TERMS OF USE:
thestarwalkers.com
Welcome to the
Star Walkers Web site (the "Star Walkers Site" or the
"Site"). The Star Walker Site includes kenjukai.com, gkholland.com, skywalkerbook.com
or any successor pages thereto, and other Web sites owned or operated by Star
Walkers Online, a division of Star Walker Entertainment and/or Intercept
Prods. ("Intercept" or
"we", "us" or "our"). PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE STARWALKERS SITE. USE
OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.
1. Agreement
to Terms. By using this Site, you signify that you agree to these Terms
of Use. In addition, when using particular services available on this Site,
you will be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time (the "Guidelines"),
including without limitation to our Privacy Policy. All such Guidelines are
hereby incorporated by reference into the Terms of Use. If you do not agree
to the Terms of Use or any of the Guidelines, please do not use the Site. We
reserve the right, at our discretion, to change, modify, add, or remove
portions of the Terms of Use or the Guidelines at any time. Please check
these Terms of Use and the Guidelines periodically for changes. Your
continued use of the Site after the posting of changes will mean you agree to
abide by those changes. Please note that additional and/or different terms of
use may apply to services provided through one or more business associates of
G. K. Holland, and you should refer to those before using such services.
2. Ownership.
This Site is owned and operated by Star Walkers Online/G. K. Holland. The
contents of this Site are protected by
The sale,
auction, lease, loan, gift, trade or barter, or use of any of the text,
graphics, photographs, audio and/or video material or stills from audiovisual
material or any other materials contained herein, for any other purpose, in
any form, media or technology now known or hereafter developed, including the
use of any of the aforementioned materials on any other Web site or networked
computer environment, without a prior written consent from G. K. Holland, is
expressly prohibited.
The creation
of derivative works based on the materials contained herein including, but
not limited to, products, services, fonts, icons, link buttons, wallpaper,
desktop themes, on-line postcards and greeting cards and unlicensed merchandise
(whether sold, bartered or given away) is expressly prohibited. You may
download one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright and
other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of G. K. Holland’s copyright
and other proprietary rights. As a condition of your use of the Site, you
will not use the Site for any purpose that is unlawful or prohibited by these
Terms of Use. 3. Subscriptions and Billing.
You may not
use the Site in any manner that could damage, disable, overburden, or impair
any Site or interfere with any other party's use and enjoyment of any Site.
You may not attempt to gain unauthorized access to any Site, other accounts,
computer systems or networks connected to any Site, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
through the Site.
a. Some
services offered on the Star Walker Site are subscription-based services
("Subscription Services"). All references to the Site, and all
terms and conditions applicable thereto, include reference to the
Subscription Services. If you open a subscription-based account with any of
our Sites, you hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at the time the
fee or charge becomes payable. We do reserve the right to change the amount
of, or basis for determining, any fees or charges for services we provide,
and to institute new fees, charges, or terms effective upon prior notice to
customers. Any changes to fees will apply on a prospective basis. If you do
not agree to any such changes to fees, charges, or terms, your sole remedy
will be to terminate your subscription. You will receive notice of any fee
change at least 30 days before the scheduled date of the transaction and
failure to cancel your account as set forth below will constitute acceptance
of such a fee change. You are solely responsible for and must provide all
telephone and other equipment necessary to access the Service including
without limitation to Internet access software, modems and connectivity. We
reserve the right to terminate any account at any time for any reason.
b. You must
have a valid credit card in order to sign up for Subscription Services. The
person who initially registers for the Subscription Service will be referred
to as the "Master Account". The Master Account is allowed to
establish one or more subaccounts for friends or immediate family members who
are at least 18 years of age (each a "Subaccount"), pursuant to the
registration procedures for the Subscription Service, to permit such other
members to access the Service. The Master Account, along with each person
with a friend or family member Subaccount, is considered a member of the
Subscription Service. The Master Account is responsible for ensuring that
each person using a Subaccount is aware of and complies with this Terms of
Use. The Master Account is liable for all activities conducted through the
Master Account and through all Subaccounts. The Master Account and
Subaccounts may not be transferred to or used by any parties other than the
registered members (friend(s) or family). The Master Account must be 18 years
of age or older. By signing up for Subscription Services and accepting these
Terms of Use, the Master Account represents that he or she is at least 18
years of age and is able to form a legally binding contract under applicable
law. Please note that Star Walker Entertainment is expressly relying on the Master Account’s
representation that he or she is at least 18 years of age; Star Walker
Entertainment would not enter this agreement for Subscription Services but
for the representation that the Master Account is at least 18 years of age.
c. Billing,
account maintenance, account customer service, and other support functions
for Subscription Services are provided by a third-party billing service
provider (the "Billing Service Company") and not by Star Walker
Entertainment or G. K. Holland. By signing up for Subscription Services, you
agree to be bound by the terms and conditions imposed by the Billing Service
Company, including its privacy policy, in addition to these Terms of Use. The
Billing Service Company will be identified on the sign-up page for
Subscription Services. G. K. Holland and/or Star Walker Entertainment reserves the right to change the Billing Service Companies
upon written notice to you.
d. The Master
Account represents, warrants and covenants that (i) the credit card or other
payment method ("Payment Method") provided is valid and the Master
Account is authorized to use such Payment Method; (ii) Star Walker
Entertainment or the Billing Service Company is authorized and may charge
such Payment Method as set forth in the payment terms section below,
including without limitation for automatic membership renewals and all
additional charges that may be incurred; (iii) the Master Account and all
Subaccount members will at all times comply with this Terms of Use; and (iv)
all registration data and other information submitted is complete, true,
accurate and up-to-date, and the Master Account will update all registration
data and other information submitted as necessary to keep it current.
However, any
fraudulent, abusive or otherwise illegal activity will be grounds for
immediate termination of the Master Account and any Subaccounts is Star
Walker Entertainment’s sole discretion and may be reported to appropriate law
enforcement agencies. The Master Account will indemnify and hold Star Walker Entertainment , G. K. Holland and the Billing Service
harmless from any claims, losses, damages, liabilities arising out of any
breach of the foregoing representations, warranties and covenants.
e. As part of
the registration process, the Master Account and each person with a
Subaccount will select a password and member name ("Member
Name"). Star Walker Entertainment
reserves the right to cancel any Member Name if in Star Walker Entertainment
or G. K. Holland’s sole discretion the name is objectionable or offensive in
any way or uses the intellectual property rights of any other person, or is
used or capable of use for impersonating another person. You are responsible
for maintaining the confidentiality of your password. You may not share your
username and password with anyone. Each user of Subscription Services must
have their own personal account. Unauthorized provision of access to
Subscription Services or any content provided as part of the Subscription
Service is a violation of Star Walker Entertainment’s rights and will result in the termination
of your account and possible legal action. If you have reason to believe that
your account is no longer secure (for example, theft or unauthorized
disclosure or use of your ID, or in the event of a loss, password, or any
credit, debit or charge card number), you will immediately notify the Billing
Service Company of the problem to avoid possible liability for any
unauthorized charges to your account.
Fees paid for
any subscription term are paid in advance and are not refundable in whole or
in part. If you have a balance due on any Star Walker website account, you
agree that Star Walker Entertainment can charge these unpaid fees to the Payment Method that
you have provided.
g. Please Note:
Your Subscription will be automatically renewed and your credit card account
(or other Payment Method account) will be charged as follows without further
authorization from you:
h. You will
not be entitled to a refund during service outages that are caused by our
maintenance on the servers or the technology that underlies the Subscription
Service, failures of our service providers (including telecommunications,
hosting and power providers), natural disasters, an act of God, computer
viruses, war, or other destruction or damage of our facilities, civil
disturbance or other cause beyond our control.
(i) Every
month for monthly subscriptions.
(ii) Such
other periodic rate you have selected from among the options offered by Star
Walker Entertainment.
(iii) Upon
every one (1) year anniversary for annual subscriptions.
(iv) The
renewal fee shall be equal to the original signup price, unless otherwise
notified in advance of the renewal date that the price will be different. For
annual subscriptions, you will have thirty (30) days after the date that any
renewal fee is posted to your Payment Method account to give notice that you
want to cancel your subscription, and the subscription will be cancelled upon
receipt of such notification and a credit will be posted to your Payment
Method account equal to the latest renewal fee charged. For monthly accounts
or other accounts with a periodic subscription cycle of less than one year,
there are no refunds for cancellations.
For monthly
subscriptions, you must notify the Billing Service Company at least 15 days
prior to the first day of the next calendar month to avoid being charged the
renewal fee for such month. For all other subscriptions, you must notify the
Billing Service Company at least 15 days prior to the first day of the next
subscription period to avoid being charged the renewal fee for such
subscription period.
(v)
Authorization to charge your Payment Method account will remain in effect
until you notify the Billing Service Company (in writing upon request) of
termination of this authorization or of a change to your selected Payment
Method; provided, that such notice will not affect charges submitted before
the Billing Service Company could reasonably act. Your non-termination or
continued use reaffirms that authorization to charge your Payment Method. You
are required to keep your billing account information current, complete and
accurate (such as a change in billing address, credit card number or
expiration date) and notify the Billing Service Company if your Payment
Method is cancelled (e.g., for loss or theft). If you fail to provide the
foregoing information, you agree that you will continue to be charged for any
product or services on your account unless you have terminated your
subscription. Your charges may be payable in advance, in arrears, per usage,
or as otherwise described when you ordered the applicable product or service.
You agree that charges may be accumulated as incurred and may be submitted as
one or more aggregate charges during or at the end of the applicable billing
cycle.
(vi) We may
occasionally offer promotional trial subscriptions at special discounted
prices. If you sign up for a trial subscription, your subscription will be
either (1) automatically renewed at the normal subscription rate in effect at
the end of the trial period, unless you cancel before the end of the trial
period; or (2) or terminated, unless you successfully sign-up for a paid
subscription, depending on the terms of your trial subscription.
(vii) We may
occasionally offer promotional subscriptions to the Service that include an annual subscription to both the Service and to
the Star Walker Online Magazine (a "Combined Subscription"), the publisher
is TBA. If you sign up for a Combined Subscription, your subscription to both
the Service and the Star Walker Online Magazine (The Art & Business of
Science & Spirit) will be automatically renewed annually at the normal
rates for Combined Subscriptions in effect at the time of the renewal.
i. You agree
to make payment using the selected Payment Method. You agree that the Billing
Service Company has the right to correct any errors or mistakes in your
billing even if its has already requested or received payment, including
without limitation billing you for any applicable taxes regardless whether
such amounts were previously itemized on your bill.. Your right to use the Subscription Service
is subject to any financial limits that may be established from time to time
by Star Walker Entertainment, the Billing Service Company, or by your credit
card issuer, financial institution or other provider of your chosen payment
method ("Payment Method Provider"). If payment cannot be charged to
your Payment Method or your charge is returned for any reason, including without
limitation chargeback, Star Walker Entertainment and/or the Billing Service
Company reserve the right to either suspend or terminate your access and
account without notice, thereby terminating this agreement and all
obligations of Star Walker Entertainment hereunder. If payment is not
received from your Payment Method Provider, you agree to pay all amounts due
on your account on demand. You agree to pay late charges that may be assessed
on amounts due but not timely paid, which will be 1% per month on the total
amount due but not paid, or if less the maximum rate permitted by law. You
agree to pay collection costs for any delinquent amounts including reasonable
attorneys’ fees and costs.
4. Forums and
Blogs
a. Star Walker Entertainment assumes no responsibility for actively
monitoring Forums for inappropriate Messages. If at any time Star Walker
Entertainment chooses, in its sole discretion, to monitor the Forums, Star
Walker Entertainment nonetheless assumes no responsibility for the content of
the Messages, no obligation to modify or remove any inappropriate Messages,
and no responsibility for the conduct of the user submitting any Message. In
submitting Messages to Forums, you agree to strictly limit yourself to
discussions about the subject matter for which the Forums are intended. You
agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's
personal use and not to restrict or inhibit the use of the Site by any other
person. You also agree that Star Walker Entertainment accepts no liability
whatsoever if it determines to prevent your Messages from being submitted or
if it edits, restricts or removes your Messages.
b. You are
welcome to post, transmit or submit messages (collectively
"Messages") to bulletin boards, chat rooms, or other public areas within, or in
connection with, this Site (collectively "Forums"). Star Walker
Entertainment accepts no responsibility whatsoever in connection with or
arising from such Messages. Star
c. Anyone
under the age of 18 (children or minors) are not authorized to post messages
or participate in Forums on this Site.
d. You agree
that any Message whatsoever submitted by you becomes the property of Star
Walker Entertainment and may be used, copied, sublicensed, adapted,
transmitted, distributed, publicly performed and published, displayed or
deleted as Star Walker Entertainment sees fit.
5. Links.
This Site includes links to other Internet sites solely as a convenience to
users. Star
7. Communications. You agree that your activities
on the Site (including without limitation submission of any Messages to
Forums) will not:
a. constitute (or encourages conduct that would
constitute) a criminal offense, gives rise to civil liability or otherwise
violates any local, state, national or international law or may create
liability for G. K. Holland and Star Walker Entertainment or cause Star
Walker Entertainment and G. K. Holland to lose (in whole or in part) the
services of our ISPs or other suppliers;
b. impersonate or claim the identity, characteristics or
qualifications of any other person or entity; or falsely state or otherwise
misrepresent your affiliation with a person or entity or are false,
inaccurate or misleading;
c. transmit content Star Walker Entertainment considers to
be disruptive, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, pornographic, sexually explicit, hateful,
racially, ethnically or otherwise objectionable;
d. infringe G. K. Holland or any third party's copyright,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy (and by submitting Messages to Forums, you represent to G. K. Holland
and Star Walker Entertainment that you are the rightful owner of such
material or that you have first obtained permission to submit the material
from the rightful owner);
e. contain any virus or other harmful component or
otherwise disrupt the normal flow of communication in or operation of the
Forums in any way; or
f. unless specifically authorized by us, are for commercial
purposes or contain advertising or are intended to solicit a person to buy or
sell services or to make donations, including "spam" or any other
form of solicitation or promotion, or link to, directly or indirectly, any
sites that violate the restrictions set forth in this Section 7;
g. are libelous, or an invasion of privacy or publicity rights or
any other third party rights.
8. Disclaimer of Warranties. THE MATERIALS IN THIS
SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, G. K. HOLLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. G. K. HOLLAND DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. G. K. HOLLAND DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT G. K.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STAR WALKER ENTERTAINMENT
AND G. K. HOLLAND BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE
INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH G.
K. HOLLAND & STAR WALKER ENTERTAINMENT, EVEN IF G. K. HOLLAND AND STAR
WALKER ENTERTAINMENT OR A G. K. HOLLAND OR STAR WALKER ENTERTAINMENT AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL STAR WALKER ENTERTAINMENT & G. K.
HOLLAND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR
CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
10. Termination. You agree that Star Walker Entertainment in its sole
discretion, may terminate any account (or any part thereof) you may have with
us or use of the Site and remove and discard all or any part of your account
or any Submissions, for any reason whatsoever in Star Walker Entertainment’s
sole discretion. Star
11. Miscellaneous. The failure of Star Walker
Entertainment to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision. These terms
shall be governed by and construed in accordance with the laws of the State
of
12. International Matters. Unless otherwise
specified, the materials in the Site are presented solely for the purpose of
promoting Star Walker promotional films, project activities, Star Walker
book, mobile game, online game, video game, TV, Live Stage Show and movie
series, related programs, Star Walker Products and other products available
in the United States and its territories, possessions, and protectorates.
This
13. Disclosures. The services hereunder are offered
by Star Walker Entertainment & Star Walkers Online, located at