StarGlissona – Terms of Use

AGREEMENT TO OUR LEGAL TERMS

We are Website (‘Company’, ‘we’, ‘us’ or ‘our’) .

We operate the website (the “Site”) and all other related products and services that reference or link to these Legal Terms (the “Legal Terms”) (collectively, the “Services”).

__________

You can contact us by email at or by post at .

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will notify you in advance of any planned changes to the Services you use. The modified Legal Terms will be effective upon posting or notification by as indicated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified Terms.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES 2. SERVICES INTELLECTUAL PROPERTY RIGHTS 3 . USER REPRESENTATIVES 4. USER REGISTRATION 5. PRODUCTS 6. PURCHASES AND PAYMENT 7. RETURN/REFUND POLICY 8 . SOFTWARE 9. PROHIBITED ACTIVITIES 10. USER-GENERATED CONTRIBUTIONS 11. CONTRIBUTION LICENSE 12. GUIDELINES FOR AUDITS 13thSOCIAL MEDIA

14. SOCIAL MEDIA WEBSITES AND THIRD PARTY CONTENT 15. SERVICE MANAGEMENT 16thDATA PROTECTION

17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PRIVACY NOTICE AND POLICY 18. TERM AND TERMINATION 19. CHANGES AND INTERRUPTIONS 20. APPLICABLE LAW 21. DISPUTE RESOLUTION 22. CORRECTIONS 23. DISCLAIMER 24. LIMITATIONS OF LIABILITY 25. COMPENSATION 26. USER DATA 27. USER DATA ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES 28. CALIFORNIA USERS AND RESIDENTS 29. MISCELLANEOUS 30. CONTACT US

1. OUR SERVICES

The information provided while using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so you may not use the Services if your interactions would be subject to such laws. You may not use the Services in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained in the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”).

Our content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

your use of our services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access; solely for your personal, non-commercial use or internal business purposes.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please direct your request to: . If we ever grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that any copyright or proprietary notices appear or are visible when publishing, reproducing or displaying our Content.

We reserve all rights not expressly granted to you in the Services, Content and Marks.

Any violation of these intellectual property rights will constitute a material breach of our legal terms and your right to use our Services will immediately terminate.

Your submissions and contributions

Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the (a) rights you grant to us and (b) the obligations you have when you post or upload Content through the Services.

Submissions: By directly sending us questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submission and shall be entitled to unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features where you may create, submit, post, display, transmit, publish, distribute, or send content and materials to us or through the Services, including but not limited to text, writings, video, audio, photos, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Contribution that is posted publicly will also be treated as a Contribution.

You acknowledge that Contributions may be viewed by other users of the Services and may be viewed through third party websites.

When you post Contributions, you grant us a license (including to use your name, trademarks, and logos): By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, rename, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including without limitation your likeness, name, and voice) for commercial purposes, advertising, or otherwise; to create derivative works of your Contributions or to incorporate them into other works, and to sublicense the licenses granted in this section. Our use and distribution may be in any media formats and through any media channels.

This license includes the use of your name, company name, and franchise name, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social media accounts, you: acknowledge that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload or transmit through the Services or publish any Contributions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, fraudulent or misleading; to the extent permitted by applicable law, waive all moral rights in such Submissions and/or Contributions; warrant that such Submissions and/or Contributions are original with you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above rights with respect to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute Confidential Information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to indemnify us for any losses we may suffer as a result of your violation of (a) this Section, (b) any third party’s intellectual property rights, or (c) any applicable law.

We may remove or edit your content: Although we have no obligation to monitor any postings, we have the right to remove or edit any postings at any time without prior notice if we believe, in our reasonable opinion, that such postings are harmful or violate these Legal Terms. If we remove or edit such postings, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We strive to display as accurately as possible the colors, features, specifications and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications and details of the products are accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue products at any time and for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

visa
Mastercard
American Express
PayPal

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price when we deem it necessary. We reserve the right to change prices at any time.

You agree to pay all charges at the then current prices for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

7. RETURN/REFUND POLICY

Please read our Return Policy posted on the Services before making any purchases.

8. SOFTWARE

We may provide software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. All software and related documentation are provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risks associated with the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors unless specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us or other users, particularly in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm us and/or the Services in our opinion.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Misuse our support services or submit false reports of abuse or misconduct.
Use of the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from all Content.
Attempt to impersonate another user or person or use another user’s username.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Use a shopper or purchaser to make purchases through the Services.
Any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavor or commercial enterprise.
Using the Services to advertise or offer for sale goods and services.

10. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or send content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewed by other users of the Services and through third party websites, and as such, any Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of the Services or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your contributions are not false, inaccurate or misleading.
Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, denigrate, intimidate, or abuse anyone.
Your Contributions will not be used to harass or threaten (in the legal sense of those terms) other people or to promote violence against a specific person or group of people.
Your contributions do not violate any applicable laws, regulations or rules.
Your contributions do not violate the privacy or publication rights of third parties.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions available on the Services by linking your account from the Services to any of your social media accounts, you automatically grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including without limitation your likeness and voice) for any purpose, commercial, promotional, or otherwise, and to create derivative works from, or incorporate into other works such Contributions, and to grant and authorize sublicenses of the foregoing. Such use and distribution may be in any media formats and through any media channels.

This license applies to any form, media, or technology now known or hereafter developed, and includes use of your name, company name, and franchise name, and all trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have been otherwise asserted in your Contributions.

We do not claim ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you provide on any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole discretion, to (1) edit, redact, or otherwise modify any Submissions; (2) re-categorize Submissions to place them in more appropriate locations on the Services; and (3) pre-screen or delete any Submission at any time and for any reason without prior notice. We have no obligation to monitor your Submissions.

12. GUIDELINES FOR RATINGS

We may provide you with areas on the Services where you can post reviews or ratings. When you post a review, you must meet the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews should not contain any references to illegal activities; (5) you should not be affiliated with competitors if you post negative reviews; (6) you should not draw any conclusions about the legality of the conduct; (7) you must not make false or misleading statements; and (8) you must not organize a campaign that encourages others to post positive or negative reviews.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen or delete reviews, even if someone finds reviews offensive or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses arising from a review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third party service providers (each such account, a “Third Party Account”) by either: (1) providing your Third Party Account login information through the Services; or (2) allowing us to access your Third Party Account, as permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account, without violating any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account. By granting us access to Third Party Accounts, you agree that (1) we may access, make available, and store (if applicable) any content you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Services through your account, including without limitation, friends lists, and (2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings you have set in such Third Party Accounts, personal information you post to your Third Party Accounts may be available on and through your account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party, the Social Network Content may no longer be available on and through the Services. You have the option to deactivate the connection between your account on the Services and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review social network content for any purpose, including but not limited to accuracy, legality or non-infringement, and we are not responsible for social network content. You acknowledge and agree that we may access your email address book associated with a Third Party Account.and may access your contact list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Services. You may deactivate the connection between the Services and your Third Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third Party Account, except for the username and profile picture that will be associated with your account.

14. THIRD PARTY WEBSITES AND CONTENT

The Service may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install through the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and that you will hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. ADMINISTRATION OF SERVICES

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. DATA PROTECTION

Privacy and data security are important to us. Please read our Privacy Policy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon a copyright you own or control, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be aware that under federal law, you may be held liable for damages if you make material misrepresentations in a Notification, so if you are unsure whether material located on or linked to the Services infringes your copyright, you should first contact an attorney.

All notifications should comply with the requirements of DMCA 17 USC § 512(c)(3) and contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the notification, a representative list of such works on the Services; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an email address or telephone number. B. an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

counterstatement

If you believe that your own copyrighted material was removed from the Services as a result of mistake or misidentification, you may send a written counter-notification to [us/our designated copyright agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that was removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party who provided the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written counter-notification that meets the requirements described above, we will restore your removed or disabled material, unless we first receive a notice from the party submitting the notification informing us that such party has filed a court action to restrain you from infringing activities related to the material in question. Please note that if you falsely state that the disabled or removed content was inadvertently or misidentified, you may be held liable for damages, including costs and attorneys’ fees. Filing a false counter-notification constitutes perjury.

Designated Copyright Agent

Attention: Copyright Agent

18. TERM AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING BUT NOT LIMITED TO FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR FOR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME WITHOUT WARNING IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Services at any time and for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or any part of the Services at any time without prior notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. Hardware, software, or other problems may arise or maintenance may be required in connection with the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without prior notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to provide any corrections, updates, or releases in connection therewith.

20. APPLICABLE LAW

These Legal Terms will be governed by and construed in accordance with the laws of England and the United Nations Convention on Contracts for the International Sale of Goods will expressly apply. If you are habitually resident in the EU, the US or one of the other 62 Contracting States to the Convention, you will additionally enjoy the protection afforded to you by any mandatory legal provisions of your country of residence. This means that you can bring a claim to defend your consumer protection rights in relation to those legal provisions in England or in any country that is a party to the Convention in which you are resident.

21. DISPUTE RESOLUTION

Binding arbitration

If you are a resident of the European Union, any dispute arising out of or in connection with these Legal Terms shall be settled by one arbitrator appointed in accordance with the Rules and Procedure of the European Arbitration Court, which is part of the European Arbitration Centre, located in Strasbourg. The venue for such arbitration shall be England. The predominant language of the proceedings shall be English. The applicable law for such proceedings shall be the law of England.

If you are located in the United States, disputes will be resolved by arbitration in the United States. The applicable law for these proceedings will be United States law.

For residents of any other country, the place of arbitration and the procedures are the same as for residents of the European Union.

restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the maximum extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

exceptions to arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, a party’s intellectual property rights; (b) Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. CORRECTIONS

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Service at any time without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. COMPENSATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) violation of these Legal Terms; (4) breach of your representations and warranties set forth in these Legal Terms; (5) your violation of any third party’s rights, including without limitation intellectual property rights; or (6) any overt harmful act toward other users of the Services with whom you connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms shall apply to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of your drafting them, and you hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: