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Terms and conditions

Terms and Conditions

Terms and Conditions

These Terms and Conditions have been updated on 28th of April 2023

Please read these Terms and Conditions carefully before using Starzz!

Welcome to the Starzz LLC (Legal address: Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines, registration number: 2991 LLC 2023) (hereinafter referred to as “Starzz”, “Company”, “We”, “Us”, “Our”) Website. These Terms and Conditions shall govern Your use of the Website starzz.eu (hereinafter referred to as “Starzz Website“ or "Website") and any options available there which are provided by the Company.

These Terms and Conditions constitute a binding legal agreement between You and Starzz. By registering and creating a Personal account, whether through a mobile device or computer, You confirm that You have read, understand, and agree to be bound by these Terms and Conditions and Our Privacy Policy, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed to by You (collectively, this “Agreement”). If You do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Website.

We may change these Terms and Conditions at any time. When the Company updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Terms and Conditions are effective upon their posting to the Website. Your continued use of Our Website shall be considered Your acceptance of the revised Terms and Conditions.

TERMS AND DEFINITIONS

The following terms shall have the following meaning:

  • “Ethereum blockchain” — is a decentralized, open-source blockchain-based computing platform that enables the creation of smart contracts and decentralized applications;
  • “Ethereum protocol” — is the set of rules and specifications that define how the Ethereum network operates.
  • “Personal account” — shall mean an account with Starzz to be able to use the Website and participate in Token Sale;
  • “SRZ” — shall mean Starzz's native utility token. All information about SRZ provided in a separate document which is available at www.starzz.eu.
  • “Starzz Documents” — shall mean all documents, annexes and other relevant information regulating the use of the Website, SRZ, Our products, services and Token Sale. Such documents include but are not limited to the Whitepaper, Token Sale Agreement, Privacy Policy and these Terms and Conditions.
  • “Token Sale” — shall mean the sale of the SRz to User pursuant to the Token sale Agreement
  • “User” (or “You”, “Your”) — an individual who has accomplished the age of 18 (eighteen) (or another age which in light of their domestic law entitles the User to conclude legally binding agreements) and accepts this Agreement on their behalf, and has a Personal account;
  • “Privacy Policy” — a set of rules regulating the processing of personal data and privacy protection policies applied to Users. Privacy Policy constitutes a separate document which is s available at https://starzz.eu/en/privacy.
  • “Prohibited User” — (i) a natural person wishing to become a User and being a citizen, national, resident or having a similar connecting factor to; or (ii) a juridical person wishing to become a User and being incorporated, registered or effectively managed and controlled from or in: a country, jurisdiction or territory where the holding and use of SRZ and/or virtual currencies or other tokens at any other moment in time is prohibited by laws, regulations or other practices and policies in the said country, jurisdiction or territory, which is taken to include, but is not limited to the USA, South Korea, Cuba or any other jurisdictions where the aforementioned are prohibited. This shall include any person/s representing or acting on behalf of such restricted prohibited participant/s in any manner or capacity whether openly or covertly.
  • “Wallet” — an Ethereum-based digital wallet with a private key, or a combination of private keys and having a unique address and capable of accepting ERC20 tokens including SRZ and which is necessary to acquire, hold and dispose of SRZ.

THE SUBJECT MATTER

The Website provides User with general information about Our products, services and Token Sale. Users can use Our products, services and participate in the Token Sale only in case they are eligible for that under domestic laws in their jurisdiction and Starzz Documents.

The Supporterzz.com Platform as well as The Starzz Exchange, that are mentioned on the Website and in the Starzz Documents, fall outside of the scope of these Terms and Conditions as they are mentioned on the Website, in these Terms and Conditions and/or other Starzz Documents by way of reference only and are strictly not subject to provisions herein.

You may not use Our Website for any unlawful purpose nor may You violate any laws in Your jurisdiction.

TOKEN SALE ELIGIBILITY

You are not authorized to register a Personal account with Starzz and participate in the Token Sale unless all of the following are true:

  • You use Our Website and participate in the Token Sale at Your sole option, discretion and risk;
  • You are solely responsible for any applicable taxes or other legal liabilities which may be payable or arise while using Our Website or participating in the Token Sale;
  • You are at least 18 (eighteen) years of age or of other legal age, according to Your relevant jurisdiction;
  • You are not a Prohibited User;
  • You agree and will comply with provisions of this Agreement, Starzz Documents and all applicable local, state, national and international laws, rules, and regulations;
  • You can use Our Website and participate in the Token Sale if it is permitted under the laws of Your jurisdiction (country of permanent residence).

While You may always browse public-facing portions of the Website without registering with Us, in order to participate in the Token Sale, You must register a Personal account via Our Website. We may, in our sole discretion, refuse to open an account for You, or limit the number of accounts that you may hold (generally, one).

To register a Personal account You need to provide first and last name, and e-mail address.

Starzz carries out “know-your-customer” (hereinafter referred to as «KYC») checks before entering into a business relationship or conducting transactions with its Users. You agree to provide Us with any information We may request for the purposes of identity verification and so that We can, among other things, fulfill Our obligations to detect illegal activity such as money laundering, terrorist financing, and fraud. You also agree to permit Us to keep a record of such information. You will need to complete certain verification procedures before You are permitted to participate in the Token Sale. Your access to the Token Sale may be limited, altered, or refused as a result of information collected about You during the initial onboarding procedures and on an ongoing basis. The information We request may include certain personal information, including, but not limited to, Your name, address, e-mail address, date of birth, and a government-issued identification. In providing Us with this or any other required information, You confirm that the information is true, accurate, and complete. You agree to promptly update Your identity information upon any changes. You authorize Starzz and Our third-party service providers to make inquiries that We use to verify your identity or to protect You and/or Us against fraud or other financial crime, and to take all action as a result of such inquiries. You acknowledge and agree that Your personal information may be disclosed to check credit references and fraud prevention or financial crime agencies and that these agencies may respond to Our inquiries in full. Please note this is an identity check only and should have no adverse effect on Your credit rating.

After registering, You can log in to Your Personal account at Our Website with the email and password You provided during the creation of the Personal account.

If You lose Your Personal account password, it can be reset as long as You have control over the email address You have used for registration. You can reset the password using the relevant option on Our Website or by contacting customer support at info@starzz.eu.

You are responsible for the security of your Personal account and are fully responsible for all activities that occur through the use of your credentials. You agree to immediately reset Your login credentials and notify Us at dataprotection@starzz.eu if You are aware or believe Your Personal account has been hacked or compromised. The Company will not be liable for any loss or damage arising from unauthorized use of Your Personal account.

Upon receipt of such notice, We may, as it deems fit, block Your Personal account until the conclusion of investigations.

TOKEN SALE PARTICIPATION

All Users who have created a Personal account and successfully pass KYC checks are eligible to participate in the Token Sale.

Token Sale will be conducted under provisions of the Starzz Documents.

By participating in the Token Sale and/or holding and/or using SRZ at any moment in time, the User confirms that he has read, understood, agreed and accepts to be bound by these Terms and Conditions and relevant Starzz Documents, which shall immediately be effective and binding on and between the User and the Company.

PRIVACY

To use the Starzz and participate in the Token Sale, You may be asked to provide certain personal data. All the matters regarding Your personal data are governed by Our Privacy Policy; therefore, We recommend You, and You should ensure that You have read the Privacy Policy provisions carefully.

DELETING A PERSONAL ACCOUNT

A User can delete a Personal account at any time.

These Terms and Conditions survive the termination of a Personal account.

To delete Your Personal account send the relevant request to Our support team via info@starzz.eu. After receiving such a request by Our support team, We will delete Your Personal account as soon as possible.

We will delete all of Your Personal account information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.

Please be advised that upon deleting a Personal account, data created within Your account and added accounts will be deleted immediately and permanently and will be not recoverable thereafter.

LINKS

By using Our Website, You can follow different links to third-party websites, applications, or other products or services operated by other companies («Third-Party Services»). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms and Conditions, Privacy Policies and Cookie Policies. We are not responsible for the content or Policies of Third-Party Services and You access such Third-Party Services at Your own risk.

UNAUTHORIZED USE

You must not create accounts with the Website through unauthorized means, including, but not limited to, using an automated device, script, bot, spider, crawler, or scraper.

You shall refrain from any actions with the Website which in any respect:

  • are in breach of any law, statute, regulation, or by-law of any applicable jurisdiction;
  • are fraudulent, criminal, or unlawful;
  • are inaccurate or out-of-date;
  • are defamatory;
  • are abusive, insulting, or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred, or bigotry;
  • contain expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
  • impersonate any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of Us or any third party;
  • are contrary to Our interests;
  • are contrary to any specific rule or requirement that We stipulate on the Website;
  • involve the transmission of «junk» mail or «spam»;
  • contain any spyware, adware, viruses, corrupt files, worm programmes, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Starzz or otherwise.

These rules of conduct and a list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct We consider to be a violation of these Terms and Conditions or its improper performance and the appropriate action to take.

As a User, You agree that You are responsible for compliance with any applicable local laws that may apply to Your use of Our Website.

If We ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on Your behalf, We may terminate Your access to the Personal account and Our Website due to Your breach of these Terms and Conditions. You agree to reimburse Us for any expenses or costs, including consequential damages We or anyone else may have or may incur as a result of such a breach or unlawful act.

DISCLAIMER

To the maximum extent permitted under applicable law, Starzz services, Starzz materials and any product, service or other item provided by or on behalf of Starzz are offered on an “as is” and “as available” basis, and Starzz expressly disclaims, and You waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage. Without limiting the foregoing, Starzz does not represent or warrant that the Website, Starzz services or Starzz materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Except for the express statements, agreements and rules set forth in this Agreement, You hereby acknowledge and agree that You have not relied upon any other statement or agreement, whether written or oral, with respect to Your use and access of Starzz services. Without limiting the foregoing, You hereby understand and agree that Starzz will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of cryptocurrency price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) any damages incurred by other users’ actions, omissions or violation of this Agreement, (e) any damage caused by illegal actions of other third parties or actions without authorized by Starzz; and (f) other exemptions mentioned in disclaimers and Website rules issued by Starzz.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which You reside.

Under any circumstances SRZ tokens are not intended to constitute a digital currency, commodity, security, financial instrument or any other form of investment in any jurisdiction. Any information in the Starzz Documents shall not constitute a prospectus or offering and are not a solicitation for investment and do not constitute an offer of securities to the public or a collective investment scheme.

You understand and agree that to the extent that You are not a Prohibited User, it is solely up to You to ensure that, in the country where You are a citizen, national, resident or having a similar connecting factor, or incorporated, registered or effectively managed, no prior or subsequent approval, notification, registration or license is needed to participate in, acquire, hold and/or use SRZ. You understand that the Company assumes no liability for any inconsistency on your part with the above.

You understand and agree that SRZ carry no rights, whether express or implied, other than the right to use it for utility purposes as described in Starzz documents. Under no circumstances shall SRZ represent, constitute or confer any rights with respect to Starrz and/or its affiliates.

You understand and agree that Starzz shall not be liable for any speculative intention by You or from any third parties who attempt to hold SRZ for any other reason.

The Website may not be available in all languages or all countries, and We make no representation that the functionality of the Website would be appropriate, accurate, or available for use in any particular location. The Website’s availability is subject to change.

Users are aware that any transactions on the Website may be subject to disruption due to technical malfunctions, defects, or problems by reason or in connection with the network provider as they are conducted through telecommunication and data networks.

You accept that Starzz cannot guarantee the prompt delivery of any notifications or confirmations as they may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. This disclaimer constitutes an essential part of these Terms and Conditions.

ASSUMPTION OF RISK

By using the Website, participating in the Token Sale, acquiring, using and holding SRZ, You agree to accept the risks involved, including but not limited to the following:

Risk to lose Your SRZ tokens
As a Wallet is necessary to acquire, hold and dispose SRZ, there is risk to lose SRZ due to loss of private key/s, custodial error or User mistake. The User is solely responsible for setting up the Wallet with a third-party provider to hold SRZ and is responsible for implementing reasonable measures for securing the Wallet. Inappropriate security measures as for Wallet private key/s storage, protection from unauthorized access of any third-party may result in loss of User’s Wallet together with all SRZ holding there. Additionally, the User’s failure to follow precisely the procedures set forth in the Starzz documents for acquiring and receiving SRZ including but not limited to the provision of the wrong Wallet address for receiving SRZ may also result in the loss of its SRZ.

Risk of mining attacks
As with other cryptographic tokens based on the Ethereum protocol, (ERC20 tokens) SRZ are susceptible to attacks by miners in the course of validating SRZ transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Starzz and any SRZ usability, including but not limited to, accurate execution and recording of transactions involving Starzz.

Risk of hacking and security weakness
Hackers or other groups or organizations may attempt to interfere with SRZ in a number of ways, including, but not limited to denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks, and any such similar events which could have an impact on SRZ, the Starzz and any services the Company may offer from time to time.

Risk of security weakness in the smart contract
There is a risk that the smart contract as well as the Website or/and SRZ may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of SRZ. The source code of the Website could be updated, amended, altered or modified from time to time. The Company is unable to foresee or guarantee the precise result of an update, amendment, alteration or modification.

Risk of no listing or low/no liquidity
Even though there are currently online services available which enable exchange of cryptographic tokens with other such tokens or even enable the exchange of cryptographic tokens for fiat money, there are no warranties and/or guarantees that SRZ will be made available for exchange with other cryptographic tokens and/or fiat money, and no guarantees are given whatsoever with regard to the capacity and/or volume of such exchange/s. It shall be explicitly cautioned that such exchange, if any, might be subject to poorly-understood regulatory oversight, and the Company doesn´t give any warranties in regard to any exchange services providers. Users may be susceptible to fraud and disruptions affecting these exchanges.

Risks of an eventual unfavorable fluctuation of SRZ value
In addition to the usual market forces, there are several potential events which could exacerbate the risk of unfavorable fluctuation in the value of SRZ.

Risk of uninsured losses
Unlike bank accounts or accounts at some other financial institutions, SRZ are uninsured unless the User specifically obtains private insurance to insure them. Thus, in the event of loss of SRZ or loss of the SRZ value, there is no public insurer to offer recourse to the User

Risk associated with uncertain regulations

The regulatory status of tokens in general, initial token or coin offerings, and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory authorities may apply existing or future regulation with respect to such technology and its applications. Regulatory actions or changes to law and regulation could negatively impact SRZ and the Supporterzz.com Platform in various ways. The Company may cease operations or interrupt the availability and/or use of the SRZ tokens in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable or no longer viable to obtain the necessary regulatory approval/s to operate in such jurisdiction.

Risk of insufficient interest in SRZ and the Supporterzz.com Platform

It is possible that SRZ and the Supporterzz.com Platform will no longer be used by a large number of individuals, companies and other entities or that there will be limited interest in the use of SRZ and the Supporterzz.com Platform. Such a lack of use or interest could negatively impact the development of the Supporterzz.com Platform and therefore the potential utility of SRZ.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARZZ, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF STARZZ SERVICES, MATERIALS, TOKEN SALE, ANY PERFORMANCE OR NON-PERFORMANCE OF STARZZ SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STARZZ AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF STARZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF STARZZ’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold Us harmless including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliated companies or organizations, and any successors, assigns, or licensees, from and against any claims, actions, or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:

  • the breach of these Terms and Conditions by You or anyone using Your Personal account;
  • any claim, loss, or damage experienced from Your use or attempted use of (or inability to use) the Website;
  • Your violation of any law or regulation; or
  • any other matter for which You are responsible under these Terms and Conditions or law. You agree that Your use of the Website shall comply with all applicable laws, regulations, and guidelines.

TERMINATION

These Terms and Conditions are effective until terminated by either You or Us. Upon such termination, You will not be entitled to any refund. You may terminate these Terms and Conditions at any time, provided that You discontinue using Our Website and SRZ. If You violate these Terms and Conditions, Our permission for You to use the Website automatically terminates.

We, however, may, in Our sole discretion, terminate these Terms and Conditions and Your access to a Personal account, at any time and for any reason, without penalty or liability to You or any third party.

In the event of Your breach of these Terms and Conditions, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us.

The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Disclaimer, Limitation of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement, and Severability.

FORCE MAJEURE

We are not obliged to fulfill any obligation towards the User if We are hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which We are not responsible by virtue of the law, a legal act, or generally accepted practice.

Force majeure in this document is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which We have no influence and as a result of which We are unable to fulfill Our obligations (hereinafter - the “Force Majeure”).

Starzz has the right to invoke Force Majeure if the circumstances that prevent (further) performance of the Agreement occur after Our obligation should have been performed by Us.

We reserve the right to suspend Our obligations under this Agreement during the period that the Force Majeure lasts.

CHOICE OF LAW AND DISPUTE RESOLUTION

These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of St.Vincent and the Grenadines, excluding conflict of law provisions. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Stockholm. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Us about the subject matter hereof. Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.

SEVERABILITY

If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

ASSIGNABILITY

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Our prior written and explicit consent.

You agree that these Terms and Conditions, Privacy Policy and/or the Agreement between You and Us, in general, may be assigned by Us, in Our sole discretion, to any third party.

NOTICES AND ELECTRONIC COMMUNICATION

Any notice or other communication under these Terms and Conditions shall be in writing and shall be considered given and received when sent by email, text messaging, or notifications. The language of the communication shall be English.

CONTACT US!

Notices relating to these Terms and Conditions may be sent to Us by email. Please submit any notices to Us relating to these Terms and Conditions via email info@starzz.eu.