StarDesk Website Terms of Use

By accepting these terms and conditions set forth below (“Terms of Use") you signify that you have read, understood and agreed without limitation or qualification, to be bound by the Terms of Use. Therefore, before accessing or using the StarDesk website (“StarDesk"), you should carefully read these Terms of Use.

If you do not wish to be bound by our Terms of Use, you may not access or use StarDesk. Your use of StarDesk is tantamout to your acceptance of our Terms of Use.

Star Alliance Services GmbH (“Star GmbH") may change the terms and conditions herein at its sole discretion, in whole or in part, at any time, and such modification shall be effective immediately upon posting of: (i) the changed terms on StarDesk and (ii) a notification alerting users to the fact that the Terms of Use have been changed. Your continued use of StarDesk after any such changes have been made available on StarDesk and notified constitutes your acceptance of the new Terms of Use.

1. Registration, Accounts and Passwords

To register, you agree to provide accurate and current information as required by the registration process and to promptly update such information as necessary to ensure it is kept accurate and complete.

You agree to be responsible for: (a) maintaining the confidentiality of the password which you have chosen for registration, and (b) your activities that occur under your password and your account. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password or account. Further, you agree to notify Star GmbH of any unauthorized use of your password or account. Star GmbH shall not be responsible or liable, directly or indirectly, in any way for any losses or damages or other liabilities incurred as a result of, or in connection with, your failure to comply with this Section 1.

2. Intellectual Property Rights

The contents contained in StarDesk, including, but not limited to text, graphics, and icons, are protected by international copyright law according to their respective owners. You may access and download the materials for your use in learning about, evaluating, or acquiring Star GmbH or Star Alliance member carriers' information, services, or products. No other permission is granted to you, or anyone acting on your behalf, to copy, reproduce, republish or distribute the materials on this website, without prior written approval from Star GmbH.

This website may contain Star GmbH and/or Star Alliance member carriers' name, trademarks, service marks and/or trade name. Such trademarks may not be used in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owners.

3. Users' Obligations

3.1. You acknowledge that StarDesk is a social utility that connects you with other Star Alliance member carrier employees including their suppliers worldwide to present, collaborate and exchange information to be used for the benefit of Star GmbH and/or the Star Alliance member carriers. You agree not to use StarDesk for any other purposes especially for commercial, political, religious or other non-Star Alliance related purposes, including but not limited to selling, reselling, distributing, transferring, sharing or other commercial activity.

3.2. You acknowledge that all discussions or disclosures of the following types of information are PROHIBITED:

a. All exchanges, discussions and/or disclosures in or through StarDesk of the following types of information, except when such information has otherwise been made public outside StarDesk through no wrongful act, including a violation of these Terms of Use, or when the StarDesk administrator has advised that such exchanges, discussions or disclosures are legally permissible:

Individual StarDesk user's (“User") or Star Alliance member carrier's: prices, rates, charges or surcharges; costs, discounts, rebates, bonuses and other factors affecting the end-price; intentions regarding increasing, reducing or reallocating capacity (including entering or exiting market sectors), and; information on individual customers.

b. All disclosures, publications or sharing of materials, content or other information available on StarDesk in whatever form to any parties not authorized to view or otherwise access such materials for whatever reason, including, but not limited to, the lack of authorization to access StarDesk altogether, or particular folders, spaces, groups or other subdivisions of StarDesk within which such materials have been stored, shared, discussed and/or otherwise been made available. This clause shall not apply with respect to materials, content or other information in whatever form available on StarDesk that: (i) is either publicly available in its absolute entirety through no breach of these Terms of Use, in substance or form, either by you or by any other User or non-User, or; (ii) the disclosure, publication or sharing of which has been approved by the StarDesk administration, at its unfettered discretion.

3.3. You agree not to:

  • collect email addresses or other contact information of other StarDesk User by electronic or other means for the purposes of sending unsolicited emails or other communications;
  • email another User or publish any content that Star GmbH deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, indecent, fraudulent, invasive of privacy rights, hateful, or racially, ethnically or otherwise objectionable;
  • email to another User unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself;
  • use or attempt to use another User's account, without authorization, or create a false identity on StarDesk;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person;
  • use StarDesk in any unlawful manner or in any other manner that could damage, disable, overburden or impair StarDesk;
  • defame, abuse, harass, threaten, intimidate another or otherwise violate the legal rights of others;
  • make publicly available any private information available on StarDesk;
  • make available on StarDesk any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware equipment;
  • make available content that would constitute, encourage or provide instructions for a criminal offence or give rise to civil liability, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • breach any applicable local and international law(s) including but not limited to competition and cartel law (if in doubt, contact your legal department of your company); and
  • disclose any other sensitive commercial or proprietary information that you would normally not disclose to a competitor of your employer.

3.4.You acknowledge that you are solely responsible for any material you post on StarDesk. This means that you have full responsibility for the content, including its legality, reliability, appropriateness, originality, and copyright. You agree that you will not post any material which infringes or violates any third party's rights.

4. Termination

Star GmbH may terminate your account, delete your profile or any content that you have posted or displayed on StarDesk or prohibit you from using or accessing StarDesk for any breach or violation of these Terms of Use, with or without notice.

5. Indemnification

You agree to indemnify, defend and hold harmless Star GmbH and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from your use of StarDesk and/or any violation of these Terms of Use.

6. Disclaimer

ALL MATERIALS AND INFORMATION ON THIS WEBSITE ARE FOR GENERAL INFORMATION PURPOSES ONLY. STAR GMBH OR STAR ALLIANCE MEMBER CARRIERS (INCLUDING WITHOUT LIMITATION THEIR RESPECTIVE SUPPLIERS) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE MATERIALS OR ANY INFORMATION ON THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE ACCEPT NO RESPONSIBILITY FOR ANY LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL AND PUNITIVE DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

7. Privacy

Your use of the StarDesk website will require and entail your provision of certain information that may be deemed personal in nature, including the information you provided to register and obtain access onto the StarDesk website. Such information is collected, processed and used for the control and authentication of access to the content stored onto and shared through the StarDesk website, as well as for the sharing of the contact details and information of and among the employees of member carriers and other related stakeholders who use StarDesk. Information relating to your activity in StarDesk, such as content uploaded or exchanged from/with/by you, may also be collected, processed and used. Such information is not intended to be shared with, sold or provided to other Parties, save to the extent that the development and hosting of StarDesk may be provided by Third Parties required to comply with any and all applicable regulations concerning, among others, data protection. By accepting these terms and conditions you are deemed to have consented to the collection, processing and use of such information as described herein.

8. Links

StarDesk may contain links to other websites provided by a third party. Star GmbH have no control over the content of those sites and Star GmbH expressly disclaims any responsibility for such third party websites or the presence of links to other websites on StarDesk, which must be uploaded in conformity with this agreement.

9. Severability

In case any provision of the Terms of Use is, or shall become, or shall be declared illegal, invalid or unenforceable in any jurisdiction for any reason (including the provisions of any legislation or decision of any competent authority) such part shall be severed from the Terms of Use in the jurisdiction in question and such contravention, illegality, invalidity or unenforceability shall not in any way whatsoever prejudice or affect the remaining provision of the Terms of Use.

10. Governing Law

The Terms of Use of this website shall be governed by and construed in accordance with the laws of Germany, excluding its conflict of laws provisions. The courts of Frankfurt/Main, Germany, shall have exclusive jurisdiction as far as legally permitted.

Star Alliance Services GmbH

Legal Department

November 2016

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