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STARZ REAL ESTATE WEBSITE TERMS OF USE

Last updated May 2018

WHO WE ARE AND HOW TO CONTACT US

Thank you for visiting starzrealestate.com (“website”). The website is operated by Starz Real Estate, a trading style of Starz Mortgage Capital Ltd, a company registered in England and Wales under company number 11063059, with its registered office at Suite 1, 3rd Floor 11 – 12 St. James’s Square, London, United Kingdom, SW1Y 4LB (“Starz”, “we” or “us”).

We operate an investment fund which focuses on advancing loans secured by commercial real estate located in Europe.  To contact us, please email: team@starzrealestate.com.

 

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By using the website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the website.

We recommend that you print a copy of these terms of use for future reference.

Please also refer to our Privacy Policy, which sets out how we handle your personal data.  By “personal data” we mean any information any information that enables us to identify you, directly or indirectly, including by reference to an identifier such as a name, an identification number, location data, an online identifier or other identifying factors.

 

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time. Please check these terms to ensure from time to time to ensure you understand the terms that apply at that time.

 

WE MAY MAKE CHANGES TO OUR WEBSITE

We may update or change the website from time to time to reflect changes to our products and services, our users’ needs and our business priorities.

 

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

We own, or are the licensee of, all intellectual property rights in the website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the website for your use and you may draw the attention of others within your organisation to content posted on the website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as authors of the website’s content must always be acknowledged.

You must not use any part of the content on the website for commercial purposes without our prior written consent.

If you print off, copy or download any part of the website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

DO NOT RELY ON INFORMATION ON THIS WEBSITE

The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. The website is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this website should be construed as a recommendation, by Starz, any affiliate of Starz or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.

You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the website.

Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the website content is accurate, complete or up to date.

Under no circumstances should any material on the website be used or considered as an offer to sell or a solicitation of an offer to buy any security, future or other financial product or instrument, including any interest in any investment fund sponsored or managed by Starz or any affiliate or any investment advisory services offered by Starz or any Starz affiliate.

Access to information about the investment funds managed by, or advisory services offered by, Starz is limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.

All materials on the website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, we do not exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in separate terms and conditions.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the website; or
  • use of or reliance on any content displayed on the website.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

Subject to the foregoing, in no event shall our total liability arising under these terms, whether arising out of or in relation to breach of contract, tort (including negligence) or otherwise, exceed £250 (two hundred and fifty pounds).

 

ACCEPTABLE USES

Prohibited Uses. In addition to the other limitations discussed in these terms of use, because all servers have limited capacity and are used by many people, the following requirements apply to your use of the website: (a) you will not use any electronic communication feature of the website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the website for any commercial purpose not expressly approved by us in writing; (e) you will not transmit any advertising or promotional materials or any other form of solicitation or unauthorised communication; (f) you will not transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you may not use the website in any manner that could damage or overburden any server used by us, or any network connected to any Starz server; (h) you may not use the website in any manner that would interfere with any other party’s use of the website; and (i) you may not use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with our business.

 

MEANS OF ACCESS

The website is generally intended to be viewed by a conventional web browser. Although you may use other means to access the website, be aware that the website may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the website.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the website. You should use your own virus protection software.

You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

 

NO OFFER OF EMPLOYMENT

The website does not constitute an offer or promise of employment with respect to any employment position described on this website. Without notice, Starz may eliminate, modify or change any aspects of any employment position described on the website. This website does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to Starz shall be solely in accordance with the specific terms of such employment offer, not the terms of the website.

 

UNSOLICITED IDEAS

We welcome client feedback. However, our policy is not to accept or consider unsolicited ideas from outside the Starz group of companies. Should you submit an idea to Starz, despite Starz’s policy, Starz will treat the information as non-confidential and non-proprietary and Starz and its affiliates will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.

 

RULES ABOUT LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of the website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the website other than that set out above, please contact team@starzrealestate.com.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of England and Wales.