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
software on this site is the patented property of ContestFactory.com and
the content on this Site is the property of MakeAStar.com and/or
its suppliers and are 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;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
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);
Displays pornographic material of any kind;
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.;
Involves sending unsolicited and/or unauthorized email to third
parties.
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 us 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 customerservice@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 thirteen.
Individuals who are under thirteen 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 of 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 Orange.
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.
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