Terms of Use
Last Modified: November 22, 2022
Welcome to Go Stellar, a network built for you, powered by you. Please read these terms of use very carefully as they constitute a binding agreement between You and Go Stellar Corporation.
1. Acceptance of the Terms of Use.
These terms of use are entered into by and between You and Go Stellar Corporation ("Go Stellar," "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use"), govern your access to and use of www.gostellar.it, including any content, functionality, and services offered on or through www.gostellar.it (the "Website").
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.gostellar.it/privacy, incorporated herein by reference. By clicking on the “I Accept” or “Sign Up” button, complete the registration process, and/or browsing the website or downloading Go Stellar’s mobile application (the “Application”), you are entering into a binding contract and you warrant and represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with Go Stellar, and (3) you have the authority to enter into the Terms of Use personally or on behalf of company you have named as the user, and to bind that company to these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Our Services.
Go Stellar is a marketplace where registered users can sell (“Sellers”) non-refundable, non-cancellable travel and hospitality reservations (“Reservations”) to other registered users (“Buyers”). The Seller sets the price of the Reservations, not Go Stellar (unless Go Stellar is acting as the Seller of the Reservations). Go Stellar is a marketplace designed to connect Sellers and Buyers. As such, the Reservations cost may exceed the face value of the Reservations itself. Go Stellar makes no guarantee relating to the existence, quality, safety, or legality of the Reservations; the ability of Sellers to sell their Reservations or the ability of Buyers to pay for them; the accuracy of the Seller’s listing; or that any type of transaction will be completed between a Seller and a Buyer.
Further, unless otherwise stated by Go Stellar, the display of any Reservations on our Website is not an endorsement of any Reservations or Seller, in no way does it suggest such, and is not a sponsorship or affiliation between Go Stellar and the Seller.
3. Reservations.
Sellers set the price/value of the Reservations (the “Reservations Price”). Reservations prices may exceed the face value of the Reservations. Unless otherwise noted on the Reservations, on the listing itself, or confirmation page or e-mail, Reservations may be transferable, even if another person’s name appears on it.
Selling Reservations.
If you are Selling Reservations, you are subject to our Terms for Sellers which can be found here.
When listing Reservations, you must set a price for which you are willing to sell your Reservations (“Sale Price”). You are able to modify (i.e., raise or lower the Sale Price) or delete the listing at any time until the Reservations have sold.
By listing a Reservations for sale, you are making a binding offer to sell those Reservations to a Buyer who purchases the Reservations at the Sale Price. Once a Buyer purchases the Reservations you are contractually bound to deliver the exact Reservations to the Buyer in exchange for the bargained Sale Price. You are obligated to ensure that all listed Reservations are accurate. At no time and under no circumstances are Sellers able to cancel an order and then repost the same order for a higher price. Any failure to fulfil an order results in a violation of these Terms of Use and subjects you to discipline from Go Stellar, which could result in the suspension or permanent removal of your account.
We do not guarantee that your Reservations will sell, nor that the listing will appear on the Website within a certain time frame after it is posted. We will never compensate you for Reservations that do not sell even if it is the result of a Website outage or maintenance.
Buying Reservations.
Buyers are the sole responsible party for completing their transaction in purchasing Reservations, which includes paying all applicable fees. Buy committing to purchase Reservations, you are entering into a binding contract with the Seller to purchase the applicable Reservations. All sales are final, as Reservations are generally non-refundable and non-cancellable. You take all responsibility for using the Reservations and Go Stellar is in no way, shape, or form responsible for your failure to attend. You alone are responsible. You cannot cancel or change Reservations once the sale is complete.
· You further agree to supply Seller and Go Stellar with the appropriate and necessary information for the delivery of Reservations, whether that be e-mail address or physical address.
· You may not use “bot” technology to purchase Reservations. This specifically means you cannot use automated purchasing software on the Site, as this violates these Terms of Use. You may not attempt to conceal your identity by using multiple Internet Protocol addresses (“IP Addresses”), email addresses, or other potential sources to conduct transactions on the Website.
4. Your Account.
In order to access and certain features of Go Stellar Corporation and its Website, you must be a registered user and have a user account (“Account”). In order to have an account, you must be at least 18 years old and be able to enter into legally binding contracts. If you are registering with Go Stellar as a business entity, you represent that you have the express authority to legally bind that entity into contracts.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Go Stellar.
When opening an Account, you must provide complete and accurate information. You must also provide Go Stellar with a valid credit card, debit card, or PayPal account (“Payment Method”). If your Payment Method or any personal information should change, you must promptly update your details in your Account. You acknowledge and agree that Go Stellar may charge any one of your Payment Methods on file for amounts you owe us. Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.
You are solely responsible for maintaining confidentiality of your Account Information and password as you are solely responsible for any activity relating to your Account. You may not transfer your Account to another party.
5. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
6. Fees, Purchase Terms, Promotions.
Services Fees.
Go Stellar may charge you fees for buying and/or selling Reservations through our Services. We may also charge fees for delivery and fulfillment (collectively, “Service Fees”) which is made available to you before buying and/or selling Reservations. We reserve the right to make changes to our Service Fees and our billing methods. Go Stellar may still retain fees even if you do not fulfil your obligations, which are set out in these terms and potentially in the Terms of Sale.
Taxes.
You as a Seller are responsible for determining whether any taxes are due on your sale of Reservations, and for collecting and remitting such taxes, except where Go Stellar is required by law to calculate, collect, and remit sales tax on those sales. Any applicable taxes must be included in the Sales Price of your Reservations. You agree to provide Go Stellar with your Social Security Number or other tax identification number if necessary for Go Stellar to provide (without notice to You) information to the relevant tax authorities related to payments you receive from us and further authorize Go Stellar to release that information to the relevant tax authorities. The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.
You agree to make all payments of fees to Go Stellar free and clear of, without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to GoStellar are your sole responsibility, and you will provide Go Stellar with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request.
Disputes.
You must notify us within seven (7) calendar days after receiving your credit card statement, if you wish to dispute any of our charges on that statement. If you do not, such dispute will be deemed waived. Billing disputes should be notified and sent to the following: info@gostellar.it.
Promotions.
GoStellar may offer promo codes, discount credits, or other types of credits ("Promotions"). In order to utilize the Promotion, you need to create an account and input your information. Promotions will expire on the date stated in the offer. If no expiration date is listed, Promotions will expire one year after the first day it can be utilized by you. Unless otherwise stated, a Promotion is for one-time use only. Thus, if the total price of the Reservations purchased is/are less than the monetary amount of the Promotion, the difference cannot be utilized in subsequent purchases. Additionally, a Promotion may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Go Stellar reserves the right to withdraw or deactivate any Promotion (other than one which has been purchased) for any reason, at any time.
7. Payments.
Payments from Buyers are due and payable immediately. A Buyer can only pay the full order amount, which includes any applicable Service Fees and taxes, by using one of the accepted Payment Methods. A Buyer’s obligation to pay for Reservations is satisfied when Go Stellar has received the payment in full.
8. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features such as our Instagram account, which can be found HERE, with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@gostellar.it.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
9. Trademarks
The Company name, the terms “Go Stellar”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
10. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
· Interfere or attempt to interfere with the proper functioning of Go Stellar or connect to or use Go Stellar any way not expressly permitted by the Terms;
· Systematically retrieve data or other content from Go Stellar to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
· Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Go Stellar or that is in transit from or to Go Stellar, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Go Stellar;
· Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or Go Stellar, whether through the use of a network analyzer, packet sniffer or other device;
· Make any automated use of Go Stellar, or take any action that imposes or may impose (in Go Stellar’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for Go Stellar;
· Bypass any robot exclusion headers or other measures Go Stellar takes to restrict access to Go Stellar, or use any software, technology or device to send content or messages, scrape, spider or crawl Go Stellar, or harvest or manipulate data;
· Use, facilitate, create, or maintain any unauthorized connection to Go Stellar, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Go Stellar; or (ii) any connection using programs, tools or software not expressly approved by Go Stellar;
· Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Go Stellar, or to obtain any information from Go Stellar; and
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
· Use any device, software, or routine that interferes with the proper working of the Website;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and
· Otherwise attempt to interfere with the proper working of the Website.
11. Term and Termination.
These Terms of Use shall commence on the date that you register for an Account with Go Stellar. It will continue for an indefinite period unless terminated in accordance with these provisions. You may terminate your Agreement with Go Stellar at any time by contracting customer service, at that time we will close your Account.
Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
12. Remedies.
If Go Stellar becomes aware of any possible violation by you of these Terms, we reserve the right to investigate such violations. If as a result of the investigation, we believe criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Go Stellar is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Go Stellar in Go Stellar’s possession in connection with your use of Go Stellar, to comply with applicable laws, legal process or governmental request; enforce the Terms, respond to your requests for customer service, or protect the rights, property or personal safety of Go Stellar, its Users or the public, and all enforcement or other government officials, as Go Stellar in its sole discretion believes to be necessary or appropriate.
Right to Cancel Transaction.
In certain circumstances, we may cancel Reservations transaction (whether a purchase, listing, and/or transfer) without notice and return the Reservations to our User or to the individual who held the Reservations prior to the completion of the transaction. Such circumstances include, but are not limited to, the following:
1. If the buyer’s payment method provider does not remit payment;
2. If we suspect, in our sole discretion, fraudulent or other illegal activity in connection with the Reservations transaction;
3. If we suspects, in our sole discretion, unauthorized or fraudulent use of a buyer, seller, and/or transferee’s account with us;
4. if a buyer, seller, and/or transferee breaches these Terms of Use;
5. if we deem, in our sole discretion, that the Reservations transaction violates the law;
6. if there is an error in the pricing of the Reservations offered for sale through our Service; and/or
7. if we or our client believes, in our sole discretion, that a buyer, seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with a Reservations transaction.
As part of the cancellation of any Reservations transaction, Go Stellar may remove any relevant sales proceeds from the resale Reservations seller’s we account, process a reversal of a prior funds transfer made to the seller or charge the payment method on file for such seller and/or cancel a pending Reservations transaction, whether for resale Reservations or primary Reservations.
Other Remedies.
In certain circumstances, we may, in addition to any applicable remedies listed above, (a) discontinue an individual’s registration with Go Stellar, including any of the Services; and/or (b) pursue any other action which we deem appropriate. Such circumstances include, but are not limited to, the following:
1. If we suspect, in our sole discretion, fraudulent or other illegal activity in connection with the Reservations transaction;
2. If we suspect, in our sole discretion, unauthorized or fraudulent use of a buyer, seller, and/or transferee’s account with us;
3. If a buyer, seller, and/or transferee breaches these Terms of Use;
4. If we deem, in our sole discretion, that the Reservations transaction violates the law; and/or
5. If we believe, in our sole discretion, that a buyer, seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with the Reservations transaction.
13. App Stores.
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Go Stellar and not with the App Store. Go Stellar, not the App Store, is solely responsible for Go Stellar Corporation, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Go Stellar, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Go Stellar, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
14. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
15. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
16. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
20. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
21. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
25. Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Go Stellar Corporation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
26. Your Comments and Concerns
This website is operated by Go Stellar Corporation.
All notices of copyright infringement claims should be sent to the copyright agent via email at info@gostellar.it.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@gostellar.it.