AGREEMENT TO
TERMS AND CONDITIONS OF USE
Last updated December 02, 2021
OVERVIEW
These Terms and Conditions of Use constitute a legally binding agreement made between you, whether personally or
on behalf or an entity (you) and Union Star Foundation e.V. ("Company, "we”, “us or our), concerning your
access to and use of the http:/www.unionstarfoundation.org website as well as any other media form, media
channel, mobile website or mobile application, donation forms related, linked, or otherwise connected there to
(collectively, the "site"). Any new features or tools which are added to the current site shall also be subject to these
terms and conditions. We are registered in Germany and have our registered office at Hochstraße 25, 46117
Oberhausen. Our registration number is VerR 5598. You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms of use,
then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last
updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please
ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site
from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
Our donations form is hosted on Donorbox.org and payments are processed by Stripe or PayPal. Donorbox provides
us with the online e-commerce platform that allows us to provide donation and payment services to you.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or
register to the Site.
You can review the most current version of the Terms and Conditions at any time on this page.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the site (collectively, the "Content") and the
trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and international conventions. The Content and
the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited tor any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and
the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
a. you have the legal capacity and you agree to comply with these Terms of Use;
b. you are not a minor in the jurisdiction in which you reside:
c. you will not access the Site through automated or non-human means, whether through a bot, script, or
otherwise,
d. you will not use the Site for any illegal or unauthorized purpose, and
e. your use of the Site will not violate any applicable law or regulation. If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that tor which we make the site available. The site
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
a. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly a
collection, compilation, database, or directory without written permission from us.
b. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
c. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that
prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the
Content contained therein.
d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
e. Use any information obtained from the site in order to harass, abuse, or harm another person.
f. Make improper use of our support services or submit false reports of abuse or misconduct.
g. Use the Site in a manner inconsistent with any applicable laws or regulations.
h. Engage in unauthorized framing of or linking to the Site.
i. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any
party's uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the site.
j. Engage in any automated use or the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools.
k. Delete the copyright or other proprietary rights notice from any Content
l. Attempt to impersonate another user or person or use the username of another user.
m. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (gifs), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware or
passive collection mechanisms" or "pcms").
n. Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the
site.
o. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the Site to you.
p. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion
of the Site.
q. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
r. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
s. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the site, or using or launching any unauthorized script or other software.
t. Use a buying agent or purchasing agent to make purchases on the Site.
u. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
v. Use the site as part of any effort to compete with us or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
w. Use the Site to advertise or offer to sell goods and services.
x. Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including
but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through
third-party websites. As Such, any Contributions you transmit may be treated in accordance with the Site Privacy
Policy. When you create or make available any Contributions, you thereby represent and warrant that:
a. The creation, distribution, transmission, public display, or performance, and the accessing, downloading or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
b. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the site to use your Contributions in any
manner Contemplated by the site and these Terms or Use.
c. You have the written consent, release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of
Use.
d. Your Contributions are not false, inaccurate, or misleading.
e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people
i. Your Contributions do not violate any applicable law, regulation, or rule.
j. Your Contributions do not violate the privacy or publicity rights of any third party.
k. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
l. Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap
m. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
n. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Data Privacy Notice and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the site. You are solely
responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any
Such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall
be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites'") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications software, and
other content or items belonging to or originating from third parties (Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any applications you use or
install from the site. Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
a. monitor the Site for violations of these Terms of Use,
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user to law enforcement authorities,
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion thereof;
d. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our systems; and
e. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review Our Data Privacy Notice: http:/www.privacypolicy.com. By
using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please
be advised the site is hosted in Germany. If you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then
through your continued use of the Site, you are transferring your data to Germany, and you agree to have your data
transferred to and processed in Germany.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of
these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and
use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including
without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any
applicable law or regulation. We may terminate your use or participation in the site or delete any content or
information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the site at any time or tor any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms
of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of Germany, and the use of the United Nations
Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the
EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the
law of your country of residence. Union Star Foundation e.V. and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Nordrhein-Westfalen, Germany, which means that you may make a claim to defend your
consumer protection rights in regards to these Conditions of Use in Germany, or in the EU country in which you
reside.
DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access here.
https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.
CORRECTIONS
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. you agree that your use of the site and our services will beat
your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with
the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. We make no warranties or representations about the accuracy or
completeness of the site's content or the content of any websites linked to the site and we will assume no liability or
responsibility for any
a. errors, mistakes, or inaccuracies of content and materials,
b. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the
site,
c. any unauthorized access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein,
d. any interruption or cessation of transmission to or from the site,
e. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third
party, and/or
f. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a
result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a
third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or
other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between
you and any third-party providers of products or services. As with the purchase of a product or service through any
medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect,
consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or
other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding any thing to the contrary contained herein, our liability to you for any cause whatsoever and
regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain US
State laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain
damages. lf these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you
may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys fees and expenses, made by any third party due to or arising out or:
g. use of the Site,
h. breach of these Terms of Use,
i. any breach of your representations and warranties set forth in these Terms of Use;
j. your violation of the rights of a third party, including but not limited to intellectual property rights, or
k. any overt harmful act toward any other user of the Site with whom you connected via the Site
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the site, as
well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any Such data, and you hereby waive any right of
action against us arising from any Such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all donations made
through this web site, Donorbox, Stripe or PayPal. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the site or in respect to the Site constitute
the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate as a waiver of such right or provision. I these Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Tems or Use and the lack or signing by the parties
hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please
contact us at
Union Star Foundation e.V.
Hochstraße 25
46117 Oberhausen
Germany
unionstarfoundation@gmail.com