TERMS OF SERVICE
Little Star Video, Inc. (“Little Star”), transforms client-captured video and still images into custom, high-quality DVD montages for the personal use of its clients (collectively, the “Service”). The Service is sold through this website (located at www.littlestarvideo.com and derivative sites) (the "Site") or via telephone or electronic mail with agents of Little Star. By purchasing any of the Little Star Services by any means, you specifically and expressly agree to the terms set forth herein (“the Terms”) and agree to be bound by them. Please read the Terms carefully as they contain legal terms and conditions that you agree to when you use the Service. If you have questions about these Terms, please contact us at service@littlestarvideo.com. Your use of the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree to these Terms, please do not use the Service.
1. Operator: This Site is operated by Little Star Video, Inc., a company incorporated under the laws of the State of Florida whose principal business address is P.O. Box 1192 , Boynton Beach, FL, 33425 . Little Star is also referred to in these Terms as "we" and "us".
2. Purpose of the Service: Little Star transforms client-captured video and still images into custom, high-quality DVD montages for the personal use of its clients (collectively, the “Service”).
3. External Links: From time to time, Little Star may provide links that will take you to other, third party websites. These links are provided for your convenience and reference only and are not intended as a warranty of any type regarding that website or the information on that website. If you decide to access linked websites, you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Little Star is not liable for any loss or damage that you may suffer by using other websites or their products or services. Moreover, Little Star does not control such web sites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such web sites or the technology they implement. Little Star reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such website and confirm that they are acceptable to you before you register on or use that website. Because some websites employ automated search results or otherwise link users to websites that contain information that may be deemed inappropriate or offensive, Little Star cannot be held responsible for the accuracy, legality or decency of material contained on such websites.
4. Links to Our Site: You may provide a hypertext link to our Site on another website, provided that: (a) the link must be a text-only link, marked "Little Star Web site," (b) the link must "point" to the URL "http://www.littlestarvideo.com" and not to other pages, graphics or images within our Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Little Star and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than Little Star and its affiliates is associated with or sponsored by Little Star or its affiliates, (e) the link, when activated by a user, must display our Site on a full screen and not within a "frame" on the linking website, and (f) you do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. Little Star and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms of Service or providing notice to the operator of a website containing the link. You agree that all other hypertext links to our Site must be expressly approved in advance, in writing, by Little Star.
5. Conditions of Use: The Service is for personal use only and no admission fee is to be charged for viewing the DVD montage created for you. Use of the Service for commercial use or for broadcast or distribution to persons outside of a normal circle of a family and friends is expressly prohibited.
6. Monitoring : Little Star reserves the right, but not the obligation, to monitor areas of our Site electronically. Little Star further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Little Star's rights or property, or the rights of the other Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that Little Star is advised of the existence of defamatory, infringing or illegal content, Little Star may investigate such claims and determine in our sole discretion whether to remove such content from our Site. With respect to claims of copyright infringement, please refer below to the paragraph entitled “Digital Millennium Copyright Act.”
7. Trademarks: All brand, product, and service names used in this Service or on this Site which identify Little Star or third parties and their products and services are proprietary marks of Little Star and/or the relevant third parties. Nothing in this Service or Site shall be deemed to confer on any person any license or right on the part of Little Star or any third party with respect to any such image, logo or name.
8. Copyrights: Little Star is, unless otherwise stated, the owner of all copyrights in the Service, the Site and their contents. You may not publish, distribute, extract, use, or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). You acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Duplicate copies of the Service provided to you may be ordered in accordance with these terms at the time of purchase or for a period of one year following delivery of your DVD montage in accordance with Paragraph 9 herein.
a. All prices are stated in U.S. dollars and are valid until altered by us. Little Star reserves the right, at any time and without notice, to change the prices for its Services. Prices do not include delivery charges. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Site for the Service was incorrect, Little Star will contact you to let you know the correct price and ask you whether you still wish Little Star to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
b. You agree to provide to Little Star at the time of purchase of the Service a fifty-percent (50%) deposit and agree that this deposit is an advance on the cost of completing the Service for you and is not refundable. You agree that the remaining balance is due at the time of completion of the Service. Only DVD montages that are paid in full will be delivered to the customer.
c. All billing and registration information provided by you through this Site must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a material breach of these Terms of Service.
d. Submission of your order is an offer to purchase, and Little Star reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is accepted by Little Star and your credit card is successfully billed for the 50% deposit. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized and your order information is verified for accuracy. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified with your credit card. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. There will be a confirmation email sent to you.
e. Duplicate Copies: Duplicate copies of the Service created for you may be obtained from Little Star at a cost of $10.00 per copy. DVD montages are archived for a period of one year, after which point duplicate copies may not be available.
a. You shall be solely responsible for all of your Client-Supplied images, videos, music and other items to be included in the DVD montage (collectively, “Client-Supplied Items”) and the consequences of publishing, copying, displaying or distributing them as part of the Service. In connection with Client-Supplied Items, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Little Star to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Client-Supplied Items to enable inclusion, distribution, reproduction, and use of the Client-Supplied Items in the manner contemplated by the Site and these Terms of Use; and (ii) you have the consent, release, and/or permission of each and every identifiable individual person in the Client-Supplied Items to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution, reproduction, and use of the Client-Supplied Items in the manner contemplated by the Site and these Terms of Service. For clarity, you shall retain all of your ownership rights in your Client-Supplied Items. However, by submitting the Client-Supplied Items to Little Star, you hereby grant Little Star a limited worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, copy, reproduce, distribute (in any media formats and through any media channels), prepare derivative works of, display, perform and otherwise exploit the Client-Supplied Items as part as of the Services provided by Little Star.
b. In connection with Client-Supplied Items, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to distribute the material and to grant Little Star all of the license rights granted herein.
c. If notified by a user or a content owner of a Client-Supplied Item that allegedly does not conform to this Paragraph 10, Little Star may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Client-Supplied Item (at the Client’s sole expense) from the Service, which it reserves the right to do at any time. With respect to claims of copyright infringement, please refer below to the paragraph entitled “Digital Millennium Copyright Act.”
11. Client-Commissioned Items : Client-Commissioned items such as images, videos, music an d other items to be included in the DVD montage shall be referred to herein as “Client-Commissioned Items”. If you wish to include images, videos, music or other items in the DVD montage for which you have not obtained the necessary licenses, rights, consents, or permissions to use, you may direct Little Star to purchase a limited license to use those items on your behalf. For example, if you would like to use a particular song in your DVD montage, you may request that Little Star purchase, if possible, a limited license to use it on your behalf. If you request that Little Star purchase a limited license to use such an item on your behalf, Little Star will include that song in your DVD montage if it is able to acquire the limited license but you cannot obtain a copy of the song from Little Star. You understand and agree that Little Star cannot guarantee that it will be able to acquire a license in all circumstances and that the prices for such licenses can vary dramatically, depending on the artist and the song title.
12. Control and Integrity of Content:
a. Little Star reserves the right to reject any Client-Supplied Item that is, in its sole discretion, determined to be obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable or that Little Star believes violates any contractual or fiduciary relationship or that Little Star believes infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to, Little Star. By purchasing the Service, you expressly agree to promptly return to Little Star any copies of the DVD montage determined by Little Star in its sole discretion to be in violation of this Section. The Section does not confer on Little Star any obligation to monitor or control its clients’ content for any purpose. You acknowledge that you are solely responsible for all Client-Supplied Items you provide to the Service.
b. You agree not to upload, post, email or otherwise transmit to Little Star any material which is likely to cause harm to Little Star or anyone else's computer systems, including, but not limited, to material which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service. You specifically agree that you will take reasonable steps to ensure that all Client-Supplied Items will be free of such files or programs prior to uploading them to our Site.
c. You agree that you will not alter or modify in any way any part of the Site or any of the technologies or content that are included in the Site and that you will not access or view any other Content on the Site through any technology or means other than the technology provided within the Site itself or other means that Site may authorize or designate from time to time. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy our Site will not be permitted. Our Site may only be used for lawful purposes. You further agree that any robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other "bots" that visit our Site are Standard for Robot Exclusion (SRE)-compliant robots ("robots").
d. You agree that you are prohibited from violating or attempting to violate the security of our Site, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Little Star will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site . You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Little Star on this Site and other generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
e. Notwithstanding the foregoing, Little Star grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Little Star reserves the right to revoke these exceptions either generally or in specific cases.
f. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions. We reserve the right to terminate or suspend your access to and use of this Site, without notice, if we believe, at our sole discretion, that it is in violation of these Terms of Service, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of this Agreement by either you or Little Star , you must promptly destroy all materials downloaded or otherwise obtained from this Site , as well as all copies of such materials, whether made under the Terms of Service or otherwise. Little Star 's right to any submissions shall survive any termination of this Agreement.
g. You agree that your use of and conduct on the Site will comply with the terms and conditions of these Terms of Service , any additional guidelines contained in this Site, and all applicable local, national, and international laws and regulations.
14. Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from our Site to either a foreign national or a foreign destination in violation of such laws.
15. Returns/Limited Warranty and Limitation of Liability: Little Star warrants to you that products and services provided to you by Little Star shall substantially conform to the description of such services found at www.littlestarvideo.com. If the products or services fail to so conform to those descriptions within the thirty day period following Little Star’s delivery of the DVD, then the following will be your sole and exclusive rights and remedies:
a. Because each DVD montage is personal and individually created, Little Star does not accept returns of completed DVDs. Customer satisfaction, however, is extremely important to us, and we will make every effort to ensure that you are satisfied with your DVD. If you are not satisfied, please contact us within thirty (30) days of receipt of your DVD at service@littlestarvideo.com or by telephone or mail at the contact information listed on our homepage. You must include a specific description of the reason you find your DVD to be unsatisfactory. We may need to contact you for additional information and you agree that your remedies under this Section are expressly conditioned on your prompt and complete cooperation in providing any reasonably requested information by us. Any material errors on our part that result in the failure of the DVD you purchased to substantially conform to the description of our Services, will be corrected promptly at no charge.
b. Little Star makes all efforts to ensure that the information on this Site is accurate, current and complete. However, there may be instances when information about our Services or otherwise may contain inaccurate or incomplete information. Little Star does not warrant or guarantee that the information on this Site is error-free, complete or current. Little Star reserves the right to correct errors and/or to update the content or information on this Site at any time, without notice.
c. LITTLE STAR AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF OUR SITE, YOUR MISUSE OF ANY INFORMATION CONTAINED HEREIN, OUR SITE'S CONTENT, INCLUDING ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, ANY THIRD PARTY WEB SITES ACCESSIBLE THROUGH LINKS ON OUR WEB SITE, OR ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED OR USED AS A RESULT OF YOUR USE OF OUR WEB SITE. LITTLE STAR ALSO WILL NOT BE LIABLE FOR TECHNICAL FAILURES OR FOR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. IF YOU ARE DISSATISFIED WITH OUR SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
d. EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION 15, THE SERVICE, LITTLE STAR'S SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, LITTLE STAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LITTLE STAR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
e. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE STAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LITTLE STAR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE. You understand and agree that your submission of any Client-Supplied Items to Little Star, and the download or upload of any material through the Service, are done at your own discretion and risk and that you will be solely responsible for any loss or damage to your Client-Supplied Items or any damage to your computer system (or any other device used by you to upload Client-Supplied Items to us or download material from the Site) or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your Client-Supplied Items.
f. With respect to claims of copyright infringement, please refer to the paragraphs below entitled “Digital Millennium Copyright Act.”
16. Indemnification: You understand and agree that you are personally responsible for your actions or omissions in connection with the Service. You agree to indemnify, defend and hold harmless Little Star, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers, from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary, indirect damages) and reasonable attorneys’ fees (collectively, “Claims”), resulting from or arising out of any violation of these Terms or any activity related to your use of the Site or purchase/production/delivery of the Service by you or any other person accessing the Service or Site or providing information or other items on your behalf. This provision includes, but is not limited to, Claims arising from or out of (a) Client-Supplied Items; (b) Client-Commissioned Items; (c) use or misuse of the Service by you through the activities described in Paragraphs 10 and 12, (d) any other violation of these Terms of Service, or (d) any violation of any rights of a third party. In addition, you should understand that Little Star will not be liable for any losses that you incur because of any unauthorized use of your account. However, you may be liable to Little Star for any losses incurred by Little Star or others as a result of such unauthorized use of your account.
17. Authorization to Use DVD montage for promotional purposes: By purchasing the Service, you authorize Little Star to distribute your DVD montage, in whole or in part, for promotional, advertising, marketing and other commercial and non-commercial purposes via the Site, television, cable, the internet, newspaper, magazine, or any other medium (now known or hereinafter invented). Little Star values our customers’ privacy, however, and allows you to opt out of this authorization at any time. If you do not wish to authorize Little Star to distribute your DVD montage in this manner, please contact us at optout@littlestarvideo.com . In the email, please include your name, address, date of purchase and an indication that you wish to opt out of promotional purposes. By purchasing the Service, however, you authorize Little Star to continue to distribute existing paper copies of promotional materials containing your DVD montage (or portions thereof) which were created prior to your opting out. You will need to allow us at least [72] hours after receipt of your opt-out email to update your account. This paragraph shall not apply to the distribution or release for distribution of materials prior to our actual receipt of your opt-out email. Little Star is not responsible for any errors, whether human or technical, that result in the non-delivery or our non-receipt of any message from you, including an opt-out email.
18. Email: By using this Site or placing an online order and providing your email address, you are consenting to receive email from us unless you advise us in writing or by email that you do not desire to receive email from us. By sending an email to our Customer Services department and providing your email address, you are consenting to receive responses via email.
19. Digital Millennium Copyright Act: Notice: If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Little Star’s designated Copyright Agent to receive notifications of claimed infringement is email: copyright@littlestarvideo.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Little Star customer service through service@littlestarvideo.com . You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice . If your Submission was removed (or access to it was disabled) and you believe that this Submission is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Palm Beach County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Little Star may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Little Star's sole discretion.
20. Amendment of the Terms: Please print a copy of these Terms of Service for your records. Little Star reserves the right to modify, amend, alter or update these Terms from time to time without notice. By continuing to use our Site following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations and/or updates except as follows: With respect to your purchase of our Service, you will continue to be bound by those terms in effect at the time of such purchase of the Service. Any additional orders, requests for copies or other new use of the Service of any kind shall be subject to the Terms of Service in effect at the time of such new use or order. Visits to our Site shall be governed by the Terms of Use in effect at the time of the visit.
21. Assignment : These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Little Star without restriction, without notice and without consent, in Little Star’s sole discretion.
22. Claims, Controlling Law and Language: Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. Any disputes arising under or in connection with these Terms, the Service, or the Site shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflict of laws that might otherwise result in the application of the substantive laws of another jurisdiction. Any such action is subject to the exclusive and mandatory jurisdiction and venue in the state and federal courts of Palm Beach County, Florida. Both parties expressly exclude the application of the United Nations Convention of Contracts for the International Sale of Goods, if applicable, to these Terms of Service.
23. Miscellaneous: These Terms of Service incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of our Site and any purchase by you or on your behalf of our Service or any other product or service offered by Little Star. Headings used in these Terms of Service are for reference purposes only and in no way define or limit the scope of the section. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications to such provision if practicable and by continuing to honor all other terms and provisions of these Terms of Service, which are intended to remain in full force and effect. Little Star makes no representation that materials on our Site are appropriate or available for use in other locations or jurisdictions, and accessing our Site from jurisdictions where the contents of our Site are illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws.
24. Enforcement of Terms: These Terms constitute the entire agreement between Little Star and you with respect to your use of the Service. Little Star's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
25. Ability to Accept Terms of Service: You affirm that you are either more than 18 years of age, or an emancipated minor, or that you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Little Star does not intentionally collect personal information from children under the age of 13. If you are a parent agreeing to these Terms for Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability he or she may incur. If you do not or cannot comply with any of these terms and conditions, do not use, or allow your child to use, our Site.
26. Comments: If you have any comments or questions about these Terms or our Service please contact us by email at service@littlestarvideo.com or by telephone at (800) 527-5910. Phone calls may be recorded and monitored for training and quality assurance purposes.
800-527-5910
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