Terms & Conditions
These Terms apply to users of, including visitors to, our Site.
IF YOU DO NOT AGREE TO ANY PART OF THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT, YOU MAY NOT USE OUR SITE AND ANY OF OUR SERVICES.
1. GENERAL TERMS & DEFINITIONS
1.1 The Service is a marketplace for ordering personalized video messages and other products and services offered by EFFRO PTE. LTD. operating in Singapore with UEN 201430949M, doing business as GUESTSTAR (“we”, “us”, or “GUESTSTAR”).
1.2 GUESTSTAR offers a service that brings celebrities (“Stars”) and their fans (“Users”) together, in which Stars create videos upon the general specification of the Users (each, an “GUESTSTAR Video”).
1.3 The Agreement governs your use of the Service, including through the Site, mobile application, relevant Third Party Sites and through the services we provide. “You” refer to you as a user of the Service.
1.4 You must be at least thirteen (13) years old to use our Service. However, you should be at least eighteen (18) years old or the age of majority in your jurisdiction in order to make a purchase on the Service. If you are under eighteen (18) years old or under the age of majority in your jurisdiction, then you may not make a purchase on the Platform unless you have the permission of an adult. If you are under eighteen (18) years old, you may browse our Service. However, you may not provide personal information to us, make a purchase on the Service nor register on the Service. This Service is not directed to children under thirteen (13) years old. By accessing or using the Service, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
1.5 By using our Service or otherwise indicating your acceptance (for example, agreeing by creating or when logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not access or use our Service.
1.6 We reserve the right to make changes to any part of this Agreement at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. By continuing to use the Service after such notice, you agree to this Agreement as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right at any time and without notice, at our sole and entire discretion to:
- modify, suspend or terminate the Service or any portion thereof;
- restrict, limit, suspend or terminate your access to the Service or any portion thereof;
- delete any content you post on the Service if in our reasonable opinion it does not comply with this Agreement and/or applicable laws;
- monitor your use of the Service (including any content or message you post or broadcast on the Service) to verify compliance with this Agreement and/or any applicable laws;
- investigate any suspected or alleged misuse or unlawful use of the Service and cooperate with law enforcement in such investigation;
- disclose information about your use of the Service in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
- change the payment or payout processor that enables you to make or receive payments as a User.
1.8 From time to time, we may restrict access to some parts of the Service, or the entire Service, to Users.
1.9 You may not post or send unlawful, hateful, discriminatory, violent, infringing, abusive, harassing, derogatory, nude, partially nude, pornographic, or sexually suggestive photos or other content via the Service.
1.10 You are responsible for all activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, GUESTSTAR prohibits the creation of the creation of an account for anyone other than yourself. You also represent that all information you provide to GUESTSTAR upon registration and at all other times will be true, accurate, current and complete and that you will update your information as necessary to maintain its truth and accuracy.
1.11 You agree that you will not solicit, collect or use the login credentials of other users of the Platform.
1.12 You are responsible for keeping your password secret and secure.
1.13 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, identity numbers, non-public phone numbers or non-public email addresses.
1.14 You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content (defined below in Clause 1.16), including but not limited to, copyright laws.
1.15 You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
1.16 You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or GUESTSTAR.
1.17 You must not create or submit unwanted email, comments, likes, reactions or other forms of commercial or harassing communications (a.k.a “spam”) to any GUESTSTAR users.
1.18 You must not interfere with or disrupt the Service, operation of the Service, systems, servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page or any content related to the Service is rendered or displayed in a user’s browser or device.
1.19 You must not create accounts with the Service through unauthorized means, including but not limited to, the use of an automated device, script, bot, spider, crawler or scraper.
1.20 You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of any part of this Agreement.
1.21 Violation of these Terms of Service may, at GUESTSTAR’s sole discretion, result in the termination of your GUESTSTAR account. You understand and agree that GUESTSTAR cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of any part of this Agreement, or otherwise create risk or possible legal exposure for GUESTSTAR, we can stop providing all or part of the Service to you.
1.22 We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your GUESTSTAR account by sending an email to: firstname.lastname@example.org. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your Content, which may include videos, photos, comments, likes, friendships, and all other data will no longer be accessible through your account. The materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
1.23 Upon termination, all licenses and other rights granted to you in any part of this Agreement will immediately cease.
1.24 We reserve the right to refuse access to the Service to anyone for any reason or for no reason at any time.
1.25 We reserve the right to force forfeiture of any username for any reason.
1.26 We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates any part of this Agreement.
1.27 You are solely responsible for your interactions with other Users of the Service, whether online or offline. You agree that GUESTSTAR is not responsible or liable for the conduct of any user.
1.28 GUESTSTAR reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you request, submit, or post Content or any personal or other information.
1.29 Except as otherwise permitted under this Agreement or with our express permission, you may not copy, display, distribute, or otherwise use individual elements of videos, or edits of videos, or remove or alter any watermarking or attributive text generated in connection with the videos.
1.30 You agree that you are responsible for all data charges that you incur through the use of the Service.
1.31 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, photos, and videos (except as may be the result of standard search engine protocols or technologies used by a search engine with GUESTSTAR’s express consent).
2. GUESTSTAR VIDEOS, DISTRIBUTION & OWNERSHIP RIGHTS
2.1 Through our Service, you have the opportunity to purchase personalized video content (“GUESTSTAR Video”) from celebrities in the fields of athletics, acting, performance, and social influencers (each a “Star”). You may submit a request for an GUESTSTAR Video to a Star through our Service personalised for you or personalised for a third party that that you identify as a recipient (“Recipient”). In submitting a request you agree not to use a false identity or provide false information. You agree not to use our Service if you have previously been removed or banned from our Service.
2.2 You acknowledge and agree that the Star has sole discretion to determine how to fulfil your request and to decide on the content of the GUESTSTAR Video created (and may not follow your request exactly). The Star has up to three (7) days (at the Star’s sole discretion) to accept or decline your request. Once your request is fulfilled by a Star, your payment account will be charged the amount specified on the Star’s booking page on our Service at the time you made your request. You may not return or exchange any GUESTSTAR Videos. No refunds will be issued. We reserve the right to reject any request in our sole discretion.
2.3 You acknowledge and agree that the rights in and to each GUESTSTAR Video is not owned by you, but by the Star who created it, or by any other person the Star has assigned the rights thereover to.
2.4 Subject to your payment in full for each GUESTSTAR Video you request, the Star hereby grants to you certain rights to use the Star’s Video solely for your own personal, non-commercial, and non-promotional purposes, namely: a non-exclusive, royalty-free, worldwide, revocable licence to use, reproduce, distribute, and publicly display that GUESTSTAR Video, in any and all media, whether now known or hereafter invented (for example, on social media platforms) for non-commercial purposes. GUESTSTAR Videos are licensed to you and are not sold to you. You may not sell, re-sell, or encumber your rights in any GUESTSTAR Video, or attempt to do so. You may use a GUESTSTAR Video only in accordance with the terms of this Agreement. We may terminate all or part of the foregoing license at any time for any reason. We reserve the right to remove any GUESTSTAR Video from our Service at any time for any reason without any notice to you. Without prejudice to the generality of the foregoing, GUESTSTAR grants you the limited, revocable permission, subject to the restrictions in this Agreement, to engage in the following personal uses of the GUESTSTAR Video that include the ability to share Materials with others (“Social Distribution”): (i) sending Materials to friends or acquaintances or posting and displaying a copy of Materials on a personal, non-commercial website, provided that you do not charge for access to the GUESTSTAR Video or associate any GUESTSTAR Video with advertising; or (ii) posting and displaying a copy of the GUESTSTAR Video on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website’s terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising. If you breach any of the provisions of the Agreement, the permissions granted in the Agreement are immediately terminated. If you engage in Social Distribution, you agree that you will not post any performance claims about any GUESTSTAR Video through your Social Distribution and that only GUESTSTAR may make claims, promises or statements on behalf of GUESTSTAR about its products and services. You also agree that you will not imply that you and GUESTSTAR or any GUESTSTAR brand are affiliated in any way or that GUESTSTAR approves of your Social Distribution. Except as otherwise permitted by this Agreement, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of any GUESTSTAR Video. GUESTSTAR may, and reserves the right to, revoke your permission and licence for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Materials.
2.5 You acknowledge and agree that you have no expectation of privacy with respect to any GUESTSTAR Video requested by you, and that you will not make any request that infringes on the privacy or other rights of a third party. You acknowledge that the GUESTSTAR watermark on each GUESTSTAR Video must remain intact and you agree not to edit, change, modify, or remove the watermark from any GUESTSTAR Video or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of an GUESTSTAR Video or assist or encourage any third party to do so. If you breach any provisions of these Terms, your licence to use the GUESTSTAR Video granted under Clause 2.4 immediately terminates and you must promptly remove all copies of the GUESTSTAR Video in your possession or control, including on any social media platform; notify any Recipient of the termination and need to remove all copies; and take any other action we reasonably request to assist in locating and removing any copy of the GUESTSTAR Video, including identifying each Recipient.
2.7 You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable licence, in any and all manner and media, whether now known or hereinafter invented (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Service, developing and improving our products and services, and advertising, marketing, and promoting our Service and our products and services: (i) any request (video, text, or otherwise) that you make to any Star; (ii) any information concerning you or any Recipient; and (iii) any content or material furnished to a Star by you for the making of the GUESTSTAR Video.
2.9 Some of the Service may from time to time be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that GUESTSTAR may place such advertising and promotions on the Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
2.10 You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trade mark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Service; and (iv) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
2.11 The Service contains GUESTSTAR Content. GUESTSTAR Content is protected by copyright, trade mark, patent, trade secret and other laws, and, as between you and GUESTSTAR, GUESTSTAR owns and retains all rights in the GUESTSTAR Content and the Service. The compilation (meaning the collection, arrangement and assembly) of all Content and Materials (as later defined) is also the exclusive property of GUESTSTAR and is protected by Singapore and international copyright laws. You will not remove, alter or conceal any copyright, trade mark, service mark or other proprietary rights notices incorporated in or accompanying the GUESTSTAR Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the GUESTSTAR Content or Materials. Any unauthorized use of text or images may violate Singapore and international copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither GUESTSTAR nor its affiliates warrant or represent that your use of content, Services, or any other Materials will not infringe rights of third parties.
2.12 The GUESTSTAR name and logo are trademarks of GUESTSTAR and may not be copied, imitated or used, in whole or in part, without the prior written permission of GUESTSTAR, except in accordance with our brand guidelines, which you can request by emailing us at email@example.com. In addition, all page headers, custom graphics, button icons and scripts, product names, and the domain name for GUESTSTAR are service marks, trademarks and/or trade dress of GUESTSTAR, and may not be copied, imitated or used, in whole or in part, without prior written permission from GUESTSTAR.
2.13 Although it is GUESTSTAR’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
2.14 GUESTSTAR reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by GUESTSTAR, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, GUESTSTAR encourages you to maintain your own backup of your Content. In other words, GUESTSTAR is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. GUESTSTAR will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
2.15 You agree that GUESTSTAR is not responsible for, and does not endorse, Content posted within the Service. GUESTSTAR does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.
3. FEES & PAYMENT
3.1 Some of the features of the Service, including the request for the creation of GUESTSTAR Videos, other digital products, services, memberships and subscriptions (collectively, “Products and Services”), and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process.
3.2 Fees. The fee for an GUESTSTAR Video is specified on the Star’s booking page on our Service at the time you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request.
3.3 Payment. You may request an GUESTSTAR Video by using a valid credit or debit card, or payment method accepted through the third party payment provider on www.gueststar.asia.
3.4 For each GUESTSTAR Video requested on www.gueststar.asia , you must provide our third party payment provider with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by the payment provider). Your payment provider agreement governs your use of your credit or debit card, and you should refer to that agreement and not to this Agreement to determine your rights and liabilities. You acknowledge and agree that GUESTSTAR does not operate, own or control any payment provider used by GUESTSTAR, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. You also agree to immediately notify the payment provider of any change in your billing address (or other information) for the credit or debit card account you use for payment. By providing your debit or credit card number and associated payment information, you agree that GUESTSTAR may place a pre-authorization hold on your card and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no notice to or consent from you.
3.5 If a request for an GUESTSTAR Video cannot be or has not been fulfilled within seven (7) days, GUESTSTAR will make a full refund for the amount charged to the requestor within 7-10 working days.
3.6 All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION.
3.7 All products or Services are final and non-refundable. All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the billing address. No customers are eligible for tax exemptions for purchases made on the Service.
3.8 If a request for an GUESTSTAR Video is fulfilled by a Star but GUESTSTAR is not successfully paid, or paid only in part, by the requestor due to refunds, charge-backs, disputes, fraud, discounts, promotions, or other events which caused GUESTSTAR to not retain payment (in whole or in part) for the transaction, GUESTSTAR will only pay the Star based on the amount GUESTSTAR successfully collected.
3.9 Payment Queries. If you have a question about a charge to your credit or debit card or alternate payment method used, please promptly contact us at firstname.lastname@example.org. We have the sole discretion to determine how billing disputes will be resolved. You agree to comply with the terms of the third party payment provider selected by us, which is subject to change at our discretion.
3.10 In the event of payment disputes, GUESTSTAR reserves the final rights on decision making. We will make reasonable efforts to achieve customer satisfaction.
4. ACCEPTANCE, MEDIATION & REFUNDS
4.1 Within seven (7) days following notification from GUESTSTAR that a video can be downloaded, Users have the opportunity to raise a dispute by emailing email@example.com. Following the expiry of the 7 day period, the video is considered accepted on the part of the fan.
4.2 A User can report a video as disputed when he is of the opinion that it does not correspond to the desired specifications. It is hereby to be observed that the Star is not obligated to follow all of the User’s specifications, but only the content important for the purpose of the video (occasion, addressing of the recipient, etc.).
4.3 If a video is reported as disputed, GUESTSTAR decides on the procedure. If GUESTSTAR concludes that the video fulfils the desired purpose and does not contain any inappropriate content, the User is obligated to accept the video and no refund shall be issued to the User. In the event that GUESTSTAR decides that the User’s complaint is justified the contract shall be revoked and the payment shall be refunded to the user within thirty (30) days. The User acknowledges that GUESTSTAR’s decision in the scope of mediation is final and binding on all parties.
6 OTHER PROVISIONS
6.1 Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of Singapore, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to this Agreement will be filed only in the courts located in Singapore. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
6.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from this Agreement and will not affect the enforceability of any other provision.
6.3 No Waiver or Amendment: The failure by GUESTSTAR to enforce any right or provision of this Agreement will not prevent GUESTSTAR from enforcing such right or provision in the future and will not be deemed to modify this Agreement.
6.4 Assignment: GUESTSTAR may, at any time, assign its rights and obligations under this Agreement, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
6.5 Force Majeure: Under no circumstances will any GUESTSTAR Party (as the term is defined in Clause 8 hereinafter) be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any GUESTSTAR Party.
7. TERMINATION AND RESERVATION OF RIGHTS
You may stop using our Service at any time. You may cancel your Service account at any time by contacting us at firstname.lastname@example.org. We reserve the right to terminate access to our Service to any person, including you, at any time, for any reason, at our sole discretion. If you violate any of these Terms, your permission to use our Service automatically terminates.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless GUESTSTAR and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors (each, an “GUESTSTAR Party,” and collectively, “GUESTSTAR Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including legal fees and costs on an indemnity basis) of any kind or nature arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of any part of this Agreement by you or anyone using your Service account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Service account; (c) your negligence, misconduct, or fraud; (d) any Submission; (e) any action or inaction by you or anyone acting on your behalf; or (f) to the fullest extent permitted by applicable law, relating to your use of our Service. GUESTSTAR will have the right to select lawyers to be paid for by you in connection with any indemnification by you. You will reasonably cooperate with us in connection with any indemnification matters.
9. DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY
9.1 You acknowledge and agree that your use of our Service is at your own risk and that our Service is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the GUESTSTAR Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.
9.2 In particular, the GUESTSTAR Parties make no representations or warranties about the accuracy or completeness of content available on or through our Service or the content of any social media platform or third party website linked to or integrated with our Service. You acknowledge and agree that the GUESTSTAR Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Service; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of the use of any content posted or shared through our Service.
9.3 You acknowledge and agree that any material or information downloaded or otherwise obtained through our Service, including any GUESTSTAR Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Service, including through an GUESTSTAR Video, will create any warranty not expressly made by us.
9.4 You acknowledge and agree that when using our Service, you will be exposed to content from a variety of sources, and that GUESTSTAR is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any GUESTSTAR Party with respect thereto.
9.5 To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any GUESTSTAR Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not GUESTSTAR has been advised of the possibility of such damages.
9.6 To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by GUESTSTAR from you during the twelve (12) months preceding the claim giving rise to such liability.
9.7 Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
9.8 You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between GUESTSTAR and you.