Terms
and Conditions for PrivacyStar™ -
Mobile Phone Billing Option
(Last
Modified: 11 June, 2010)
Terms
and Conditions
PrivacyStar
is a monthly subscription
service
When
you select the option to add
PrivacyStar to your mobile phone billing account, you agree to pay the
monthly
subscription fee of $2.99 per month which will be billed to you on your
mobile
phone bill each month. Upon downloading PrivacyStar application you
must agree
to the Terms and Conditions (“Terms and
Conditions”) before you can use
PrivacyStar. If you do not agree with these Terms and
Conditions in their
entirety, you will not be allowed to use PrivacyStar and you should
delete the
application from your device.
- After
you download PrivacyStar, you are provided a free trial use period
(normally 7 days from download date) that provides full functionality
of PrivacyStar. After your free trial period expires,
PrivacyStar will display a message on your device screen the next time
you use PrivacyStar indicating that your free trial period has
expired. PrivacyStar will offer you the option to subscribe
to PrivacyStar services. If your mobile phone provider offers
the service, you will be asked if you would prefer to add the monthly
subscription of $2.99 per month to your mobile phone bill.
There is no requirement for you to subscribe; however, if you do not
subscribe you will no longer be able to use PrivacyStar
services. Not all mobile phone providers offer the option of
billing PrivacyStar services through your individual mobile phone bill.
- If
you select yes, then you authorize PrivacyStar to send a text message
to your phone to confirm your choice. You will be asked to
respond YES
to confirm your decision or STOP
to cancel your decision. If you select no, then we will
present alternative methods to subscribe to PrivacyStar.
- If
you respond YES,
then PrivacyStar will notify your mobile phone carrier that you wish to
be billed $2.99 per month on your mobile phone bill. If you
do not respond to the text message you will not be billed and your
PrivacyStar services will no longer function. Billing will
start within 48 hours and be included on your next billing from your
mobile phone provider.
- At
any time, you may cancel your subscription by clicking on PrivacyStar
icon on your device, pressing the menu button and selecting the billing
information option. From that screen, you may select CANCEL
and we will immediately terminate your service and stop all future
billing to your mobile phone bill. You will not be able to
use the PrivacyStar service. You may also cancel by going to
http//privacystar.com and sending an email to support@privacystar.com
and we will immediately cancel your subscription. It may take
up to 48 hours for your request to be processed.
- Any
billing questions should be directed to support@privacystar.com
and we will respond within 48 hours.
- Any
support questions should be directed to support@privacystar.com
and we will respond within 48 hours.
Full
Terms and Conditions – ALL USERS
Ownership
of Site;
Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms
of Use”)
apply to the PrivacyStar™
website, including any associated services provided known as
PrivacyStar that may be downloaded to your mobile phone device, located
at
www.privacystar.com, and all associated sites linked to
www.privacystar.com by
First Orion Corp., its subsidiaries and affiliates, including
PrivacyStar™
sites around the world
(collectively, the “Site”).
The Site is the property of First Orion Corp. (“First
Orion”)
and its licensors. BY
USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE,
DO NOT
USE THE SITE.
First
Orion reserves
the right, at its sole discretion, to change, modify, add or remove
portions of
these Terms of Use, at any time. It is your responsibility to check
these Terms
of Use periodically for changes. Your continued use of
the Site
following the
posting of changes will mean that you accept and agree to the changes.
As long
as you comply with these Terms of Use, First Orion grants you a
personal,
non-exclusive, non-transferable, limited privilege to enter and use the
Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”),
including but not
limited to the design, structure, selection, coordination, expression, “look
and feel”
and arrangement of
such Content, contained on the Site is owned, controlled or licensed by
or to
First Orion, and is protected by trade dress, copyright, patent and
trademark
laws, and various other intellectual property rights and unfair
competition
laws.
Except
as expressly
provided in these Terms of Use, no part of the Site and no Content may
be
copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted or distributed in any way (including “mirroring”)
to any other
computer, server, Web site or other medium for publication or
distribution or
for any commercial enterprise, without First Orion’s
express prior written
consent.
You
may use information
on First Orion products and services (such as data sheets, knowledge
base
articles, and similar materials) purposely made available by First
Orion for
downloading from the Site, provided that you (1) not remove any
proprietary
notice language in all copies of such documents, (2) use such
information only
for your personal, non-commercial informational purpose and do not copy
or post
such information on any networked computer or broadcast it in any
media, (3)
make no modifications to any such information, and (4) not make any
additional
representations or warranties relating to such documents.
Your
Use of the Site
You may not use any “deep-link”,
“page-scrape”,
“robot”,
“spider”
or other automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to access, acquire, copy or
monitor
any portion of the Site or any Content, or in any way reproduce or
circumvent
the navigational structure or presentation of the Site or any Content,
to
obtain or attempt to obtain any materials, documents or information
through any
means not purposely made available through the Site. First Orion
reserves the
right to bar any such activity.
You
may not attempt to
gain unauthorized access to any portion or feature of the Site, or any
other
systems or networks connected to the Site or to any First Orion server,
or to
any of the services offered on or through the Site, by hacking,
password “mining”
or any other
illegitimate means.
You
may not probe, scan
or test the vulnerability of the Site or any network connected to the
Site, nor
breach the security or authentication measures on the Site or any
network
connected to the Site. You may not reverse look-up, trace or seek to
trace any
information on any other user of or visitor to the Site, or any other
customer
of First Orion, including any First Orion account not owned by you, to
its
source, or exploit the Site or any service or information made
available or
offered by or through the Site, in any way where the purpose is to
reveal any
information, including but not limited to personal identification or
information, other than your own information, as provided for by the
Site.
You
agree that you will
not take any action that imposes an unreasonable or disproportionately
large
load on the infrastructure of the Site or First Orion’s
systems or networks,
or any systems or networks connected to the Site or to First Orion.
You
agree not to use
any device, software or routine to interfere or attempt to interfere
with the
proper working of the Site or any transaction being conducted on the
Site, or
with any other person’s
use of the Site.
You
may not forge
headers or otherwise manipulate identifiers in order to disguise the
origin of
any message or transmittal you send to First Orion on or through the
Site or
any service offered on or through the Site. You may not pretend that
you are,
or that you represent, someone else, or impersonate any other
individual or
entity.
You
may not use the
Site or any Content for any purpose that is unlawful or prohibited by
these
Terms of Use, or to solicit the performance of any illegal activity or
other
activity which infringes the rights of First Orion or others.
Purchases;
Other Terms
and Conditions
Additional terms and conditions may apply to purchases of goods or
services and
to specific portions or features of the Site, including contests,
promotions or
other similar features, all of which terms are made a part of these
Terms of
Use by this reference. You agree to abide by such other terms and
conditions,
including where applicable representing that you are of sufficient
legal age to
use or participate in such service or feature. If there is a conflict
between
these Terms of Use and the terms posted for or applicable to a specific
portion
of the Site or for any service offered on or through the Site, the
terms posted
for or applicable to a specific portion of the Site or for any service
offered
on or through the Site shall control with respect to your use of that
portion
of the Site or the specific service.
First
Orion’s
obligations, if any,
with regard to its products and services are governed solely by the
agreements
pursuant to which they are provided, and nothing on this Site should be
construed to alter such agreements.
First
Orion may make
changes to any products or services offered on the Site, or to the
applicable
prices for any such products or services, at any time, without notice.
The
materials on the Site with respect to products and services may be out
of date,
and First Orion makes no commitment to update the materials on the Site
with
respect to such products and services.
The
terms and
conditions for First Orion products and services, including but not
limited to
PrivacyStar for BlackBerry Terms of Service Agreement, also govern and
apply to
your use of the Site, and they are incorporated herein by this
reference. Such
terms and conditions may be changed from time to time and are effective
immediately upon posting such changes on the Site.
Accounts,
Passwords and
Security
Certain features or services offered on or through the Site may require
you to
open an account (including setting up a First Orion ID and password).
You are
entirely responsible for maintaining the confidentiality of your
account
information, including your password, and for any and all activity that
occurs
under your account. You agree to notify First Orion immediately of any
unauthorized use of your account or password, or any other breach of
security.
However, you may be held liable for losses incurred by First Orion or
any other
user of or visitor to the Site due to someone else using your First
Orion ID,
password or account.
You
may not use anyone
else’s
First Orion ID,
password or account at any time without the express permission and
consent of
the holder of that First Orion ID, password or account. First Orion
cannot and
will not be liable for any loss or damage arising from your failure to
comply
with these obligations.
Privacy
First Orion’s
Privacy Policy
applies to use of this Site, and its terms are made a part of these
Terms of
Use by this reference. Additionally, by using the Site, you acknowledge
and agree
that Internet transmissions are never completely private or secure. You
understand that any message or information you send to the Site may be
read or
intercepted by others, even if there is a special notice that a
particular
transmission (for example, credit card information) is
encrypted. Any and all
information (including sensitive information, personal information, and
personally identifiable information) you enter into, post or otherwise
transmit
to the Site may be transmitted to or from the United States for
processing,
storage or other purposes.
Links
to Other Sites
and to the First Orion Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”).
These Linked Sites
are provided solely as a convenience to our visitors. Such Linked Sites
are not
under First Orion’s
control, and First Orion is not responsible for and does not
endorse the content of such Linked Sites, including any information or
materials contained on such Linked Sites. You will need to make your
own
independent judgment regarding your interaction with these Linked Sites.
Disclaimers
FIRST ORION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE
AND ITS CONTENT ARE DELIVERED ON AN “AS-IS”
AND “AS-AVAILABLE”
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. FIRST ORION CANNOT ENSURE THAT ANY FILES OR OTHER DATA
YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE
FEATURES. FIRST ORION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING
ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A
PARTICULAR PURPOSE. FIRST ORION DISCLAIMS ANY AND ALL LIABILITY FOR THE
ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO
YOUR USE OF THE SITE AND/OR ANY FIRST ORION SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY
AGAINST FIRST ORION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS
TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART
OF THE
BARGAIN BETWEEN THE PARTIES.
The
above disclaimer
applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure,
theft or
destruction of or unauthorized access to, alteration of, or use,
whether for
breach of contract, tort, negligence or any other cause of action.
First
Orion reserves
the right to do any of the following, at any time, without notice: (1)
to
modify, suspend or terminate operation of or access to the Site, or any
portion
of the Site, for any reason; (2) to modify or change the Site, or any
portion
of the Site, and any applicable policies or terms; and (3) to interrupt
the
operation of the Site, or any portion of the Site, as necessary to
perform routine
or non-routine maintenance, error correction, or other changes.
Limitation
of Liability
Except where prohibited by law, in no event will First Orion be liable
to you
for any indirect, consequential, exemplary, incidental or punitive
damages,
including lost profits, even if First Orion has been advised of the
possibility
of such damages.
If,
notwithstanding the
other provisions of these Terms of Use, First Orion is found to be
liable to
you for any damage or loss which arises out of or is in any way
connected with
your use of the Site or any Content, First Orion’s
liability shall in no event exceed the greater of (1) the total
of any subscription or similar fees with respect to any service or
feature of
or on the Site you paid First Orion for in the three months prior to
the date
of the initial claim made against First Orion (but not including the
purchase
price for any First Orion hardware or software products), or (2)
US$100.00.
Some jurisdictions do not allow limitations of liability, so the
foregoing limitation
may not apply to you.
Indemnity
You agree to indemnify and hold First Orion, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss,
liability, claims
or expenses (including attorneys’
fees), made against First Orion by any third party due to or
arising out of or in connection with your use of the Site.
Violation
of These
Terms of Use
First Orion may disclose any information we have about you (including
your
identity) if we determine that such disclosure is necessary in
connection with
any investigation or complaint regarding your use of the Site, or to
identify,
contact or bring legal action against someone who may be causing injury
to or
interference with (either intentionally or unintentionally) First Orion’s
rights or property,
or the rights or property of visitors to or users of the Site,
including First
Orion’s
customers. First
Orion reserves the right at all times to disclose any information that
First
Orion deems necessary to comply with any applicable law, regulation,
legal
process or governmental request. First Orion also may disclose your
information
when First Orion determines that applicable law requires or permits
such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You
acknowledge and
agree that First Orion may preserve any transmittal or communication by
you
with First Orion through the Site or any service offered on or through
the
Site, and may also disclose such data if required to do so by law or
First
Orion determines that such preservation or disclosure is reasonably
necessary
to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond
to claims that any such data violates the rights of others, or (4)
protect the
rights, property or personal safety of First Orion, its employees,
users of or
visitors to the Site, and the public.
You
agree that First
Orion may, in its sole discretion and without prior notice, terminate
your
access to the Site and/or block your future access to the Site if we
determine
that you have violated these Terms of Use or other agreements or
guidelines
which may be associated with your use of the Site. You also agree that
any violation
by you of these Terms of Use will constitute an unlawful and unfair
business
practice, and will cause irreparable harm to First Orion, for which
monetary
damages would be inadequate, and you consent to First Orion obtaining
any
injunctive or equitable relief that First Orion deems necessary or
appropriate
in such circumstances. These remedies are in addition to any other
remedies
First Orion may have at law or in equity.
You
agree that First
Orion may, in its sole discretion and without prior notice, terminate
your
access to the Site, for cause, which includes (but is not limited to)
(1)
requests by law enforcement or other government agencies, (2) a request
by you
(self-initiated account deletions), (3) discontinuance or material
modification
of the Site or any service offered on or through the Site, or (4)
unexpected
technical issues or problems.
If
First Orion does
take any legal action against you as a result of your violation of
these Terms
of Use, First Orion will be entitled to recover from you, and you agree
to pay,
all reasonable attorneys’
fees and costs of such action, in addition to any other relief
granted to First Orion. You agree that First Orion will not be liable
to you or
to any third party for any full or partial termination of your access
to the
Site.
Governing
Law; Dispute
Resolution
You agree that all matters relating to your access to or use of the
Site,
including all disputes, will be governed by the laws of the State of
Arkansas
USA without regard to its conflicts of laws provisions. You agree to
the
personal jurisdiction by and venue in the state and federal courts in
the State
of Arkansas USA and waive any objection to such jurisdiction or venue.
Any
claim under these Terms of Use must be brought within one (1) year
after the cause
of action arises, or such claim or cause of action is barred. No
recovery may
be sought or received for damages other than out-of-pocket expenses,
except
that the prevailing party will be entitled to costs and attorneys’
fees. In the event of
any controversy or dispute between First Orion and you arising out of
or in
connection with your use of the Site, the parties shall attempt,
promptly and
in good faith, to resolve any such dispute. If we are unable to resolve
any
such dispute within a reasonable time (not to exceed thirty (30) days),
then
either party may submit such controversy or dispute to mediation. If
the
dispute cannot be resolved through mediation, then the parties shall be
free to
pursue any right or remedy available to them under applicable law.
Void
Where Prohibited
First Orion administers and operates the www.privacystar.com Site from
its
location in Conway, Arkansas USA; other First Orion sites may be
administered
and operated from various locations outside the United States. Although
the
Site is accessible worldwide, not all features, products or services
discussed,
referenced, provided or offered through or on the Site are available to
all
persons or in all geographic locations, or appropriate or available for
use
outside the continental United States. First Orion reserves the right
to limit,
in its sole discretion, the provision and quantity of any feature,
product or
service to any person or geographic area. Any offer for any feature,
product or
service made on the Site is void where prohibited. If you choose to
access the
Site from outside the United States (i) you do so at your own
initiative and
you are solely responsible for complying with applicable national,
federal,
state, provincial or local laws; and (ii) you represent, warrant and
covenant
that you have obtained all consents necessary under applicable law from
individuals to transmit and disclose any and all information (including
personal information or personally identifiable information) you enter
into,
post or otherwise transmit to the Site for disclosure and use by First
Orion,
its affiliates, agents, assigns, licensors and/or contractors.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of
such Content, or any product or service offered on the Site, in
violation of
any applicable laws or regulations, including without limitation United
States
export laws and regulations.
If
any of the
provisions of these Terms of Use are held by a court or other tribunal
of
competent jurisdiction to be void or unenforceable, such provisions
shall be
limited or eliminated to the minimum extent necessary and replaced with
a valid
provision that best embodies the intent of these Terms of Use, so that
these
Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and First Orion with regard
to your
use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and First Orion with
respect to
such use are hereby superseded and cancelled. First Orion will not
accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. First Orion’s
failure to insist on or enforce strict performance of these
Terms of Use shall not be construed as a waiver by First Orion of any
provision
or any right it has to enforce these Terms of Use, nor shall any course
of
conduct between First Orion and you or any other party be deemed to
modify any
provision of these Terms of Use. These Terms of Use shall not be
interpreted or
construed to confer any rights or remedies on any third parties.
Feedback
and
Information
Any feedback you provide at this site shall be deemed to be
non-confidential.
First Orion shall be free to use such information on an unrestricted
basis.
Contact
and Violations
Please direct any notices or reports of violations of the Terms of Use
to our
legal team by sending us paper mail to:
First Orion, Corp.
Attention: Legal Team
1052 Harrison Street, Suite 6
Conway, AR 72032 U.S.A.
The
information
contained in this web site is subject to change without notice.
Copyright ©
20010 First Orion Corp. All rights reserved.
First Orion Corp., 1052 Harrison Street, Suite 6, Conway, Arkansas
72032, USA.
Updated
by the First
Orion Legal Team on 6/11/10