately of any unauthorized use of your account or any other breach of security. Shining Star reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Links to Other Web Sites and Services
This Site may contain links to other websites that are not under the control of Shining Star. Shining Star has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Shining Star provides the links solely for the convenience and information of its Site users.
Indemnification
You agree to defend, indemnify and hold Shining Star harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Miscellaneous
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Shining Star products and services available in the United States. This Site is controlled and operated by Shining Star from its offices in New York City, NY. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York.
Termination
These terms are effective unless and until terminated by either you or Shining Star. You may terminate this Agreement at any time. Shining Star also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Shining Star sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Shining Star, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
Limitation of Liability
You expressly understand and agree that Shining Star and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shining Star has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Shining Star is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Shining Star may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
1) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
2) Advertisements or solicitations of any kind.
3) Impersonate others or provide any kind of false information.
4) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
5) Messages by non-spokesperson employees of Shining Star purporting to speak on behalf of Shining Star or containing confidential information or expressing opinions concerning Shining Star.
6) Messages that offer unauthorized downloads of any copyrighted or private information.
7) Multiple messages placed within individual folders by the same user restating the same point.
8) Chain letters of any kind.
9) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using www.goShiningStar.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using www.goShiningStar.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
