MakeaStar.com Terms of Use

The following are the rules or "Terms" that govern use of the MakeaStar.com web site and the Services offered on the Site such as downloads, chat, searches, links, commerce, etc. (collectively, "Site"). By using the Site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. MakeaStar.com reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Permitted Use. You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by MakeaStar.com to do so. The content and software on this Site is the property of MakeaStar.com and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

User Contributions to the Site. There are many opportunities for you to contribute to the Site and to communicate with other users of the Site. These include, among others, uploading music, lyrics, articles, links or other materials, even software, which collectively, we call "Content" to the Site. MakeaStar.com is not liable or responsible for any Content provided by its users or other third parties to the Site or to other users of the Site by email ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of MakeaStar.com. MakeaStar.com cannot preview User Content before appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including among other things, infringing, and defamatory or offensive materials. However, if you discover this kind of material on the Site, please notify us at customerservice@MakeaStar.com. We will investigate your claim and take appropriate action.

Links and Search Results. The Site may automatically produce search results that reference or links to third party sites throughout the World Wide Web. MakeaStar.com has no control over these Sites or the Content within them. MakeaStar.com cannot guarantee, represent or warrant that the Content contained in the Sites is accurate, legal and/or inoffensive. MakeaStar.com does not endorse the Content of any third party Site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against MakeaStar.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at customerservice@MakeaStar.com and we will investigate the link and take appropriate action.

Prohibited Content. The following is a partial list of the kind of Content which is illegal or prohibited on the Site or via email accessed through the Site. It includes Content 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;

Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;

Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices;

Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;

Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;

Engages in commercial activities and/or sales without MakeaStar.com's prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.;

Violation of the Terms. You understand and agree that in it's sole discretion, and without prior notice, MakeaStar.com may terminate your access to the Site, to any email services offered on the Site, and remove any unauthorized User Content, if MakeaStar.com believes that the User Content you provided has violated or is inconsistent with the Terms or with the intention behind them, or that you have violated the rights of MakeaStar.com, another User or the law. MakeaStar.com may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

Copyright Policy. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; 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; 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.

Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement: MakeaStar.com will terminate the privileges of any user who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. In particular, users who submit User Content to this Site, whether re-recorded music (regardless of format), photographs, articles, images, software or any other copyrightable material must ensure that their uploading does not infringe the copyrights of third parties. After proper notification by the copyright holder or its agent to MakeaStar.com and later confirmation through court order or an admission by the user that an account has been an instrument of unlawful infringement, MakeaStar.com will terminate the infringing user's account.

MakeaStar.com may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has in fact occurred. If you believe that your copyright has been infringed through the use of a MakeaStar.com account, please contact: Dean Sheldon Serwin, Esq., dean@makeastar.com

Privacy. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any original Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. MakeaStar.com is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own backup versions of any content they submit to the Site.

This Site is not intended for use by persons under the age of fourteen. Individuals who are under fourteen are expressly prohibited from posting any personally identifiable information about themselves or from uploading any Content to the Site.

U.S. Export controls. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) 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 (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.

DISCLAIMER

MakeaStar.com does not promise that the Site or any services, such as email, links or searches offered on the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site, and its Content are delivered on an "as-is" and "as-available" basis. MakeaStar.com can not ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination or destructive features. MakeaStar.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. MakeaStar.com will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages.

Disputes. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws or the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles.

Indemnity. You agree to indemnify and hold MakeaStar.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another Site or to upload content or other information to the Site.