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Arbortree Creations Ltd (“JobStars™ App”) is pleased to provide to you its sites, software, applications, content, products and services (“JobStars™ Services”), which may be branded under the JobStars™ App (“App”) or www.jobstars.rocks website (“Site”) brand.
These terms govern your use and our provision of the JobStars™ App and Site on which these terms are posted, as well as the JobStars™ App we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the JobStars App.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
This is a contract between you and Arbortree Creations Ltd., an Irish company located in Dublin, Ireland, or between you and any different service provider identified for a particular JobStars™ Service. You must read and agree to these terms before using the JobStars™ Services. If you do not agree, you may not use the JobStars™ Services. These terms describe the limited basis on which the JobStars™ Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some JobStars™ Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the JobStars™ Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the JobStars™ Services. If you do not agree to any change to these terms, you must discontinue using the JobStars™ Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the JobStars™ Services) if you fail to comply with any provision of these terms.
The JobStars™ Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the JobStars™ Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.
The JobStars™ and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the JobStars™ Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the JobStars™ Services may be used or exploited in any way other than as part of the JobStars™ Services offered to you. You may own the physical media on which elements of the JobStars™ Services are delivered to you, but we retain full and complete ownership of the JobStars™ Services. We do not transfer title to any portion of the JobStars™ Services to you.
If a JobStars™ Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any JobStars™ Service; decompile, reverse engineer, disassemble or otherwise reduce any JobStars™ Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any JobStars™ Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any JobStars™ Service in violation of United States or European Union export control and economic sanctions requirements. By acquiring services, content or software through the JobStars™ Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
THE JOBSTARS™ SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
The JobStars™ Services are constantly evolving and will change over time. If we make a material change to the JobStars™ Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
We do not allow uses of the JobStars™ Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any JobStars™ Service or connected network, or interfere with any person or entity’s use or enjoyment of any JobStars™ Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a JobStars™ Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the JobStars™ Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
If you access a JobStars™ Service using an Apple iOS or Android, Apple Inc. or Google, Inc. respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the JobStars™ Services. You agree that your access to the JobStars™ Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the JobStars™ Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain JobStars™ Services may be prohibited or restricted by your network provider and not all JobStars™ Services may work with your network provider or device.
The JobStars™ Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the JobStars™ Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and any subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a JobStars™ Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some JobStars™ Services permit or require you to create an account to participate. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email address, passcode or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the JobStars™ Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
You are responsible for taking reasonable steps to maintain the confidentiality of your email address and passcode or password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your email, passcode or other account information, or of any other breach of security that you become aware of involving your account or the JobStars™ Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Sales are made by Arbortree Creations Ltd. or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the JobStars™ Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
If you choose a Child to become a Premium member of JobStars™, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by JobStars™) (“Payment Method”). You may switch to a different Payment Method or update your information by contacting us by email at firstname.lastname@example.org. You will immediately be charged for the Child’s membership fees after you click “Submit” on the confirmation page and their account will be activated to “JobStars™ Premium Member” status. You agree to pay all membership fees and other charges incurred in connection with your email address and passcode for your JobStars™ account.
You may elect to pay a Child’s membership fees on a monthly or annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize JobStars to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the Site or App. JobStars™ reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. From time to time, we may offer a free trial subscription for a JobStars™ Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.
We may make applications, games, software or other digital content available on the JobStars™ Services for you to license for a set period of time via a paid Premium Membership. When purchasing a license to access such material from a JobStars™ Service, charges will be disclosed to you on the JobStars™ Service before you complete the license purchase.
Your purchase of a Premium Membership is a payment for a limited, non-assignable license to access and use such content or functionality in the JobStars™ Services. These items or functionalities are not redeemable or subject to refund and cannot be traded outside of the Jobstars™ Services for money or other items for value. We may modify or discontinue Premium Memberships at any time.
You may cancel the Premium membership by visiting your “Account” page and selecting the relevant Child and selecting “Downgrade” or by contacting us at email@example.com. The cancellation of a membership will go into effect at the end of your current billing cycle, and the Child will have the same level of access to the App and Site through the remainder of such billing cycle. When the Premium membership ends, your elected Child will enter “JobStars™ Free” mode. No refunds or credits will be provided by JobStars™ upon cancellation. You can renew the Child’s subscription at anytime if you decide to upgrade to Premium membership at a later date.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the JobStars™ Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by contacting firstname.lastname@example.org.
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a JobStars Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for ensuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Competitions that you enter on a JobStars™ Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered user of the JobStars™ Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Notifications of claimed copyright infringement and counter notices must be sent to our address:
The JobStars App
Arbortree Creations Ltd.
2nd Floor Chamber building,
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the JobStars™ Services that are reported to our address, identified above, in accordance with the applicable laws.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Your privacy and that of your Children is critically important to us. We at Arbortree Creations Ltd. (“JobStars™ App”) have a few fundamental principles:
We collect two basic types of information – personal information and anonymous information– and we may use personal and anonymous information to create a third type of information, aggregate information.
Arbortree Creations Ltd. will be the data controller for your information. Arbortree Creations Ltd. will use this information to:
We will not share your personal information outside of Arbortree Creations Ltd. except in limited circumstances, including:
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Your controls and choices may include:
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our site and applications. Some of the features on our site and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
To register on our App and website a user must confirm they are 16 years old or older. To register the Grownup User must verify an email address which again acts as a barrier for children to register.
Once an account is registered, that registered Grownup User can add a child with a minimum of the Child’s Alias, a Date of Birth, Gender, Town/City and Country. You have the choice to tell us the Name (we strongly advise to supply no more than a first name). You may also supply your Alias with regard to that child.
Certain activities on our application allow children to create or manipulate content and save it on the JobStars™ App. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent.
We never contact a Child directly, rather we will always go through the Grownup User’s email address. Instances where the need to contact a Child may arise if they won a weekly raffle.
In order for a Child to connect with another Child within the App we require the Registered Grownup User(s) to click on a Connect button. This function is protected by a Passcode chosen by the Grownup User.
In order for another registered Grownup User to connect and follow a Child on the App they must be given a Connection Code from the Registered Grownup User(s).
No Registered Grownup User can directly connect with a Child. Invitations can only be sent by the Child’s Registered Grownup User(s). Invitations cannot be requested within the App or Website.
We have an In-App messaging system which a Child can communicate with Connected Friends and Registered Grownups. There is a higher level of protection in that any Connection must be approved by the Registered Grownup User(s) with Parental Rights over the Child before any message can be sent. Messages are limited to Hi5 (thumbs up symbol) or to standard iOS Emoticon symbols.
We hold a free weekly raffle to help motivate Children. To participate we ask for no additional information about the Child. We only contact the Grownup via email for more personalized information for prize-fulfillment purposes when the child wins the Raffle.
We will never contact a Child via email or in any other direct manner. Any contact will always go through the Grownup.
When children interact with us, certain information may automatically be collected, both to make our sites and applications more interesting and useful to children and for various purposes related to our business. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This data is principally used for internal purposes only, in order to:
Please contact us at the mailing address or email below with questions about the our privacy policies and collection and use practices:
The JobStars App
Arbortree Creations Ltd.
2nd Floor Chamber building,
In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
At any time, Registered Grownups Users can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service.
Grownups have two ways they can access, change, or delete the personally identifiable information that we have collected from their children:
The JobStars App
Arbortree Creations Ltd.
2nd Floor Chamber building,