StarMakers International™
Star Makers International™ Web Site
Terms and Conditions of Service
Registration Page
1. ACCEPTANCE OF TERMS
Starmakersinternational.com provides its service to you,
subject to the following Terms of Service ("TOS"), which may
be updated by us from time to time without notice to you. You
can review the most current version of the TOS at any time at:
http://starmakersinternational.com/tos.html. In addition, when using
particular Star Makers International services, you will be
subject to any posted guidelines or rules applicable to
such services which may be posted from
time to time.
All such guidelines or rules are hereby
incorporated by reference into the TOS. Star Makers International
also may offer other services from time to time that are
governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
Star Makers International currently provides users with access
to a rich collection of on-line resources, including,
personalized content and branded programming through its
network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance
the current Service, including the release of new Starmakersinternational.com
properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that Star Makers
International assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user data or
personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web and/or a personal computer with a Star Makers
International supported Operating System, either directly or
through devices that access web-based content, and pay any
service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other
access device. Please be aware that starmakersinternational.com may have
created certain areas on the Service that contain adult or
mature content. You must be at least 18 years of age to
access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or starmakersinternational.com has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, starmakersinternational.com has the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). Star Makers International
is concerned about the safety and privacy of all its users,
particularly children. Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate for
your child.
4. Star Makers International PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information,
please see our full privacy policy at
http://Starmakersinternational.com/privacy.html.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process. You
are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for
all activities that occur under your password or account.
You agree to (a) immediately notify Star Makers International
of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit
from your account at the end of each session. starmakersinternational.com
cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT :
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Starmakersinternational.com, or starmakersinternational.com are entirely responsible
for all Content that you upload, post, email or otherwise
transmit via the Service. Star Makers International does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such
Content. You must understand that by using the Service, you
may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Star Makers International
be liable in any way for any Content, including, but not limited
to, for 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not
limited to, a Star Makers International official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
e. upload, post, email or otherwise transmit any Content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form
of solicitation;
h. upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. "collect or store personal data about other users.
You acknowledge that Star Makers International does not pre-screen
Content, but that Star Makers International and its designees shall
have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Star Makers International and its
designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created
by Star Makers International or submitted to Star Makers International,
including without limitation information in Star Makers International's
all other parts of the Service.
You acknowledge and agree that Star Makers International may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property,
or personal safety of boomerisnt.org, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
8. PUBLIC CONTENT POSTED TO Star Makers International
(a) For purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public. By way
of example, a publicly accessible area of the Service.
(b) With respect to Content you elect to post for inclusion in
publicly accessible areas of starmakersinternational.com or that consists of
photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant
starmakersinternational.com the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content
on the Service solely for the purpose of displaying,
distributing and promoting the specific Star Makers International
account to which such Content was submitted, or, in the case
of photos or graphics, solely for the purpose for which such
photo or graphic was submitted to the Service. This license
exists only for as long as you elect to continue to include
such Content on the Service and shall be terminated at the
time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to
other publicly accessible areas of the Service, you grant
Star Makers International the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content
(in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later
developed.
9. INDEMNITY
You agree to indemnify and hold starmakersinternational.com, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that starmakersinternational.com may establish general
practices and limits concerning use of the Service,
including without limitation the maximum number of days
that files, folders, email messages, message board postings
or other uploaded Content will be retained by the Service,
the maximum number of email messages that may be sent from
or received by an account on the Service, the maximum size
of any email message that may be sent from or received by
an account on the Service, the maximum disk space that
will be allotted on starmakersinternational.com's servers on your behalf,
and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of
time. You agree that starmakersinternational.com has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by the Service. You acknowledge that
Starmakersinternational.com reserves the right to log off accounts
that are inactive for an extended period of time. You
further acknowledge that starmakersinternational.com reserves the right
to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Star Makers International reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that starmakersinternational.com shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that Star Makers International, in its sole discretion,
may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation,
for lack of use or if starmakersinternational.com believes that you have
violated or acted inconsistently with the letter or spirit
of the TOS. Star Makers International may also in its sole
discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any
provision of this TOS may be effected without prior notice,
and acknowledge and agree that Star Makers International may
immediately deactivate or delete your account and all
related information and files in your account and/or bar
any further access to such files or the Service. Further,
you agree that starmakersinternational.com shall not be liable to you or
any third-party for any termination of your access to the
Service.
14. Star Makers International's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and confidential
information that is rotected by applicable intellectual
property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or
information presented to you through the Service or
advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by starmakersinternational.com
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
Star Makers International grants you a personal, non-transferable
and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified
versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means
other than through the interface that is provided by Starmakersinternational.com
for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Star Makers
International EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Star Makers INTERNATIONAL MAKES NO WARRANTY THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM starmakersinternational.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
17. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to
you generally on the Service.
18. TRADEMARK INFORMATION
Star Makers International, the Starmakersinternational.com logo, and other
starmakersinternational.com logos and product and service names are
trademarks of starmakersinternational.com, JTMaier Associates, ("starmakersinternational.com"'s webmaster).
Without Star Makers International's prior permission, you
agree not to display or use in any manner.
19. COPYRIGHTS and COPYRIGHT AGENTS
starmakersinternational.com respects the intellectual property of
others, and we ask our users to do the same. If
you believe that your work has been copied in a
way that constitutes copyright infringement, please
provide starmakersinternational.com's Copyright Agent 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 site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law;
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.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and Starmakersinternational.com and govern your use of the Service,
superceding any prior agreements between you and
Star Makers International. You also may be subject to
additional terms and conditions that may apply when
you use affiliate services, third-party content or
third-party software. The TOS and the
relationship between you and Starmakersinternational.com
shall be governed by the laws of the State of
California without regard to its conflict of law
provisions. You and Starmakersinternational.com agree to
submit to the personal and exclusive jurisdiction
of the courts located within the county of
Riverside, California. The failure of
Starmakersinternational.com to exercise or enforce any
right or provision of the TOS shall not
constitute a waiver of such right or provision.
If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions
as reflected in the provision, and the other
provisions of the TOS remain in full force and
effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of
action arising out of or related to use of the
Service or the TOS must be filed within one
(1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
21. VIOLATIONS
Star Makers Internatioinal reserves the right to act accordingly when
any member violates this Terms of Service will be terminated.
Please report any violations of the TOS to our Customer Support group.
tos@starmakersinternational.com
Additional Information.
Star Makers International™ reserves the right at to charge fees for
access to portions of the Service or the Service as a whole.
However, in no event will you be charged for access to the
Service unless we obtain your prior agreement to pay such
charges. We provide an agreement to pay the charge to our service
in the form of our subscription registration forms.
All subscriptions are subject to the
following Terms of Use Agreement and our Privacy Policy.
All subscription purchases are final. Star Makers
International will not provide any refund for unused
portions of your subscription period.
Purchaser hereby agrees that subscription privileges are
non-refundable even in the case that Purchaser chooses to
suspend or cancel his/her membership. Furthermore,
no refund will be made in the event of termination of
Purchaser's membership due to a violation of the
Terms and Conditions of Service as outlined in there in.
In that respect, Purchaser hereby agrees that offensive
behavior towards other members or use of language in
the message board, chat room, emails to members or in
Purchaser's profile will constitute sufficient grounds
for such termination of Purchaser's membership by Star
Makers International. (starmakersinternational.com)
All disputes resulting from the purchase tokens, other
emailing privileges or any other purchase made within
the boomersint.org or boomersint.com website shall be
brought to a binding arbitration in accordance with the
rules of the Better Business Bureau and all such
arbitration shall take place in Los Angeles, California.
By submitting this purchase, Purchaser hereby acknowledges,
agrees and authorizes boomersint.org to renew Purchaser's
subscription, automatically, every month, at the guaranteed
renewal rate that applies to the purchase option chosen by
Purchaser, until such time as Purchaser instructs
STAR MAKERS INTERNATION / Starmakersinternational.com
to stop the renewals.
If at any time Star Makers International™ requires a fee for portions
of the Service that are now free (e.g., a domestic subscription fee),
Star Makers International™ will give you advance notice of such fees
and the opportunity to cancel the account before such charges are imposed.
All new fees, if any, will be posted in the Help Center and in other appropriate
locations on the Service. You shall pay all fees and charges incurred
through your account at the rates in effect for the billing period in
which such fees and charges are incurred, including, but not limited
to charges for any products or services offered for sale through the
Service by VNU or by any other vendor or service provider.
All fees and charges shall be billed to and paid for by you.
You shall pay all applicable taxes relating to use of the
Service through your account.
USERNAME AND PASSWORD
You will receive a password and account ID/User Name designation upon
completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for
all activities that occur under your password or account.
You agree to (a) immediately notify VNU of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of
each session. Star Makers International cannot and will not be liable for any loss or
damage arising from unauthorized use of your username and/or password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your account, at Star Makers International's sole discretion, and Star Makers International
may refer you to appropriate law enforcement agencies.
TERMINATION
Star Makers International may, reserves the right, and in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
MISCELLANEOUS
a. This Agreement has been made in and shall be construed and
enforced in accordance with New York law. Any action to enforce
this agreement shall only be brought in the federal or state
courts located in Riverside County.
b. Notwithstanding any of the foregoing, nothing
in this Subscriber Agreement will serve to preempt the
Star Makers International Privacy Policy.
c. Official correspondence must be sent via postal mail to:
Star Makers International™,
Attn: Legal Department,
P.O. Box 891203,
Temecula, Ca. 92589
USA
For help with our site please contact:
Help@starmakersinternational.com
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