Terms of contract stardustday

General

These terms of contract regulate the rights and duties connected with the use of the portal „stardustday“ owned by stardustday e.U. (in the following referred to as „stardustday“) and the user in connection with the utilization of the portal „stardustday“.

The terms of contract of stardustday apply exclusively, supplemented by the terms and conditions of DigiStore 24 for contract processing. The terms and conditions of Digistore 24 GmbH can be retrieved at www.digistore24.com/page/terms. These terms of contract are also valid if stardustday renders services knowing of the user’s contradicting terms or terms deviating from ours.

Upon conclusion of contract via the service provider DigiStore 24 GmbH, the user acknowledges these terms of contract.

Conclusion of contract

The offer is only aimed at persons who are at least 18 years of age.

The contract takes effect after the conclusion of the contract and payment via the website of the service provider www.digistore24.com and after a confirmation by stardustday to the user in written form (email).

Contract content is the chosen service package ("paintbox"). The functions contained in the package can be retrieved at www.stardustday.com/pricing anytime.

The user has the option to print these terms of contract by use of the printer function of the browser.

There is no entitlement to the conclusion of a contract for the user. stardustday is at liberty to decline any offer of a user regarding the conclusion of a contract without giving reasons.

Services of stardustday and availability of services

stardustday provides an online service to users by utilization of which the user can build, edit and administer a personal wedding website („stardustday-site“, „site“). The portal permits the user to use prefabricated templates, to adapt the design and to upload own content.

Content and scope of the services are determined by the respective contractual agreements and by the functionalities provided by the websites of the portal „stardustday“.

stardustday is entitled at any time to change or cease any free of charge services or services agains payment made available on the portal and make new services available free-of-charge against payment. Services against payment available at the conclusion of the contract will be renderd until the end of the contract period. Services against payment do not have to be renewed by stardustday at the end of the contract period.

stardustday endeavours to provide services as free as possible from interruptions. However, the user acknowledges that for technical reasons due to outside influence (i.e. interruption of power supply, inavailability of communication networks, hardware and software failures) an uninterrupted availability of the stardust-sites may not be feasible.

Any stardustday-sites created by the user will be published on the internet using an automatically generated subdomain or a subdomain chosen by the user. The user is not authorized to show the stardustday-site in an external website (i.e. integration of iframe or frame). stardustday reserves the right to take technical measures to prevent the integration into external sites or not to show the page.

All stardustday-sites overall use data compiled by help of Google Analytics. stardustday uses the information gained for quality assurance, to debug and to increase the user-friendliness of the offered services. stardustday reserves the right to us other systems for web-analysis – details on this as well as further information can be found in the data privacy declaration.

stardustday reserves the right to use services of third parties in any extent. Details on the services used can be found in the data privacy declaration..

Duties of the user

The user is obligated to provide truthful personal information within the framework of the services purchased.

The user is obligated to observe the applicable legislation while using the services of stardustday.

The user is obligated to keep the login data secret. If the user has reason to believe that unauthorized third parties gained or could gain access to the login data, stardustday must be informed immediately. Furthermore, the user is then obligated to change the password with immediate effect.

The user is exclusively responsible for all contents stored on the personal stardustday-websites. stardustday does not review the contents in terms of completeness, accuracy, lawfulness, up-to-dateness, quality and suitability for a certain purpose.

Contents published by the user are processed by stardust on instruction (“processor”). Therefore the user allows stardustday to

save the contents on the stardustday-server as well as to publish them and especially to make them publicly available (e.g. showing the contents on the internet site of stardustday)
process and reproduce the contents if necessary for the provision or publication of the respective contents.

The user declares and guarantees to stardustday to be the owner of all rights regarding the personal contents published on the portal “stardustday” or to be otherwise entitled (e.g. by written consent of the rights holder) to publish the contents on the internet site stardustday and to adhere to the rights of use and exploitation following the previous paragraph (4.5).

stardustday reserves the right to refuse the publication of contents and/or to edit, block or delete contents published by the user if the publication of these contents by the user or the contents themselves lead to a violation of these terms of contract or if concrete evidence shows that a serious violation of these terms of contract is pending. In doing so, stardustday will show consideration towards the legitimate interest of the user and take relative measures to fend off and/or eliminate the violation of the terms of contract.
For purposes of reviewing the published contents stardustday is entitled to access password-protected sites.

The user may only use the contents of the design-templates (graphics, pictures, texts, layouts, fonts) for the personal stardustday-website. A publication of these contents elsewehere like for example on other internet-platforms, in printmedia or on physical products is not permitted. It is expressly prohibited to use the stardust-website on other IT-systems and to use it on another server.

Further duties arising from other provisions of these terms of contract remain unaffected.

Forbidden actions

The services available on the portal “stardustday” are exclusively designed for the non-commercial utilization by the users or – if publicly accessible – for visitors of the internet-site of stardustday. Any use for or in connection with commercial purposes is forbidden to users or third parties unless such utilization was explicitly granted by stardustday in written form.
Forbidden commercial purposes are in particular:

all offers and promotions of content, services and/or products of the user and third parties against payment,
all offers, promotions and implementation of activities with a commercial background like prize competitions, lotteries, exchange deals, advertisements or snowball systems, and
all electronic or other collections of identity- and/or contact-data (including email-addresses).

The user is not allowed to conduct any actions on or in connection with the portal stardustday, which are contrary to applicable legislation, the rights of third parties or the principles of youth protection legislation. Forbidden actions are in particular:

the placement, distribution, offer and advertisement of services and /or products of pornographic nature, or violating youth protection legislation, data protection legislation or other legislation and/or fraudulent contents;
the use of contents by which other users or third parties are defamed;
the use, provision and distribution of contents, services and/or products which are protected by law or encumbered by rights of third parties (e.g. copyright) without explicit entitlement.

These duties also apply for the hyperlinks inserted by the user on the private stardustday-site (“links”, “references”) to contents of this kind on external platforms or in external services.

Furthermore, the following activities are forbidden on the website of stardustday (e.g. by linking) independent of a possible violation of the legislation:

spreading of viruses, Trojans and other malware;
sending out junk- or spam-mails as well as chain letters;
distributing offensive, indecent, sexually influenced, obscene and defamatory contents or communications as well as of contents or communications promoting or supporting racism, fanaticism, hatred, physical violence or unlawful acts or otherwise transgressing standards of public decency;
harassing others, i.e. by repeated personal contact without or opposing the reaction of the other party as well as the promotion or support of harassment of this kind;
prompting others to disclose passwords or personal data for commercial or illegal purposes (phishing);
publishing, distributing, offering and advertising bonus systems, popup-services, paid4mail-services, snowball systems or other similar forms of marketing and/or advertisement;
offering lotteries or sports betting;
brokering of loans or private credits;

Furthermore, any actions impairing the smooth operation of the stardustday system or causing a disproportionately high strain on the systems of stardustday are forbidden.

Blocking of sites

stardustday can block the access to services temporarily or constantly if concrete evidence arises that the user violated these terms of contract and/or violated applicable legislation or if stardustday has a legitimate interest in blocking the site.

In the decision about blocking a site stardustday will adequately take the legitimate interests of all parties involved into account.

Prices and terms of payment

stardustday offers services in various free of charge options and options against payment. Services against payment will be shown to the user in connection with the actual service and can be paid using the methods of payment shown in the order process.

Where appropriate, stardustday will have the payment and invoicing outsourced to other service providers. stardustday has established contractual arrangement with the service providers to carry out the services according to the specificatins of stardustday.

If the payment process is handled by DigiStore24 GmbH ("digistore24.com"), payments can only be made via paypal, direct debit, Visa or Mastercard or by bank transfer. After entering the payment data on digistore24.com and verification of payment a confirmation will be shown on the screen and the user will receive a payment confirmation on behalf of DigiStore24 via email. The processing of payment is done using the terms of use of DigiStore. Thus, the payment is immediately due upon conclusion of the contract.
Terms and conditions of DigiStore ⋅ Data Privacy Declaration Digistore ⋅ Revocation instruction of DigiStore ⋅ Contact with Digistore

stardustday is entitled to shut down the website of the user and to block stardustday accesses if the fees are not paid.

Should a payment result in a reverse booking by the user, stardustday reserves the right to shut down the respective stardustday-site and to cancel the respective contract.

Fees charged to stardustday by reverse bookings, chargebacks or opening of a dispute can be charged to the user. For questions regarding a payment made the user can contact hello [at] stardustday [dot] com in advance.

After the end of the contractual relationship stardustday is no longer obligated to deliver the services as stipulated in the contract, stardustday will block the user’s access to the personal stardustday-site and irrevocably delete all data of the user on the server.

Beyond the legal requirements, stardustday offers a 60-day money back guarantee starting with the day of your order. Should you wish to make use of this guarantee within this time, please use the respective option in the account menu or send your explicit declaration to: hello [at] stardustday [dot] com . stardustday will refund your payment within 14 days to the payment method with which the payment was made.

Release from liability

The user shall release stardustday of all claims third parties my demand from stardustday because of a breach of the user of legal regulations, rights of third parties (especially personal right, copyright and trademark law) or of contractual duties, warranties or guarantees including the charges for possibly necessary legal defence (lawyer’s fees and legal costs in the statutory amount).

In case of the assertion of a claim following paragraph 8.1, the user is obligated to immediately and fully contribute to fact-finding and to provide stardustday with the necessary details in suitable manner.

Liability limitation

stardustday is liable without limitation for intentional damages or damages caused by gross negligence in connection with rendering the contractual services.

stardustday is liable without limitation for slight negligence in case of damage from the violation of life, body or health.

For services free of charge liability exceeding the facts mentioned in paragraphs 9.1 and 9.2 does not exist.

Furthermore, stardustday is only liable in connection with rendering services against payment if we violated an essential contract obligation. Designated essential contract obligations are those duties whose performance mainly facilitates the orderly performance of the contract and on whose fulfilment the user can rely on regularly. In such cases the liability is limited to the compensation of the foreseeable, typically occurring damage, for a maximum, however, to the amount of an annual compensation for the respective stardustday-website.

If stardustday’s liability is not excluded from or limited by the aforementioned regulations, this also applies to agents employed by stardustday.

Liability pursuant to product liability law shall remain unaffected.

Data protection

stardustday ensures that personal data of users is only collected, saved and processed if necessary for the contractual performance and permitted by legal regulations or stipulated by the legislator.

In case that within the framework of the use of services of the service provider declarations of consent according to privacy law are gathered from the user, attention is drawn to the fact that the user can revoke those with effect for the future at any time.

If and as far as the user processes or has personal data processed on IT-systems within the responsibility of stardustday a data processing agreement shall be concluded.

More information on data protection and on purpose, kind and scope of the collection, processing and use of personal data can be found in the privacy policy which can be retrieved using the following link “Privacy Policy”. There you will also find information on the cookies and services used by stardustday.

Final provisions

The law of the Federal Republic of Austria shall apply with the exclusion of UN international trade law.

If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contractual relationship shall be the provider’s place of establishment.

For deviations resulting from translation, the German version shall prevail.

Read the fine print