StarTiger Subscriber Agreement

The Web Site located at http://www.startiger.com ("Site") is provided by MicroTide GmbH ("MicroTide"), and contains information which may be of interest to autograph collectors, fans and third parties. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "MicroTide","StarTiger", "we", "us" or "our" refers to MicroTide, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.

TABLE OF CONTENTS

1. Access and Passwords
2. Subscription Fees and Payments
3. Privacy
4. User Conduct
5. Copyright; Limitations on Use
6. Accuracy and Availability of Information
7. Submissions
8. Links to Third Party Sites
9. Representations and Warranties
10. Disclaimer of Warranties
11. Limitation of Damages
12. Limitation of Liability; Exclusive Remedy
13. Indemnity
14. Consent to Electronic Notices and Other Communications
15. Print a Copy for Your Records
16. Termination
17. Assignment
18. Applicable Law and Disputes
19. Amendments
20. Entire Agreement; Severability; No Waiver
21. General


1. Access and Passwords

As part of the subscription process for this Site, you have selected or been assigned a particular password and StarTiger Username in accordance with StarTiger's password and StarTiger's username guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR PASSWORD OR STARTIGER USERNAME, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR PASSWORD OR STARTIGER USERNAME. You agree that all actions taken by you, or any other user that accesses the Site using your StarTiger Username, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your password or StarTiger Username. If you lose your password, please visit Forgot Your Password? to obtain a new password.

2. Subscription Fees and Payments

You can always find the current Subscription Fees posted at https://www.startiger.com/newuser.php. Your subscription will continue and renew automatically, unless terminated by StarTiger or until you notify StarTiger by e-mail or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card or other agreed payment method designated during the registration process for the Site or subsequently designated by you to StarTiger, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your StarTiger Username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. ALL FEES AND CHARGES ARE NONREFUNDABLE. StarTiger may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your StarTiger Username and password will be billed to the credit card or other agreed payment method designated during the registration process for the Site or subsequently designated by you to StarTiger. If you want to designate a different credit card or different payment method or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your StarTiger Username and password without your authorization, you must e-mail the StarTiger Help Desk at billing@startiger.com. You also are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third party service. YOU, AND NOT STARTIGER, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR OTHER AGREED PAYMENT METHOD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

3. Privacy

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at http://www.startiger.com/privacy.php.

4. User Conduct

The Site may contain bulletin board services, news groups, forums and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of StarTiger nor its affiliates, nor any of their officers, directors, employees, or agents. You acknowledge that StarTiger does not pre-screen all content, but that StarTiger and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Communication Services. Without limiting the foregoing, StarTiger and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that StarTiger is not responsible for any content sent using and/or included in the Site by any third party.

5. Copyright; Limitations on Use

Please read our Copyright and License information, which governs the material on this Site (including materials posted by subscribers) and prohibits the republishing, filtering, altering, framing, or linking of this Site or any StarTiger content (including graphics available on the Site) without express permission from StarTiger. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

The following activities are prohibited. You agree not to:

Use web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. StarTiger can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://www.robotstxt.org). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check StarTiger links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.

Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;

Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;

Use any e-mail addresses appearing on the Site for purposes not relating specifically to the Site;

Access the Site by any means other than through the interface that is provided by StarTiger, or attempt to access any area of the Site to which your access is not authorized; or

Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. Accuracy and Availability of Information

The Site contains a database of celebrity related information and other content regarding stars and information for autograph collectors, fans and third parties compiled by StarTiger. While we use commercially reasonable efforts to provide accurate information, StarTiger gives no warranty as to the accuracy of the database and other content on the Site. StarTiger reserves the right to withdraw or delete information or content from the Site at any time.

7. Submissions

You may submit reviews, comments, and other content suggestions, ideas, comments, questions, or other information to the Site ("Submissions"), so long as the Submissions comply with the restrictions in this Agreement. StarTiger does not pay or provide consideration for Submissions. All Submissions regarding improvement of or changes to the Site ("Site Submissions") are StarTiger's property and you hereby assign all rights, title and interest in and to the same to StarTiger.

With respect to all Submissions other than Site Submissions ("Content Submissions"), you grant StarTiger and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content Submissions throughout the world in any media. You grant StarTiger and its affiliates the right to use the name that you submit in connection with such Content Submissions, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post; that the content is accurate; that use of the Submissions you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify StarTiger or its affiliates for all claims resulting from Submissions you supply. StarTiger takes no responsibility and assumes no liability for any Submissions posted by you or any third party. No Submissions are subject to any obligation of confidentiality or limited use by StarTiger and StarTiger has no obligation to you for any use or disclosure of Submissions.

8. Links to Third Party Sites

StarTiger does not endorse the content on any third-party Web site, including Web sites of StarTiger's affiliates ("Third-Party Sites"). StarTiger is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party Site will be between you and the party providing that Web site. This means that StarTiger is not your agent and is not a party to any transaction at a Third-Party Site.

9. Representations and Warranties

You represent and warrant to StarTiger that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your password and StarTiger Username even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

10. Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY STARTIGER AND ITS AFFILIATES TO YOU ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT WARRANTIES OF ANY KIND, AND STARTIGER AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STARTIGER DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OR CURRENCY OF ANY CONTENT FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH GERMAN, UNITED STATES FEDERAL OR STATE LAWS OR LAWS OF ANY OTHER COUNTRY WHERE SUBSCRIBER IS USING THE SITE (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

11. Limitation of Damages

IN NO EVENT WILL STARTIGER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF STARTIGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL STARTIGER OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY STARTIGER FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

13. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of StarTiger.

14. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in a "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.

15. Print a Copy for your Records

You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

16. Termination

StarTiger may terminate your subscription and access, or suspend access to all or part of the Site, without notice, for any conduct that StarTiger, in its sole discretion, believes is in violation of this Agreement, any applicable law, or is harmful to the interests of another user, service provider, or StarTiger. StarTiger may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Sections 3, 5-7, 9-14, and 18-21 will survive any termination or expiration of this Agreement.

17. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of StarTiger in a non-electronic record, and any assignment without StarTiger's consent will be voidable at StarTiger's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

18. Applicable Law and Disputes

This Agreement is governed by the laws of Germany, without regard to principles of conflict of laws. Any dispute relating in any way to the Site shall be submitted to confidential arbitration in Trier, Germany, except that, to the extent you have in any manner violated or threatened to violate StarTiger and/or its affiliates' intellectual property rights, StarTiger and/or its affiliates may seek injunctive or other appropriate relief in any court of Germany, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing german arbitration rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any action or suit to enforce any right or remedy in connection with this Agreement, or to interpret any provision of it, the substantially prevailing party will be entitled to recover its costs, including reasonable attorneys' fees and costs, whether on appeal, bankruptcy or any other legal proceeding.

19. Amendments


20. Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by StarTiger or you except in a signed, non-electronic writing signed by an authorized representative of StarTiger.

21. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and StarTiger or its affiliates as a result of this Agreement or your use of the Site.