Starfield Technologies, Inc.

c-Site™ Online Copyright Registration End-User Agreement

 

This Starfield Technologies, Inc. c-Site Online Copyright Registration End-User Agreement (“Agreement”) is by and between Starfield Technologies, Inc. (“Starfield”), an Arizona corporation and you, as copyright owner, your heirs, assigns, agents and successors (“You”) and is made effective as of the date of electronic execution.

 

By using Starfield’s c-Site Online Copyright Registration services (the “Services”), You agree to be bound by the terms and conditions set forth herein.  You further agree that this Agreement may be amended from time to time and You agree to be bound by any new, different or additional terms Starfield may adopt from time to time. 

 

1. SERVICE DETAILS

 

Starfield’s Online Copyright Registration division is a service provider and does not offer legal, tax or financial advice. 

 

When You purchase c-Site, You complete the online copyright registration application form and submit it to Starfield for review and processing.  After Starfield’s review is complete, Your copyright application will be prepared and transmitted to You via e-mail together with accompanying instructions for filing the application directly with the U.S. Copyright Office.  Once the copyright application and filing instructions are transmitted, Starfield’s and c-Site’s Services come to an end.  Thereafter, Starfield will not provide any additional services or provide any customer support in connection with those copyright applications for which You are responsible for filing with the U.S. Copyright Office.

 

Custom Filing Services are also available for purchase.  With Custom Filing, You complete the online copyright registration application form and submit it to Starfield for review, processing and filing.  Starfield will prepare and file copyright forms with the U.S. Copyright Office based on information You provide.  Starfield will also submit to the U.S. Copyright Office the Deposit You send to Starfield.  You acknowledge that the Deposit may need to be converted from an electronic version to a physical version by Starfield.  Starfield acts as a third party service provider in the filing process and assumes no liability for the materials You submit, including, but not limited to, the completeness or correctness of the Deposit, or its suitability for copyright.  Starfield will submit the Deposit AS IS, and will not be responsible for any errors, omissions, or defects.

 

Starfield reserves the right to reject any and all copyright registration applications and/or Deposits for any reason whatsoever.  In the event Starfield rejects your filing or is unable to provide Services to You, You agree that Your only remedy will be a refund of the fee You paid for the Services.  Under no circumstances will you be entitled to recover the federal filing fee or any damages in excess of the fees You paid for the Services.

 

Starfield will only keep copies of files You submit for the amount of time required to review and prepare the application (and in the case of Custom Filing, file the application, with the U.S. Copyright Office).  For files You submit electronically, You release Starfield from any responsibility or liability for technical difficulties such as system crashes, unexpected downtime, or other circumstances which may result in lost or damaged materials.

 

It is also Your responsibility to ensure that Your Deposit meets Copyright Office requirements, which are set forth within the c-Site web site.

 

Starfield makes no guarantees as to the time needed to review, process, prepare and/or file copyright applications.  Your careful attention to the details of the filing process will reduce the amount of time required for Your filing.  You agree that the filing date will be the date the U.S. Copyright Office receives the Deposit, application and filing fee in acceptable form, and not the date you submit Your filing to Starfield.

 

2. LIMITATIONS ON SERVICE

 

Starfield is a service provider, not a law firm.  Therefore, Starfield will not proofread or conduct legal research or other such inquiries to ensure that Your work is suitable for copyright registration.  You specifically represent and warrant that You are the rightful owner of the Deposit and that You are not infringing the legal or other rights of a third party by engaging Starfield’s Services hereunder.

 

Starfield does not and cannot represent, warrant, guarantee, promise or otherwise assure You that: (i) Your copyright filing will be accepted by the U.S. Copyright Office; (ii) Your copyright application will be approved by the U.S. Copyright Office; (iii) the Copyright Office will not have questions or concerns regarding either Your application or Deposit; (iv) issues arising in connection with Your application will be resolved to Your or the Copyright Office’s satisfaction; (v) support or customer service will be available for any and all inquiries related to Your application.  Furthermore, Starfield does not and cannot guarantee that filing and registering Your copyrighted work will cause You to be successful in any future litigation concerning Your work or Your intellectual property rights therein. 

 

3. YOUR OBLIGATIONS

 

You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by Starfield throughout the filing process.  You agree that Starfield will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally. 

 

You agree to notify Starfield within 5 business days when any of the information you provided as part of the application and/or registration process changes.  It is your responsibility to keep this information in a current and accurate status.  Failure by you, for whatever reason, to provide Starfield with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement.  Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Starfield to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.

 

You agree to ensure that Your Deposit is free from errors, omissions, or defects prior to submitting it to Starfield.  You understand and agree that all fees paid to Starfield, including the federal filing fee, will not be refunded unless Starfield rejects Your filing or is unable to provide Services to You.  You further agree that corrections to materials previously submitted to the U.S. Copyright Office will be considered new filings and will require full payment of all applicable fees.

 

You agree that none of the materials You submit to Starfield for filing with the U.S. Copyright Office will contain harmful or morally objectionable content.  By way of example only, harmful or morally objectionable content includes, but is not limited to, content that is designed to, intended to, or otherwise:  (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and/or child pornography; (v) be vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.  Starfield reserves the right to refuse to file Your Deposit and any other materials for whatever reason, including any of those listed above.

 

4. LICENSE; AGENCY

 

You grant Starfield a license to use Your Deposit for the limited purpose of reviewing, processing and/or filing it with the U.S. Copyright Office.  Starfield will not use Your copyrighted materials for any other purpose unless specifically requested to do so by You under separate written agreement.

 

If You purchase the Custom Filing Service, You hereby appoint Starfield as Your authorized agent for purposes of submitting Your Deposit and filing forms with the U.S. Copyright Office.  No other agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

5. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL STARFIELD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, THE SERVICES, USE OR INABILITY TO USE THE STARFIELD OR C-SITE WEB SITES OR THE MATERIALS AND CONTENT OF THESE WEB SITES OR ANY OTHER WEB SITES LINKED TO THE STARFIELD AND C-SITE WEB SITES OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLY INFORMATION TO STARFIELD, C-SITE OR ANY THIRD PARTY.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF STARFIELD AND C-SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.  BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, STARFIELD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

 

YOU FURTHER UNDERSTAND AND AGREE THAT STARFIELD DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM: (i) THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION; (ii) ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE; (iii) DATA NON-DELIVERY OR MISDELIVERY BETWEEN YOU AND STARFIELD; (iv) THE UNAUTHORIZED USE OF YOUR STARFIELD ACCOUNT OR ANY OF STARFIELD’S OR C-SITE’S SERVICES; (v) AN ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).

 

6. INDEMNITY

 

You agree to release, defend, indemnify and hold harmless Starfield, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Services provided hereunder by Starfield, the Starfield web site, the c-Site web site, Your account with Starfield, and/or Your Deposit.

 

7. WARRANTY DISCLAIMER

 

STARFIELD, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE STARFIELD WEB SITE, THE C-SITE WEB SITE, OR ANY WEB SITES LINKED TO THE STARFIELD AND/OR C-SITE WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ALL STARFIELD SERVICES, AS WELL AS THE STARFIELD AND/OR C-SITE WEB SITES, ARE PROVIDED “AS IS”.  YOUR SUBSCRIPTION TO AND USE OF STARFIELD’S AND/OR C-SITE’S SERVICES AND THEIR WEB SITES ARE ENTIRELY AT YOUR RISK.   SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

 


8. COPYRIGHT & TRADEMARK

 

You understand and agree that all content and materials contained in this Agreement, other policies, the Starfield web site, and the c-Site web site, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Starfield expressly reserves its rights in and to all such content and materials.  You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Starfield.  No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

 

9. MISCELLANEOUS PROVISIONS

 

a. Severability; Construction; Entire Agreement.   If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Starfield regarding the services contemplated herein.

 

b. Governing Law; Venue; Waiver Of Trial By Jury.  This Agreement shall be governed in all respects by the laws and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.

 

c. Notices. All notices from Starfield to You will be sent to the email address You provided to Starfield.  Notices by email shall be deemed effective 24 hours after the email is sent by Starfield, unless Starfield receives notice that the email address is invalid, in which event Starfield may give You notice via first class or certified mail, return receipt requested.  All notices from You to Starfield shall be sent to: Starfield Technologies, Inc., Attn: General Counsel, 14455 North Hayden Road, Suite 219, Scottsdale, AZ  85260.  Notices shall be deemed effective five (5) days after the date of mailing.

 

d. Term of Agreement; Survival. The term of this Agreement shall continue in full force and effect as long as Starfield is providing Services to You.  Sections 5 (Limitation of Liability), 6 (Indemnity), 7 (Warranty Disclaimer) and 9 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

 

Copyright © 2003 Starfield Technologies, Inc. All Rights Reserved.