IAmAStar.net Terms of Use Agreement
December 20, 2007
These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions that apply to your use of the Web site located at http://www.IAmAStar.net and the services, features, content, applications and materials offered thereon (collectively, the "I Am A Star Services") which are offered to you by I Am A Star, Inc. ("I Am A Star"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, you must discontinue your use of the Service. The I Am A Star Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the I Am A Star Services. By using the I Am A Star Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the I Am A Star Website) or you are a "Member" (which means that you have registered with I Am A Star). The term "User" refers to a Visitor or a Member. You are only authorized to use the I Am A Star Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the I Am A Star Website and discontinue use of the I Am A Star Services immediately. If you wish to become a Member, communicate with other Members and make use of the I Am A Star Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes IAmAStar.net's policy for acceptable use of the I Am A Star Services and Content posted on the I Am A Star Website, your rights, obligations and restrictions regarding your use of the I Am A Star Services and IAmAStar.net's Privacy Policy.
In order to participate in certain I Am A Star Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the I Am A Star Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@IAmAStar.net, Subject: Terms of Use Agreement. IAmAStar.net may modify this Agreement from time to time and such modification shall be effective upon posting by IAmAStar.net on the I Am A Star Website. You agree to be bound to any changes to this Agreement when you use the I Am A Star Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on IAmAStar.net and that you provide to other Users. Your IAmAStar.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other IAmAStar.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and IAmAStar.net assumes no responsibility or liability for this material. If you become aware of misuse of the I Am A Star Services by any person, please contact I Am A Star or click on the "Report Inappropriate Content" link at the bottom of any IAmAStar.net page.
IAmAStar.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the I Am A Star Services at any time, for any or no reason, with or without prior notice, and without liability. I Am A Star expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of I Am A Star Services if I Am A Star determines, in its sole discretion, that you pose a threat to I Am A Star and/or its Users.
GUARANTEES: In the entertainment industry there are no guarantees that you will be "discovered" or find success. It takes talent, hard work, marketability and a good bit of luck...even then, you are not guaranteed fame and success. It would be illegal and unethical for any company to guarantee you auditions, work , bookings, fame or fortune in this industry. However, the greater the exposure, the more your chances can increase, and thats where we come in ! Therefore, I’m a Star.net makes absolutely no guarantees as to your chance for fame, prosperity or success when you join our site.
1. Eligibility. Use of and Membership in the I Am A Star Services is void where prohibited. By using the I Am A Star Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are either more than 18 years of age, or are an emancipated minor, or possess legal, parental or guardian consent if you are 14 years of age or older; and (d) your use of the I Am A Star Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the I Am A Star Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. IAmAStar.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. IAmAStar.net will charge a recurring fee of Fifteen Dollars ($15.00) per month for the Im a Star Services. Such fee will be billed to your credit card monthly, and will continue from month to month, until cancelled by you. I Am A Star may change its fees from time to time in its discretion. If IAmAStar.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify IAmAStar.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The I Am A Star Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by IAmAStar.net. Illegal and/or unauthorized use of the I Am A Star Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the I Am A Star Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the I Am A Star Services.
6. Proprietary Rights in Content on IAmAStar.net. IAmAStar.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the I Am A Star Services. After posting your Content to the I Am A Star Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the I Am A Star Services, you hereby grant to IAmAStar.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the I Am A Star Services.
Without this license, IAmAStar.net would be unable to provide the I Am A Star Services. For example, without the right to modify Member Content, IAmAStar.net would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, IAmAStar.net could not allow Users to listen to music posted by Members. The license you grant to IAmAStar.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to IAmAStar.net), fully-paid and royalty-free (meaning that IAmAStar.net is not required to pay you for the use on the I Am A Star Services of the Content that you post), sublicensable (so that IAmAStar.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the I Am A Star Services), and worldwide (because the Internet and the I Am A Star Services are global in reach). This license will terminate at t he time you remove your Content from the I Am A Star Services. The license does not grant IAmAStar.net the right to sell your Content, nor does the license grant IAmAStar.net the right to distribute your Content outside of the I Am A Star Services.
You represent and warrant that: (i) you own the Content posted by you on or through the I Am A Star Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the I Am A Star Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the I Am A Star Services.
You further agree that I Am A Star is not responsible for any violations of any intellectual property rights in any Content that you submit to I Am A Star. You understand that by using the Service that your Content will be publicly available to others and that I Am A Star has no obligation to prevent the unauthorized copying, dissemination, alteration or other use of your Content by others.
7. The I Am A Star Services contain Content of IAmAStar.net ("IAmAStar.net Content"). IAmAStar.net Content is protected by copyright, trademark, patent, trade secret and other laws, and IAmAStar.net owns and retains all rights in the IAmAStar.net Content and the I Am A Star Services. IAmAStar.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the IAmAStar.net Content (excluding any software code) solely for your personal use in connection with viewing the I Am A Star Website and using the I Am A Star Services.
8. The I Am A Star Services contain Content of Users and other IAmAStar.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the IAm A Star Services.
Content Posted.
1. IAmAStar.net may delete any Content that in the sole judgment of IAmAStar.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. IAmAStar.net assumes no responsibility for monitoring the I Am A Star Services for inappropriate Content or conduct. If at any time IAmAStar.net chooses, in its sole discretion, to monitor the I Am A Star Services, IAmAStar.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the I Am A Star Services, and any material or information that you transmit to other Members and for your interactions with other Users. IAmAStar.net does not endorse and has no control over the Content. Content is not necessarily reviewed by IAmAStar.net prior to posting and do es not necessarily reflect the opinions or policies of IAmAStar.net. IAmAStar.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Im a Star Services. IAmAStar.net reserves the right to investigate and take appropriate legal action against anyone who, in IAmAStar.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the I Am A Star Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the sole discretion of IAmAStar.net: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 14. includes a photograph of another person that you have posted without that person's consent; or 15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the I Am A Star Website and through your use of the I Am A Star Services. IAmAStar.net reserves the right to investigate and take appropriate legal action against anyone who, in IAmAStar.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the I Am A Star Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the I Am A Star Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, IAmAStar.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which IAmAStar.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Im a Star Services, you acknowledge that you will have caused substantial harm to IAmAStar.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable es timation of such harm, you agree to pay IAmAStar.net $50 for each such unsolicited email or other unsolicited communication you send through the Im a Star Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any IAmAStar.net page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the I Am A Star Services or the networks or services connected to the I Am A Star Services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your I Am A Star Player and embedding it into other profiles or asking other Members to embed it into their profiles;
8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the I Am A Star Services in order to harass, abuse, or harm another person;
11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the I Am A Star Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
12. using the I Am A Star Services in a manner inconsistent with any and all applicable laws and regulations. 9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of IAmAStar.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to IAmAStar.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the I Am A Star Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of t he copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the I Am A Star Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
IAmAStar.net's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, I Am A Star, Inc., Address, Phone #; Fax #; Attn: Copyright Agent; and email: copyrightagent@IAmAStar.net.
9. Member Disputes. You are solely responsible for your interactions with other IAmAStar.net Members. IAmAStar.net reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the I Am A Star Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers. IAmAStar.net is not responsible for any incorrect or inaccurate Content posted on the I Am A Star Website or in connection with the I Am A Star Services, whether caused by Users of the I Am A Star Services or by any of the equipment or programming associated with or utilized in the I Am A Star Services. Profiles created and posted by Members on the I Am A Star Website may contain links to other websites. IAmAStar.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by IAmAStar.net. Inclusion of any linked website on the I Am A Star Services does not imply approval or endorsement of the linked website by IAmAStar.net. When you access these third-party sites, you do so at your own risk. IAmAStar.net takes no responsibility for third party advertisements which are posted on this I Am A Star Website or through the I Am A Star Services, nor does it take any responsibility for the goods or services provided by its advertisers. IAmAStar.net is not responsible for the conduct, whether online or offline, of any User of the I Am A Star Services. IAmAStar.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. IAmAStar.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the I Am A Star Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the I Am A Star Services. Under no circumstances shall IAmAStar.net be responsible for any loss or damage, including personal injury or death, resulting from use of the I Am A Star Services, attendance at a IAmAStar.net event, from any Content posted on or through the I Am A Star Services, or from the conduct of any Users of the I Am A Star Services, whether online or offline. The I Am A Star Services are provided "AS-IS" and as available and IAmAStar.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. IAmAStar.net cannot guarantee and does not promise any specific results from use of the I Am A Star Services.
12. Personal Safety.
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
13. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I AM A STAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING ANY PARTICIPATION IN A CONTEST. I AM A STAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR IN A CONTEST, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN A CONTEST, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN D/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR ANY CANCELLATION OF A CONTEST, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. I AM A STAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I AM A STAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL I AM A STAR OR ITS SPONSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE OR PARTICIPATE IN ANY CONTEST, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, I AM A STAR'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF I AM A STAR OR ANY OF ITS SPONSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY FILE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I AM A STAR, SPONSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
15. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
16. Indemnification
You agree to defend, indemnify and hold harmless I Am A Star, its Sponsors and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
17. Termination
I Am A Star may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis.
18. Trademarks
I Am A Star and the I Am A Star logo, are trademarks of I Am A Star, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of I Am A Star or the owner of such trademark, service mark or trade name, except as explicitly permitted in the section above entitled "Restrictions on Use".
19. Minors
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for any Service hereunder. At various places on the Service, we ask whether users are under the age of 18 or 13. I Am A Star relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
20. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, I’m a Star hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org, and at the GetNetWise Coalition website, http://www.getnetwise.org. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.
21. Infringement Policy
I Am A Star, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right to use the Service and remove material that alleged to infringe the copyright or other intellectual property rights of a third party if I Am A Star determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. I Am A Star accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), I Am A Star has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to I Am A Star in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail:
I Am A Star, Inc.
PO BOX 12
SPRING HOUSE PA 19034
By e-mail: infringement@IAmA Star.NET
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
c. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
22. Modification
I Am A Star reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. The amended Agreement will apply to your use of the Site and your participation in any Contest. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
23. Export Control
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote I Am A Star's Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by I Am A Star from its offices within the Commonwealth of Pennsylvania, United States of America. I Am A Star makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Philadelphia, PA, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You also agree to submit to the personal jurisdiction of the courts located within Philadelphia County, Pennsylvania for the purpose of litigating all such claims or disputes. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by I Am A Star to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of I Am A Star. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
I Am A Star™ is a trademark of I Am A Star, Inc. in the U.S. and other countries.
25. Other. This Agreement is accepted upon your use of the I Am A Star Website or any of the I Am A Star Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and IAmAStar.net regarding the use of the I Am A Star Services. The failure of IAmAStar.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. IAmAStar.net is a trademark of I Am A Star, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Copyright © 2006-2008 I Am A Star, Inc. All rights reserved.
Please contact us at: Contact I Am A Star with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.