TERMS OF USE

USE OF THIS STARBUCKS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND STARBUCKS CORPORATION (D/B/A STARBUCKS COFFEE COMPANY) ("STARBUCKS") GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

Eligibility

The Application may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them.

Apple Terms and Conditions; Starbucks Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and other Starbucks policies posted at www.starbucks.com (“Starbucks Website”). If any of the provisions of the Apple Terms and Conditions or the any applicable Starbucks policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application. 

User License

Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad or iPod Touch (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

User Information 

Some functionality of the Application, including location based services and functionality, may require the transmission of information provided by the User including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to a Starbucks Card or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks, or its agents and authorizes Starbucks and its agents to record, process and store such User Information as necessary for the Application functionality and for purposes described in the Starbucks Privacy Policy (located at www.starbucks.com/customer/privacy.asp). 

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application or any other breach of security. Starbucks shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with Application. 

Acceptable Use

Use of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Starbucks or Content that is not authorized by Starbucks; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Starbucks or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Starbucks computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Starbucks servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks reserves the right, in its sole discretion, to terminate any User License, remove Content or assert legal action with respect to Content or use of the Application that Starbucks reasonably believes is or might be in violation of these terms of Acceptable Use or Starbucks Policies including the Starbucks Card Terms of Use, but Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks and its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Starbucks, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

No Warranties

STARBUCKS IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, STARBUCKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. 

In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Starbucks sole responsibility.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.

Marks, Application and Content

Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.

Governing Law and Jurisdiction

These Terms are governed by the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts in the United Kingdom for purposes of any legal action arising out of or related to the use of the Application or these Terms. 

Third Party Beneficiary

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

Changes

Starbucks reserves the right to change or modify these Terms or any other Starbucks policies related to use of the Application at any time and at its sole discretion by posting revisions on the Starbucks Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications. 

Contact Starbucks

Any questions, complaints or claims regarding the Application should be directed to:

Starbucks Coffee Company
Customer Care (CCCCommunications@starbucks.com)
2401 Utah Ave. S
Seattle, WA 98134
Phone: 1-206-447-1575
Fax: 1-206-318-3432