TERMS AND CONDITIONS OF USE
Welcome to http://www.star-sandiego.com/
. Each use by you shall constitute and be deemed your unconditional acceptance of the most current version of this Agreement.
. Please be aware that, by their nature, data transmissions via the Internet are not 100% secure. Therefore despite our efforts to protect personal information, complete security cannot be guaranteed. You acknowledge that any data transmission is at your own risk.
3. Ownership. All content included on this Website, including but not limited to members information, documents, logos, graphics, sounds and images (the "Materials") are owned either by STAR or by third party authors, developers, or vendors under license. All materials included on this Website are and shall continue to be the property of STAR, or its content suppliers and is protected under applicable copyright, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website or the products purchased through this Website.
4. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 13. Children under the age of 13 are not authorized to use this Website. Your membership may be terminated if we believe you are under the age of 13.
5. Trademarks. STAR and STAR-San Diego and others marks used on this Website are either trademarks or registered trademarks of STAR. Other company names mentioned on this Website may be trademarks of their respective owners.
6. Website Use. STAR grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for advertising, soliciting, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Any use not authorized hereunder, must be separately authorized in writing. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials or our services in violation of any law. The use of this Website is at the discretion of STAR and STAR may terminate your use of this Website at any time.
7. Conduct. You agree not to use or allow others to use the information provided on this Website to engage in any of the following:
- Transmitting any content or Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Transmitting any content or material that you do not have a right to transmit under the law or under contractual relationships;
- Violating any applicable law or regulation;
- Impersonating any person, or misrepresenting your relationship or affiliation to a person or entity.
- Using any means, including but not limited to robots, scripts, agents, spiders to access, monitor or harvest any information from any part of the Website;
- Any action that damages or disrupts the Website or function of the Website or services provided through the Website;
- Harassing or advocating the harassment of another person;
- Transmission of “junk mail”, “chain letters”, advertising, "infomercials", "surveys", or unsolicited mass mailing or “spamming”;
- Promoting information known by you to be false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promoting an illegal or unauthorized copy of another person’s copyrighted work;
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
- Commercial activities, advertising, and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
8. Links to Third Party Websites. This Website may contain links to websites controlled by parties other than STAR (the "Third Party Websites"). STAR is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Websites or any website accessed from a Third Party Website, or any changes or updates to such websites. STAR is not responsible for any form of transmission received from any Third Party Website. STAR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by STAR of the Third Party Website. You acknowledge that you bear all risks associated with access to and use of content or services provided on Third Party Websites and agree that STAR is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such links or the content located on a Third Party Website.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
THE INFORMATION AND SERVICES AVAILABLE ON THIS WEBSITE 1) MAY CONTAIN ERRORS; 2) ARE SUBJECT TO PERIODS OF INTERRUPTION AND 3) ARE PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. STAR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL STAR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Indemnity. You agree to indemnify and hold STAR, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the message boards on the Website, the violation of these terms and conditions by you, or the infringement by you, or other users of the message boards using your computer, of any intellectual property or other right of any person or entity. STAR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Russell Davis, who can be reached as follows.
445 Marine View Ave., Suite 300
Del Mar, CA 92014
By Phone: 858-793-1220
By e-mail: firstname.lastname@example.org
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Term and Termination. This Agreement including modifications shall remain in full force and effect while you use the services and while you are a member. STAR may terminate this Agreement at any time, with or without notice, for any reason.
20. Contact Information.
Attn: Russell Davis
445 Marine View Ave., Suite 300
Del Mar, CA 92014
21. Force majeure. STAR and its collaborators and affiliates cannot be held responsible for any delay or malfunction brought about directly or indirectly by causes outside the control of STAR. This includes, but is not limited to: malfunctioning of STAR technical equipment, broken connection to Internet or telephone lines, computer viruses, unauthorized access to STAR system, operation errors, strike etc.