Effective July 13, 2018.
Our Site and Services include starlingbox.org as well as our blog starlingmurmurs.org. These terms apply to any information or services found on either of these websites. We also sell subscriptions through the Cratejoy Marketplace, and any information found about Starling Box products or purchases of our products on the Marketplace are governed by these terms of service as well. Both our website and our Marketplace listing are hosted by Cratejoy, Inc.
By accepting and complying to these Terms, Starling Box grants you a non-exclusive, non-sublicensable, non-transferable, limited, and revocable right to access the Site and Services for your personal, non-commercial use (see CONTENT below for details), unless otherwise noted or expressly agreed in writing by Starling Box in compliance with these Terms. We reserve the right to monitor the Site and Services to ensure that you are complying with these Terms and to revoke your right to access the Site and Services at any time, in our sole discretion, and for any or no reason.
MODIFICATION AND TERMINATION
We may modify, suspend, or terminate any and all Services or your access to the Services and/or your membership at any time, without notice, and without liability to you, at our absolute and sole discretion for any or no reason.
You may terminate your membership or use of the Services at any time by following the instructions on said Services, but you will still remain liable under these Terms for any actions or purchases made prior to termination as well as actions or purchases made on the Site in the future.
Termination may result in the destruction of any information associated with your membership and/or your right to access the Site and Services, with no liability to you.
In order to use our Services, you must be 13 years or older, and must possess parental consent if under the age of 18. We do not knowingly collect information from children under 13, and will delete such information promptly upon notification. If you believe that a child under 13 has provided us with personal information, please contact us.
By using these Services you assert that you are of legal age or possess parental consent to form a binding contract with us as well as to use and take responsibility for your actions on all of our Services.
To use some of our Services, you are required to create an account by registering with your email address and a password of your choosing. You are responsible for providing complete, accurate information for all fields marked as mandatory. You are also responsible for updating such information promptly upon modification and for maintaining the secrecy of your login information. You may not use any account besides your own at any time, and you may not impersonate another user. You are solely and completely responsible for any and all activities that occur under your account, and you will be liable for any losses, damages, liability expenses, attorney’s fees, or other expenses that result from another actor using your account or password with or without your knowledge. We will not be responsible nor liable for any expenses from such use of your account.
We reserve the right to refuse any user account from registration and to cancel an account at any time. We have no obligation to keep a record of your account or any information stored within your account or through our Services.
By creating an account, you are agreeing to receive emails from Starling Box or other third party special offer(s). You may opt-out of these emails by selecting unsubscribe within the email or by contacting us at firstname.lastname@example.org.
All terms listed in this section apply to any purchases and products offered from this Site or any of our Services (“Product,” “Products”), unless otherwise noted. All Products are a Service granted by Starling Box.
STARLING BOX IS AN AUTO-RENEWAL SUBSCRIPTION. BY PURCHASING A SUBSCRIPTION BOX, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO RECEIVE AND PAY FOR BOXES EVERY SEASON UNTIL CANCELLATION.
You will be billed for your first box immediately upon placement of an order. Following that, you will be re-billed for your next box by the end of the month that you receive your box. By placing an order, you authorize us and any payment processor (listed on the Site) to charge your payment card, as recorded in your account, for any and all of your purchases. If you are paying with credit card, we will charge your credit card when your order is processed. In order for you to be billed successfully, you must provide complete and accurate account, transaction, and any other necessary information to us. Payment must be authorized by your payment card company, and your payment must be accepted. We are not responsible for processing, filling out, or billing of any orders that do not meet these requirements. If an order is cancelled or refunded, your payment card’s bank may control or delay release of funds. We reserve the right to cancel a payment or prevent you from future payments at any time, for any reason, and at our sole discretion, with notification to you through the contact information in your account.
All subscription Products will ship on or around the 5th of the month, and you will receive a box once every three (3) months only. We reserve the right to modify or shift the shipping date at any time and at our sole discretion. We reserve the right to ship your order in multiple shipments or boxes. We may not be able to have your order shipped to a post office box, to certain addresses, or on certain days. A third party carrier ships all Products; therefore, we are not responsible for any delays or damages to products that may occur in the shipping process. See Transfer of Title below for more information.
Stock of our Products cannot be guaranteed due to quantity limitations. Starling Box reserves the right to limit quantities of or cancel orders. In instances of modifications or cancellations of orders, we will attempt to notify you through the contact information you provided in your account.
Pricing and Payment
All prices listed on the Site are in US dollars. We reserve the right to change prices and/or institute new charges at any time, with notice to you via the Site, email, or postal mail. Use of the Site or Services by you following any such notification constitutes your acceptance of any new or modified prices. Completed purchases occurring before the date of a price change will not be affected by the price change. If there is a mistake in our pricing, we will notify you and correct the error as soon as possible and/or cancel the order with a notification to you.
Stated prices do not include taxes of any kind or at any level. We will collect sales tax in any areas in which we believe we must do so legally, determined by the shipping address. You will pay any applicable sales tax for your purchase.
You may cancel your subscription at any time. If you would like to cancel before you are auto-renewed for the next box, you must do so before the fifteenth (15) of the month in which you receive your box. If your order has already been renewed, you must cancel before the first of the month three months following shipping of your box (e.g. if you receive your box on January 6, it auto-renews on January 15, and you must contact us for a refund before April 1). To cancel your order, you must either a) contact us at email@example.com with an indication that you wish to cancel your subscription and following the instructions which we send you by email, or b) log in to your account on our page, click Edit, then choose Cancel- in order for your cancellation to be recognized you must save the edits. To cancel an order that has already been renewed and receive a refund, you must contact us at firstname.lastname@example.org. If you do not cancel by the first of the month, three months following that in which you receive your box, you cannot be refunded for any Products.
Starling Box reserves the right to refuse, limit quantities of, or cancel any Products purchased through our Site. We reserve the right to provide substantially similar products for any items purchased, and we reserve the right to grant cancellations in our sole discretion. If we deny or do not grant a cancellation request, the order is non-cancellable. We will not be liable for delayed or unavailable shipment of any Product. We accept your order only by shipping the Products in your order, and your order is subject to correction or cancellation in any way before shipment for any reason.
We do not allow returns or substitution of any Products purchased through our Site and/or Services.
If you receive a damaged or incomplete Product, please contact us by emailing email@example.com or through the form on our website within two (2) weeks after you have received your product. You will need to send us photographic evidence of the damaged Product in order to receive a replacement, and any and all replacements or refunds are granted at our sole discretion.
Description of Products
Although we try to make our Site and Services complete and accurate, there may be instances in which any and/or all information on our Site may be incorrect or incomplete. We reserve the right to correct these errors, either by changing the Site or by contacting you via the contact information you have entered in your account. We reserve the right to update any information on our Site at any time, with or without notice, and at our sole discretion. We apologize for any mistakes or misunderstandings that may result from errors in information on the Site.
By purchasing a Starling Box product from anywhere outside the United States, you are agreeing to be the Importer of Record for these products. You must comply with and pay the taxes and duties imposed by your country of residence on the shipment, which may result in the final amount you pay for the box being higher than the price listed on our website. Starling Box does not profit off of these taxes, they are imposed by your specific country’s government. Starling Box is not responsible for any fees, taxes, or duties put on imports/exports between countries and not responsible for withholding of items by the government of your country. International shipping may arrive late, damaged, or be withheld. Although we will always send you an order that you have purchased, we cannot make any guarantees that it will reach the destination and be undamaged. Refunds on international purchases are not granted. If you access the Site or Services outside of the United States, you are responsible for complying with your local laws and regulations.
We may, in our sole and absolute discretion, offer certain promotional codes for discounts. All promotional codes are non-transferable and non-redeemable for cash, credit, or payment for previous purchases. There is no cash alternative. Promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code must be used in accordance with the terms provided with that promotional code or listed on the Site, and lost promotional codes cannot be replaced. Promotional codes are void where prohibited. Starling Box reserves the right to modify or terminate any promotional code at any time and in its sole discretion.
Transfer of Title and Risk of Loss/Damage
By ordering any or all Products, you are asking us to use a third party carrier to ship your order. As a result, title to and risk of loss/damage of all Products passes from Starling Box to you upon our delivery to the third party carrier. We reserve the right to choose any and all procedures, packaging, and carrier for sold products.
Any information, images, videos, reviews, comments, questions, ideas, artwork, text, or any other content (collectively, “User Submissions”) that you post to the Site, submit to us, give us permission to use, or otherwise provide to us is subject to the following terms.
By posting or submitting any User Submissions to Starling Box, you grant Starling Box a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable right to use, modify, copy, distribute, publish, display, sell, transmit, translate, adapt, create derivative works out of, and reformat in any way and without limitation such User Submissions (including any and all related intellectual property rights), including throughout the entirety or part of the Site and Services and in any media formats and through any media channels, and to give others permission to do so. Furthermore, posting or submission of any User Submissions grants each user of the Site and Services or of any media formats or channels a non-exclusive license to access and view your User Submissions and to use, modify, display, publish, and distribute your User Submissions as allowed under these Terms. Any sharing of User Submissions also grants us the right to use and display any information that you submit along with and in connection to such User Submissions, including but not limited to name, photo, image, and any other biographical information. You irrevocably waive and agree not to assert any rights (including “moral rights”) that prevent us from using the User Submission as described above. Starling Box will not have any obligation to compensate you or anyone else for the use of User Submissions, nor will we have any obligation to keep User Submissions confidential or in confidence. We reserve the right to remove or modify any User Submission at any time for any or no reason. By submitting User Submissions to and/or through Starling Box, you do not lose or affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless expressly agreed otherwise in writing.
You understand and accept that you, not Starling Box, are solely responsible for any and all User Submissions that you publicly or privately post, submit, or share through the Site or Service, and Starling Box will not be liable for any omissions or error in the User Submission. You warrant that you possess all rights, licenses, releases, and consents necessary to provide a User Submission to Starling Box and to grant us the rights to use, modify, distribute, etc. such content as described above. You also warrant that any User Submission or use of the User Submission by Starling Box in any form or part on the Site or on media channels will not violate or result in the violation of any applicable law or regulation, and that it will not infringe, misappropriate, or violate any third party’s rights in any way, including but not limited to the third party’s copyright, intellectual property rights, publicity or privacy rights, patent, trademark, trade secret, and moral rights.
You acknowledge that we cannot guarantee the identity of any other users on the Site nor can we guarantee the authenticity of any information or data that they submit. You acknowledge and accept that your use and access to any User Submissions or other content on the Site or Services is at your own risk and you are solely responsible for any damage, loss, or misunderstanding that occurs to any party as a result of your use of this content. You also acknowledge that Starling Box does not endorse or guarantee any User Submissions, and you may not state, either explicitly or implicitly, any such endorsement.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Starling Box reserves the right to monitor, block, or remove any and all Content, for any or no reason, at any time, and without notice to you. We have no obligation and assume no responsibility for monitoring the Site and Services, including any User Submissions, for inappropriate Content, and we assume no responsibility for the Content, no responsibility for the conduct of the user submitting such Content, and no obligation to remove or modify any Content, should we decide, in our sole discretion, to monitor the Content.
By submitting, posting, or viewing any Content on the Site and/or Services, you acknowledge and accept all of the following:
You will not use the Site or Services to send or post Content of any kind that that is unlawful, abusive, obscene, threatening, harassing, libelous, defamatory, profane, vulgar, harmful, offensive in any way, sexually explicit, inaccurate, false, misleading, or otherwise objectionable material or that violates any applicable local, state, federal, or international law/regulation in any way or that encourages conduct that could constitute a criminal offense. You will not use the Site and/or Services to deliver Content that is confidential, sensitive, illegal in any way, or with the intention of committing illegal activity. Any and all submissions of Content made under your account or using your identity will be deemed to have been posted by you.
If you link to the Site or Services, Starling Box reserves the right to revoke your right to link at any time and in our sole discretion. We also reserve the right to require prior expressively written consent from Starling Box before you link to the Site or Services.
THIRD PARTY INTERACTIONS
The Site and/or Services may contain content provided by third parties, including links to third party websites. We do not endorse, guarantee, have an obligation to monitor, and are not liable for any third party content nor for any content on any linked site, and will not accept any responsibility for any content found on a third party site.
You may receive a third party Product through Starling Box from a manufacturer, entity, promoter, or individual, separate from Starling Box, that represents the Product. Starling Box makes no representations, guarantees, or warranties for a third party Product, and you acknowledge and accept that you assume all responsibility and liability for the use of third party Products resulting from reliance on warranties provided by the third party company.
Any interactions with third parties through the Site and/or Services are solely between you and such third party, including payment, delivery of goods/services, and any other conditions or warranties associated with such dealings. If there is any dispute between you and a third party, you acknowledge and accept that we have no obligation to become involved in any way.
a) identification of the copyrighted work(s) that have allegedly been infringed
b) identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail that Starling Box can reasonably find it and verify its existence; please include urls, screenshots, and clearly state how to navigate to such information
c) contact information about the notifier, including address, full name, telephone number, and email address
d) a statement that the notifier has a good faith belief that the material they have identified as infringing a copyright is not authorized by the copyright owner, its agent, or the law
e) a statement made under the penalty of perjury that the information provided is accurate and that the notifier is authorized to make the complaint on behalf of the copyright owner
f) an electronic signature of a person authorized to act on behalf of the owner of the copyright that is claimed to be infringed
DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, CONTENT, AND PRODUCTS ACCESSED THROUGH STARLING BOX IN ANY WAY ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, TITLE AND NON-INFRINGEMENT, OR THAT ANY PRODUCTS OR CONTENT WILL BE IN STOCK, ERROR-FREE, WILL NOT BE LOST OR DAMAGED IN SHIPMENT, SAFE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, PROMISES, GUARANTEES, REPRESENTATIONS, OR THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED AND ERROR FREE. SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE INFORMATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY DEPENDING ON YOUR SHIPPING ADDRESS.
STARLING BOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THRID PARTY PRODUCT OR SERVICE LINKED TO THROUGH THE SITE, OFFERED THROUGH THE SITE OR OTHER LINKED SITES, OR FOR ANY OFFENSIVE OR ILLEGAL ACTIONS OF ANY THIRD PARTY. WE WILL NOT BE OBLIGED IN ANY WAY TO MONITOR, INTERFERE, OR BE PARTY TO ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY, AND YOU ASSUME THE RISK OF ANY HARM OR DAMAGE FROM INTERACTING WITH A THIRD PARTY.
STARLING BOX MAKES NO REPRESENTATIONS FOR OR REGARDING ANY CONTENT CONTAINED IN THE SITE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, LEGALITY, OR DECENCY OF ANY MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, CONTENT, OR EMAILS SENT TO YOU WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, COMPLETE, ACCURATE, MEET ANY EXPECTATIONS OR REQUIREMENTS, AND FREE OF HARMFUL CODE. YOU ACKNOWLEDGE AND ACCEPT THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT MAY OCCUR RESULTING FROM DOWNLOADING OF CONTENT.
STARLING BOX HAS NO CONTROL OVER OR OBLIGATION TO TAKE ACTION REGARDING THE CONTENT YOU ACCESS THROUGH THE SITE AND/OR SERVICES, WHICH USERS ACCESS THE SITE, HOW YOU INTERPRET OR USE THE CONTENT, ANY ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT, OR ANY EFFECTS THAT THE CONTENT MAY HAVE ON YOU.
YOUR OBLIGATIONS AND WARRANTIES/PROHIBITED CONDUCT
You warrant, represent, and accept that you will neither conduct any activity through the Site nor contribute any User Submission that a) is harmful, abusive, threatening, harassing, deceptive, defamatory, vulgar, libelous, obscene, or otherwise objectionable, b) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or any other rights of any third party, including any other obligations you may already have to any third party, c) violates any applicable law, statute, rule, ordinance, or regulation, including any international regulations, d) posts or transmits, or causes to be posted or transmitted, any communication or solicitation designed or intended to obtain any private information from any other user of the Site, e) violates the security of any computer network, f) transfers or stores illegal material or engages in any kind of illegal activity, including those deemed to be threatening or obscene, g) involves commercial activities not expressly and specifically granted prior written consent by Starling Box, h) misrepresents the source or identity of any Content, i) impersonates or otherwise falsely indicates a relationship with any person or entity, j) uploads, installs, embeds, or constitutes harmful content or code, including but not limited to virus, malware, or worms, k) removes, alters, or obscures any notices or link on the Site, l) reverse-engineers, decompiles, tampers with, or disassembles any technology used to provide the Site and Services. You are responsible for all of your activity concerning the Site and/or Services, including taking all precautions necessary and/or reasonable to protect yourself and your technological devices from any harmful content and code.
LIMITATION OF LIABILITY
WAIVER AND SEVERABILITY
If you have any questions, please contact us via the form in the Site or by emailing us at firstname.lastname@example.org