Terms of Service
This Terms of Service Agreement (“Terms”) governs your use of the Mediastark (“we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “Mediastark Services”), and your purchase of the Products sold through the Mediastark Services. By using the Mediastark Services, you agree, without limitation or qualification, to be bound by these Terms and the Mediastark Privacy Policy. If you do not agree, please do not use the Mediastark Services.
Mediastark may revise these Terms at any time. Your continued usage of the Mediastark Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Mediastark Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Mediastark Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH MEDIASTARK ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
1. ELIGIBILITY
You must be 18 years of age or older to visit or use the Mediastark Services in any manner. By visiting the Mediastark Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Mediastark Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE MEDIASTARK SERVICES
2.1 Use Restrictions
The content on the Mediastark Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Mediastark’s licensors, and any other materials displayed through the Mediastark Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Mediastark. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Mediastark or its licensors.
Mediastark authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2021, Mediastark. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Mediastark Services may be included elsewhere within the Mediastark Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Mediastark and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the Mediastark Services. You may not distribute or make the Mediastark Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Mediastark Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Mediastark’s written permission, “mirror” any Contents contained in the Mediastark Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the Mediastark Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Mediastark or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Mediastark’s user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Mediastark reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Mediastark Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
The personal information you submit to Mediastark is governed by the Mediastark Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Mediastark. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Mediastark a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Mediastark is not required to use any Submission.
Except as provided under Submission of Ideas (Section 2.3 below), Mediastark does not claim ownership of any information or material a user provides to Mediastark or posts, uploads, input, submits, or transmits to the Mediastark Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Mediastark Services, or which, in the judgment of Mediastark, exposes Mediastark or any of its licensors, partners, or customers to any liability or detriment of any type.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Mediastark is not responsible for the consequences of any Submission. Mediastark is not responsible for screening or monitoring Submissions made to this Mediastark Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Mediastark may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Mediastark will have no liability or responsibility to users for performance or nonperformance of such activities.
Mediastark reserves the right (but is not obligated) to: (a) record the dialogue on the Mediastark Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Mediastark Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Mediastark Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to Mediastark. Mediastark policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Mediastark’s products, services or marketing strategies might seem similar to ideas submitted to Mediastark.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the Mediastark Services or otherwise shall be the property of Mediastark, and may be treated by Mediastark as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to Mediastark will automatically become the property of Mediastark, without any compensation to you; (b) Mediastark may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) Mediastark has no obligation to review any Idea; and (d) Mediastark has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Mediastark.
2.4 Your Account
If you use the Mediastark Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Mediastark reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
3.1 Introduction
Mediastark sells Cover Photos (the “Products”) to end-user customers who purchase their product. You may not purchase Products for further distribution or resale or for any other commercial or business purpose.
3.2 Products and Product Pricing
The price that we will charge you for the Products may be based on a tiered pricing structure that depends on the number of Products in each Member’s restock Cover Photos (each a “Cover Photo”). Pricing for Products can be found on the Mediastark Services. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method, and Mediastark is unable to resolve the problem, we may notify you via e-mail using the address associated with your Order. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Restock Cover Photos until the problem has been resolved.
3.4 Refunds and Returns
Due to high demand of all our products, we cannot offer returns. Your artwork is designed with care and is entirely personal to you. If you are unhappy with your final product then please get in touch with us. Customer satisfaction is one of our passions and we always endeavor to make sure you're happy with the final result. If you received the wrong product, incorrect size or print, or your product was damaged in transit, we will of course replace it without question. Please let us know within 48 hours of receiving your order in this case. If you have placed an order recently and have changed your mind, you can cancel your order within 3 hours. If 3 hours have passed, the cancellation will be granted at our discretion. The reason for this is that we prepare shipping as soon as you place the order.
3.5 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Mediastark shall have the right to refuse service, suspend or terminate accounts or any related account(s), cancel orders or Cover Photos shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied.
4. LIABILITY OF MEDIASTARK AND ITS LICENSORS AND PARTNERS
The use of the Mediastark Services or the Contents is at your own risk. The Contents in the Mediastark Services could include technical inaccuracies or typographical errors. Mediastark may make changes or improvements at any time.
THE CONTENTS IN THE MEDIASTARK SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIASTARK DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDIASTARK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEDIASTARK SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIASTARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE MEDIASTARK SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEDIASTARK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIASTARK ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY MEDIASTARK, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.
5. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Mediastark Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Mediastark Services. You agree that Mediastark shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Mediastark Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Mediastark Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Mediastark.
Services, or based on such third party’s participation or presence on the Mediastark Services, are solely between you and the third party. Mediastark makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Mediastark Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
6. INDEMNITY
You agree to defend, indemnify, and hold Mediastark, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Mediastark Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Mediastark Services or Contents, or your violation of these Terms. Mediastark reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
7. MODIFICATION OR SUSPENSION OF THE MEDIASTARK SERVICES
You agree that Mediastark may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Mediastark Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
8. GENERAL
Mediastark makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Mediastark Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Mediastark and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
9. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the Mediastark Services infringes your copyright, you should notify Mediastark of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Mediastark receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Mediastark’s copyright agent at info@mediastark.com (subject line: “DMCA Takedown Request”).
In an effort to protect the rights of copyright owners, Mediastark maintains a policy for the termination, in appropriate circumstances, of users of the Mediastark Services who are repeat infringers.
11. SEVERABILITY
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Mediastark to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
12. COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Mediastark on the Mediastark Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Mediastark with respect to the use of the Mediastark Services and Contents.
Last updated: 11/19/2020
Privacy Policy
This Privacy Policy applies to information collected by Mediastark (“Mediastark,” “we,” “our” or “us”) in connection with the products and services that Mediastark offers. This includes information collected online through our websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, and mobile messaging services (collectively, “Mediastark Services”).
This Privacy Policy explains what information may be collected through the Mediastark Services, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use in connection with our marketing communications and business activities. By using the Mediastark Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not, please do not use the Mediastark Services.
This Privacy Policy is hereby incorporated into and forms part of the terms and conditions of use of the Mediastark Services.
1. INFORMATION COLLECTION
Information You Provide To Us
When you use the Mediastark Services, we may ask you to provide certain personal information to obtain our products or use our services. For example, we may ask for information when you register to create an account, update your information, sign up for a subscription, use certain features, access, upload or download content, purchase products or services, enter into sweepstakes or other promotions, register or participate in a competition, fill out a survey, request customer support, or otherwise communicate with us.
We (or our service providers or business partners) may collect information that relates to you, including personal information, such as your name, e-mail address, telephone number, mobile phone number, mailing address, date of birth, gender, and demographic information.
Information You Provide When You Participate in an Online Survey or Other Research. We may also collect information you provide us in connection with participating in an online survey or as a research panel participant. This may include, but may not be limited to, information about your shopping habits, lifestyle preferences, interests and hobbies, health, physical or behavioral characteristics, or other demographic information, as well as photos, videos, and other user-generated content.
Information You Provide When You Make a Purchase. If you make a purchase from us, you will be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal), depending on the form of payment you choose.
Information You Provide about a Third Party. You may decide to provide us with another person's information (such as name, email, address, or phone number) so that we may recommend or send products or services to such person, or so that we may facilitate your communication with other people. Local law may require you to seek the consent of your contacts to provide their personal information to Mediastark (or in connection with using the Mediastark Services), which may in turn use that information in accordance with the terms of this Privacy Policy. Where required by law, we will obtain the required consent from the person whose information you provided to us.
Information You Provide Through Social Media. You may also be given the option to link to your Facebook or other social media accounts through the Mediastark Services. When you do, we may automatically receive certain information from you based upon your privacy settings on those sites. This may include, but may not be limited to, name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.
Information Collected Automatically
Whenever you visit or interact with the Mediastark Services, Mediastark, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This information may be collected in the following ways:
Usage Information. We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information which enables Mediastark to improve the Mediastark Services and provide you with more relevant content and advertising offered by Mediastark, or through or linked from the Mediastark Services.
For example, we may automatically or passively collect certain non-personal information from you, including your browser type, mobile device manufacturer, mobile carrier, phone number, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited, any mobile device activity and configurations, and email client. We may also automatically collect information about your use of the Mediastark Services, including the date and time you visit the Mediastark Services, use or click through to any of the Mediastark Services, the areas or pages of the Mediastark Services that you visit, the amount of time you spend viewing or using the Mediastark Services, the number of times you return to the Mediastark Services, other click-stream or site usage data, emails that you open, forward or click-through to our Mediastark Services, and other sites that you may visit.
Device Information. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the Mediastark Services, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, provide the Mediastark Services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across computers or devices you may use.
Geolocation Information. We may collect information about the location of your Device when you access or use the Mediastark Services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.
Third Party Service Providers. We may use third party service providers to support the Mediastark Services. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store information on our behalf.
Third Party Analytic Technologies. We may use third parties’ analytics and tracking tools, such as Google Analytics, Adobe Marketing Cloud services, Facebook Custom Audience and others, to help us track, segment and analyze usage of the Mediastark Services, and to help us or those third parties serve more targeted advertising to you on the Mediastark Services and across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store non-personal information. They may also combine information they collect from your interaction with the Mediastark Services with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.
Information Received from Other Third Parties
We may obtain information about you from other trusted third party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also receive information about you from our partners and service providers, (including, for example, business partners, analytics vendors, advertising networks and search information providers).
We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the Mediastark Services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.
Combination of Information
We may combine the information we receive from you and about you, including information you provide to us and information we automatically collect through the Mediastark Services, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third party sources. This combined information may be used in any manner detailed in this Privacy Policy.
2. HOW WE USE THE INFORMATION COLLECTED
We may use the information about you for a variety of business purposes, including for example:
For Customer Service and Transactional Purposes, such as to:
- respond to your questions or requests and provide customer service;
- manage your account and registration;
- troubleshoot issues, bugs or defects related to your account or activities;
- provide you with access to certain features of the Mediastark Services;
- validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and send you related information, coupons, products or samples;
- verify your identity or communicate with you about your activities with respect to the Mediastark Services;
- to use and disclose your credit, debit or payment card or other financial information only to process payments and prevent fraud;
- contact you with regard to your use of the Mediastark Services and, in our discretion, changes to any Mediastark policy;
- develop new products or services and to enhance current products and services;
- protect the security or integrity of the Mediastark Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users; and
- for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.
For Advertising Customization and Analytics Purposes, such as to:
- perform market research, understand the effectiveness of our competition or promotions and Mediastark Services analytics and operations;
- personalize and improve the Mediastark Services and our products, services, offers and advertising made available on or outside the Mediastark Services (including on other sites/ applications that you visit). For example, we may provide personalized or localized content, recommendations, features, and provide content or features that match your interests and preferences;
- provide you with customized content, advertisements, offers and promotions offered by Mediastark or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on the Mediastark Services, in emails and across third-party websites;
- link or combine with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and
- communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Customer Match, Twitter Match, etc.) for Mediastark marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.
3. SHARING OF INFORMATION
The information collected or generated through your use of the Mediastark Services may be shared by you or by us as described below.
Sharing of Information by You
The Mediastark Services offer many ways to find, enjoy, and share content.
Your activity in connection with the Mediastark Services, such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, participation in online communities, “liking” or “sharing” Mediastark content to your social media accounts or pages or otherwise interacting with the Mediastark Services, may be visible to other users of the Mediastark Services and in some cases, publicly available.
Sharing of Information by Us
We may share the information collected from or about you in the following ways:
With Our Affiliates. We may share your information with our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.
Third Party Service Providers. We may share your information with third party service providers that provide business, professional or technical support functions on our behalf. This includes, but may not be limited to, service providers that host or operate the Mediastark Services; payment processors; analyze data; provide customer service; postal or delivery services, and sponsors or other third parties that participate in or administer any promotions.
Other Third Parties. Your information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your information may also be shared with third parties we identify at the time you provide your personal information or otherwise with your consent.
Sweepstakes, Contests, and Promotions. If you choose to enter into one of our sweepstakes, contests, or other promotions (a “Promotion”) we may disclose your information to third parties or the public in connection with the administration of such Promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with the terms of this Privacy Policy.
Business Transfers. In the event that another entity acquires us or all or substantially all of our assets, or assets related to the Mediastark Services, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.
Legal Disclosures; Safety. Mediastark may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, users of the Mediastark Services, Mediastark, or the public.
Aggregate or Anonymous Non-Personal Information. We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
4. YOUR CHOICES AND OPT-OUT
Certain parts of the Mediastark Services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through the Mediastark Services or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
Our system may not respond to Do Not Track requests or headers from some or all browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use.
We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit the Mediastark Services to collect information about your use of the Mediastark Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:
- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: Digital Advertising Alliance; DAA AppChoices – DAA AppChoices. To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: Online Behavioral Advertising. Please note that even if you opt-out, you may still receive advertisements from Mediastark that are not customized based on your Usage Information.
- To learn how to manage privacy and storage settings for Flash cookies, please visit: Flash Player
Access and Updates to Your Information:
If you wish to verify, correct, or update any of your personal information, you may visit your Account Page or contact us at the address or e-mail in the Contact Us section below.
Unsubscribing from Communications by Us:
We provide our customers with the opportunity to update their information or opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product order or servicing of your product. To opt-out of marketing communications, you may:
- Send us an e-mail at info@mediastark.com or
- Unsubscribe from our marketing email communications at any time by unsubscribing or following the instructions contained within the email.
5. CHILDREN'S PRIVACY
Protecting children’s privacy is important to us. We do not direct the Mediastark Services to, nor do we knowingly collect any personal information from, children under the age of thirteen. If Mediastark learns that a child under the age of thirteen has provided personally identifiable information through the Mediastark Services, we will use reasonable efforts to remove such information from our files.
6. SECURITY OF YOUR INFORMATION
We use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. You use the Mediastark Services and provide us with your information at your own risk. If we share information with a third party, as detailed in this privacy policy, we shall use all reasonable efforts to ensure that they keep the information secure and only use the information consistent with the terms of this Privacy Policy.
7. OTHER SITES
The Mediastark Services may contain links to other sites that we do not own or operate. This includes links from service providers, fulfillment companies, advertisers, sponsors, or other business partners that may use our logo(s) as part of a co-branding agreement. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticities of any site which appears or claims that it is one of the Mediastark Services (including those linked to through an email or social networking page).
8. CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS
Mediastark is a global business and it, or its service providers, may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Mediastark Services, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.
9. CHANGES & OTHER MEDIASTARK PRIVACY POLICIES
Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the Mediastark Services. If we make a material change to this Privacy Policy, we will provide appropriate notice to you.
In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.
10. CONTACT US
If you have any questions or concerns regarding this Privacy Policy, please contact us at:
E-Mail: info@mediastark.com
Alternatively, please go to www.mediastark.com, and click on the Contact Us link.
Last updated: 11/19/2020