1.1. What services are covered by this Agreement?
StarWarsTracker.com, the desktop Java Star Wars Tracker rich internet application (RIA), your Star Wars Tracker account, smart phone and tablet versions of the software. Together, these are collectively referred to as the "Star Wars Tracker Services".
1.2. What terms must I abide by when using the Services?
Our aim is to create a fun, informative, useful and secure application which is run with integrity and professionalism. To achieve this, we require that, when using the Services, users abide by these terms ("this Agreement"). You must not use the Services in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity.
1.3. How do I accept this Agreement?
By providing the opportunity of subscribing for the Services, Narrow Street Studios makes an offer to you. Continuing with sign up automatically opts you into these terms and conditions and they constitute a valid agreement between you and Narrow Street Studios. By using or accessing the Services, you confirm you agree to abide by this Agreement, without modification by you. If you don't agree, you may not use the Services.
1.4. Can Narrow Street Studios change this Agreement after I've accepted it?
Yes. We'll inform you if we intend to change this Agreement. We may change the terms of this Agreement if: (i) it is necessary due to applicable law, including, but not limited to, a change of such law; (ii) it is necessary due to an advice and/or order based on applicable law; (iii) the equivalence ratio between service and consideration is disordered; (iv) it is necessary from a technical point of view; (v) it is necessary to ensure the operation of the Services (vi) the terms will be changed to the advantage of the user. We'll inform you of the intended change before it takes effect, either through the Star Wars Tracker website, in an email message, or through other reasonable means. We'll provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. If you don't cancel the Services within the 30 days, you thereby agree to the change of this Agreement. We'll also expressly point to this fact when informing you about the intended change of this Agreement.
1.5. What types of changes can I expect to the Services?
We continuously work to improve the Services, in order to improve or update its functionalities, introduce new features or adapt the Services, and may change the Services or delete features in that respect at any time, including, without limitation, if our agreements with third parties no longer permit us to make their material available, if it's no longer feasible for us to provide it, the technology advances, or if customer feedback indicates a change is needed. We'll notify you in advance of material changes to the Services. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work. We will also notify you in advance if a change to the Services will cause you to lose your Content (as defined later). You may cancel the Services at any time in accordance with the usual termination conditions.
1.6. What age do I have to be to use the Services?
By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by the terms of this Agreement. If you don't know whether you have reached the age of majority where you live, or don't understand this section, please don't create an account before you have asked your parent or legal guardian for help. If you're the parent or legal guardian of a minor that creates an account, you accept this Agreement on the minor's behalf and are responsible for all use of the accounts or Services, including subscription purchases, whether the minor's account is now dormant or activated at a later date.
2.1. What is a Star Wars Tracker account?
A Star Wars Tracker account is a right that lets you sign in to Star Wars Tracker services. Specifically this gives you access to launch and use the Star Wars Tracker rich internet application desktop software, any smart phone/tablet versions of the software, and to manage your account details through the main Star Wars Tracker website. When you create a Star Wars Tracker account, we ask you to provide a user name (being your email address that will be also used for any communications) and password. The username you choose will be unique to you for as long as your Star Wars Tracker account is still active. In the event your Star Wars Tracker account is closed either by you or by Narrow Street Studios pursuant to the terms of this Agreement, the user name (email address) may be available for use by another user. You are responsible for keeping your account information and password confidential. If your Services are cancelled, we reserve the right to delete your account content (as defined below) associated with your Star Wars Tracker account.
2.2. What if I can't access my Star Wars Tracker account?
If you've forgotten your password or otherwise can't access your Star Wars Tracker account, you can recover your Star Wars Tracker account by resetting the password through the Star Wars Tracker website functionality. In general, if you are having any issues/problems using your account please get in touch with the support email - we want to help.
2.3. What if I obtained my Star Wars Tracker account from someone other than Narrow Street Studios?
Narrow Street Studios doesn't permit users to transfer their Star Wars Tracker accounts, or otherwise share accounts amongst other users. If this activity is suspected, Narrow Street Studios reserves the right to suspend an account to investigate further which may ultimately lead to account closure.
3.1. Who owns my Content that I put on the Services?
You do. The contents of your account are your "Content" and, we don't claim ownership of the Content you provide on the Services. Your Content remains your Content, and you're responsible for it. Specifically, your "Content" is the information (including uploaded images) you add into portfolio lists, wish lists and any personal preferences you setup on your account. This includes any information contained in descriptions of items that may contain sensitive personal data.
3.2. Who can access my Content?
Only you can access your "Content". You represent and warrant that for the duration of this Agreement you have (and will have) all the rights necessary for the Content you upload on the Services and that the use of the Content , as contemplated in this paragraph, won't violate any law or rights of third parties.
3.3. What does Narrow Street Studios do with my Content?
In short, we store your "Content" within Star Wars Tracker and make it available only to yourself when logged into the service. We have no functionality to share your Content with other users, and likewise you can not view other users Content. Narrow Street Studios uses and protects your Content as outlined in the Privacy Statement (as defined in section 2).
3.4. What type of Content or actions aren't permitted?
In order to protect other users and the Services, we have established this Code of Conduct governing the use of the Services. Content or actions that violate this Agreement aren't permitted. i. Don't use the Services to do anything illegal. ii. Don't engage in any activity that exploits, harms, or threatens to harm children. vi. Don't engage in activity that is harmful to the Services or others (e.g. viruses, re-engineering the software Services to provide unintended functionality, degrade the Services through unpublished, unintended, unauthorized manners such as denial of service attacks, or attempting access to server functionality through home crafted scripts and computer applications that have not been provided by Narrow Street Studios) vii. Don't infringe upon the rights of others viii. Don't engage in activity that violates the privacy of others.
3.5. Can Narrow Street Studios remove my Content from the Services?
Yes. We reserve the right to deny Content or remove it from the Services at any time if we believe that it violates applicable law or this Agreement or if technical reasons permit it to maintain services for the greater good.
4.1. What happens if I don't abide by this Agreement?
If you culpably violate this Agreement, and continue to breach the relevant obligation after receipt of a notice to stop the breach within an appropriate and reasonable time frame, we may take action against you including (without limitation) asking you to refrain from certain activities, removing your Content from the Services, suspending or canceling your access to the Services, disabling your Star Wars Tracker account, and/or referring such activity to appropriate authorities. This provision doesn't affect our additional legal rights to cancel this Agreement immediately for good cause. This includes if you violate a material obligation of this Agreement. Material obligations cover any obligations which need to be fulfilled in order to properly perform this Agreement, which enable to reach the goals of this Agreement and where the users generally can assume that those obligations will be fulfilled according to the sense and the content of this Agreement. The removal of Content and cancellation of the Services implies the deletion or disassociation of information and Content associated with your Star Wars Tracker account. Information and Content will be deleted or disassociated and therefore made irretrievable.
4.2. Are there other ways I could lose access to the Services?
Yes. If we cancel a paid Service outside of any qualifying reasons in clause 4.1, we will refund to you on a pro-rata basis the amount outstanding worked out on a monthly basis. For example, if you have paid for 12 months subscription, running January to December and we cancel your subscription during July, you will be entitled to 6 months refund (July -> December). If you sign up and then cancel your recurring subscription, we reserve the right to suspend or cancel your Service. We will honour any time you have paid for, but will disable access to the services at any time you are no longer in "credit". As a special case, if you cancel your subscription during the initial free trial period before any payments are made, then we may disable your access earlier than the full-term of the trial period as our administration processes facilitate.
4.3. How can I cancel the Services?
You may cancel the Services associated with your Star Wars Tracker account at any time and for any reason. The easiest way is to cancel your subscription agreement within PayPal directly. We will get notification of this event and can take the necessary measures on our side to reflect cancellation of the services. Alternatively, simply send us an email to email@example.com and we will close down your account.
If you're cancelling your Services, the quickest means of eliminating your Content on the Services is to manually remove it from the various components of the Services (for example, manually delete your portfolio lists and wish lists) before you lose access to the services. However, please note that Content associated with a closed account may still remain on our systems for a period of time, which may be indefinitely. We exercise this option to allow previous customers to restart their dormant accounts and retain their existing content in the future. If we do undertake the process of removing content associated with a cancelled account, you hereby explicitly consent to such necessary data processing.
Note that service cancellation initiated by you, the customer, is not entitled for a pro-rata refund for any leftover unused time of subscription. So if you plan to cancel a subscription, please do so in advance of your next scheduled payment being taken.
4.4. What happens if my Services are cancelled?
If your Services are cancelled (whether by you or us), your right to use the Services stops immediately and your license to use our software ends. You should then uninstall the software. If your Services are cancelled, we may delete your Content (as defined above) that is associated with your Star Wars Tracker account, unless the law requires us to keep it. We are under no obligation to return your "Content" to you once your services are cancelled.
5.1 Do you guarantee 100% uptime for the Services?
We strive to keep the Services up and running all the time; however, all online services suffer occasional disruptions and outages. Star Wars Tracker is no exception to this. We provide the Services to the best of our ability working in conjuction with other third party contractors and providers. Bearing this in mind, our goal is to of course offer 24/7 uptime of Star Wars Tracker.
5.2 Do you guarantee continuous coverage of the price guide data?
We strive to maintain the weekly continuous coverage of the price guide data, but there is no guarantee. Forces outside of our control may dictate that periods of time pass where no new price guide data is collected. This aspect of the overall Tracker service is provided as best efforts and under no circumstances does a lapse in price collecting qualify as "loss of service" to warrant any form of compensation.
6.1. What terms govern the software that is part of the Services?
Any software provided by us to you as part of the Services is subject to the terms of this Agreement. The software is licensed, not sold, and Narrow Street Studios reserves all rights to the software, price guide data and other components that go together to make the systems that are the Services. This Agreement governs the website you're viewing.
6.2. How can I use the software that is provided as part of the Services?
We grant you the right to install and use the rich internet application desktop software on any number of personal computers that are capable of running Java Webstart applications, use of the Star Wars Tracker website, use of the smart phone / tablet versions of the software on your appropriate devices. But only if you comply with all other conditions in this Agreement.
6.3. Are there things I can't do with the software or Services?
Yes. In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the software or Services or disassemble, decompile, or reverse engineer any software or other aspect of the Services that's included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or Services for use on different devices; publish, copy, rent, lease, or lend the software or the Services; or transfer the software, any software licenses, or any rights to access or use the Services. You may not use the Services in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network. You may not enable access to the Services and any data by unauthorized third-party applications, whether written by you or anyone else.
You may not retrieve and store price guide data for personal use outside of the delivery mechanism of the Services, publish or make publicly available said price guide data or otherwise use this data outside of the provided means of access that forms part of your Star Wars Tracker account.
6.4. How is the software updated?
We automatically and routinely update the software that make up the Services. This is done to constantly improve and enhance the Service to our users. This is done at no extra charge to you.
You may be prompted to accept such updates subject to these terms unless additional or other terms accompany the updates. If you accept, those other terms will apply to the updated software and, if you decline to accept the other terms applicable to the updates, you may not use or receive the updates. If you aren't prompted to accept any additional or other terms in order to receive an update, this Agreement will cover the update. Narrow Street Studios isn't obligated to make any updates available.
6.5. Can I opt out of a software update and stay on an earlier version?
No, updates are applicable to everyone at the moment of update. If for some technical reason which can not be resolved, you can no longer use the Services then you have the right to terminate your Star Wars Tracker account using the usual means.
In respect of these terms and conditions, Force Majeure Event means an event beyond the reasonable control of Narrow Street Studios including but not limited to strikes, industrial disputes, (whether involving the workforce of Narrow Street Studios or any other party), failure of electricity provider or transport network, act of God, World War, civil unrest, rebellion uprisings, malicious damage, vandalism, compliance with any law or governmental order, accident, breakdown of computer hardware, fire, flood, hail, storm or default of suppliers or subcontractors, or disturbances/awakenings in the Force.
Narrow Street Studios shall not be liable to users of Star Wars Tracker as a result of any delay or failure to provide the Services as a result of a Force Majeure Event
If the Force Majeure Event prevents Narrow Street Studios from providing any of the Services for more than 3 months, Narrow Street Studios shall, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the user.
WE PROVIDE THE SERVICES AS IS, WITH ALL FAULTS AND AS AVAILABLE. WE DON'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU HAVE ALL WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.