Terms and Conditions
1. The Foreword.
1.1 The following document outlines the terms and conditions (hereafter referred to as the “Terms”) governing the utilization of the website located at https://fbstarry.com/ (hereafter referred to as the “Website”). The Website will be hereafter referred to as the “Resources”. By accessing or utilizing the Resources, you are agreeing to abide by these Terms. If you do not consent to these Terms, you are not permitted to use the Resources. Should you have any inquiries regarding these Terms or need to contact us for any other matters, you may do so by either sending a letter to our registered address or by sending an email to hello@fbstarry.com (including requests directed to the Technical Support Team).
2. Eligibility.
2.1 If you are registering as an individual, you must be 18 (eighteen) years of age or of the age that according to the state law of the Republic of Kazakhstan, allows you to assume responsibility for obligations emerging from contractual relations and have full capacity to take legal actions. If you are accepting these Terms on behalf of any company, institution, organisation, or any other business or government (hereinafter “your entity”), you represent that you have the full legal capacity to represent your entity.
3. Your Account.
3.1 To utilize the Services, it is necessary for you to establish an Account. You hereby agree to furnish us with comprehensive and precise data during the registration process and to keep such information updated and correct for the duration of your usage of the Account. You are accountable for safeguarding the confidentiality of your Account login credentials and for any activities or actions carried out under your Account. It is incumbent upon you to inform the Company promptly of any security breaches or unapproved usage of your Account. The Company will not be held accountable for any loss or harm arising from your failure to adhere to this obligation or any other unauthorized utilization of your Account.
4. Your content
4.1 The functionality of the Services provides you with a possibility to upload content, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (hereinafter “Your Content”) and to publish Your Content through the Services in your social media account(s). You retain any copyright and other proprietary rights that you may hold in Your Content that you post via the Services, but you grant the Company a worldwide, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, voice, or information provided in connection with Your Content for the purposes of the provision the Services to you.
5. Intellectual property
5.1 As per the provisions outlined in these Terms, the Company hereby grants you a non-exclusive, limited, non-transferable, and freely revocable license to utilize the Resources solely for your internal purposes. The Company exclusively owns, controls, or has licensed for use all visual interfaces, texts, images, animations, visuals, computer code, music, trademarks, ideas, design, expressions, patents, and other materials accessible on the Resources (hereafter referred to as the “Company’s Content”). The Company reserves all rights that are not explicitly granted herein or in the Resources or the Company’s Content.
5.2 Except as authorized by the Resources or otherwise permitted in writing by the Company, your license does not entitle you to:
• License, sell, transfer, assign, distribute, host, or commercially exploit the Resources;
• Download, copy, broadcast, distribute, or make the Resources or the Company’s Content available to others;
• Modify, create derivative works of, disassemble, decompile, or reverse engineer any aspect of the Resources or the Company’s Content;
• Use the Resources or the Company’s Content for the purpose of building a similar or competing website, product, or service.
6. Conditions of use.
6.1 You agree that you will only use the Services in strict compliance with applicable law and these Terms.
6.2 The following actions, activities, and use will be considered as a violation of these Terms:
a. Use of the Resources in a manner which is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
b. Use of the Resources in a manner which is fraudulent, criminal or unlawful;
c. Use of the Resources in a manner which is inaccurate or out-of-date;
d. Use of the Resources in a manner which is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e. Use of the Resources in a manner which may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of the Company or any third party;
f. Use of the Resources in a manner which is contrary to the interests of the Company;
g. Use of the Resources in a manner which consists in impersonation of any other person or body or misrepresents the relationships with any person or body;
h. Posting any materials which contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
i. The exploitation of errors and bugs in the Resources to gain access that would otherwise not be available;
j. Use of the Resources in a manner which is contrary to any specific rule or requirement which we stipulate on the Resources in relation to a particular part of the Resources or the Resources generally;
k. Use of the Resources in a manner which involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines which are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
l. Any attempt to interfere with the functioning of the Resources.
7. Consumer dispute resolution and ODR platform.
7.1 You can always contact us with any issue concerning the provision to you the Services, including complaints. Nevertheless, if you deem that your rights under applicable consumer protection rights law are violated, you can follow the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ and find a solution to your problem.
8. Limitation of liability.
8.1 The Company, its owners, suppliers, or any of their respective owners, directors, employees, contractors, and/or agents shall not be held liable to you or any third party for any direct, indirect, special, exemplary, punitive, or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from:
a. Your use of or access to the Resources, or any Company Content, products, or services distributed on or provided through the Resources; b. Any failure or interruption of the Resources, whether arising out of errors, omissions, loss of data, defects, viruses, interruptions, or delays in operations or transmission, or any other cause, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company or its suppliers have been expressly advised of the possibility of such damages.
8.2 Regardless, and without prejudice to the above, the Company’s total maximum aggregate liability under these Terms to you shall not exceed the amount of your latest payment for the Subscription.
8.3 The Company shall not be held liable for the performance of social media on which you make your posts via the Services.
9. Disclaimer.
9.1 THE RESOURCES ARE PROVIDED ON AN “AS IS” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES CONTAINED IN THE RESOURCES WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESOURCES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESOURCES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE COMPANY`S CONTENT IN THIS RESOURCES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Indemnification.
10.1 Except to the extent prohibited by law, you shall assume the responsibility to defend, indemnify, and hold the Company, its employees, agents, directors, officers, subcontractors, licensors, and suppliers, as well as any affiliated entities and any successors, assigns, and licensees, harmless, including costs and attorneys’ fees, from any claim or demand arising directly or indirectly from, or relating to:
a. Your use of the Services;
b. Your violation of these Terms, whether by you or anyone using your computer, electronic device, or Your Account;
c. Any claim, loss, or damage resulting from your use of the Services;
d. Your violation of any law, statute, or regulation while using the Services;
e. Any other matter for which you are responsible under these Terms or applicable law.
11. Termination.
11.1 You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of the Services. We may suspend or terminate your Account and your access to the Services in case if you violate these Terms.
12. Changes to the Terms.
12.1 The Company may change, amend, modify, or correct these Terms for any reason. In case of any changes, amendments, modifications, or corrections, the Company will post the revised Terms on the Website, change the date of the last revision of the Terms, and if you have an Account on the Website, you will be notified about the revised version of the Terms. Your continued use of the Resources after the revised Terms have entered into force shall be considered as a fact that you have read, understood and agree to be bound by the revised Terms.
12.2 Notwithstanding clause 14.1, if you have an active Subscription and the revised Terms are unacceptable to you, you may notify us within 30 days after being informed of the changes that you do not agree with the changes. If you do so, we will delay applying the changes to you until your Subscription terminates.
13. Governing law.
13.1 While the Website can be accessed from different locations, accessing the Website implies that you agree that these Terms shall be regulated and interpreted in accordance with the laws of the Republic of Kazakhstan, without applying its conflicts of law principles. You additionally approve of personal jurisdiction in the Republic of Kazakhstan for any dispute arising from the use of this Website.