Thank you for your interest in Presence Stars.
We welcome you to our Website, as well as all related web sites, products and services
provided by us.
Below we have listed important legal terms that apply to anyone who visits our website or
uses our services.
We understand that legal terms can be exhausting to read, and we’ve tried to keep it as
simple
as possible.
Last updated March 06, 2020
These Terms of Use (the “Terms of Use” or “Terms”) constitute a legally
binding agreement
made between you, whether personally or on behalf of an entity (“you”) and Presence
Stars ("Presence Stars", “we”, “us”,b> or “our”), and govern your access
to and use of the
https://www.presencestars.com website and all subdomains thereof, as well as all
applications and products offered by or made available by Presence Stars, including
service website, media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”) and
toolbars,
widgets, applications or distribution channels from which we may operate, and your use
of any of our Services (including without limitation the software, programs, code,
technology, offerings, tools, plug-ins, components, upgrades, updates and all related
applications, available now or in the future, collectively our “Services”), which
you
use or access as a registered user or as a guest. References herein to Services shall
also mean to include the Site, as the context requires. You agree that by accessing,
loading, downloading, registering with, installing, and/or using the Services, you have
read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. You further acknowledge and agree
that you are at least 18 years of age and have the legal capacity to enter into these
Terms of Use, on your behalf and/or on behalf of an entity that you represent (in which
case you further represent that you are duly authorized to bind said entity).
Supplemental terms and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms of Use at
any time and for any reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice
of each such change. It is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Services after the date such revised Terms of Use are
posted.
The information provided on the Site or 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.
THESE TERMS INCLUDE: (A) AN ARBITRATION PROVISION; (B) A WAIVER OF RIGHTS TO BRING A
CLASS ACTION AGAINST US; (C) A WAIVER OF TRIAL BY JURY; AND (D) A RELEASE BY YOU OF ALL
CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES AND/OR THE
SITE. EXCEPT IF YOU OPT-OUT OR IN CASE OF CERTAIN LIMITED EXCEPTIONS, YOU AGREE THAT
DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Presence Stars is an online platform that allows users to easily create customized websites based on templates, manage the website content, and connect it to their domain. The portal provides templates that are mobile-friendly and has built-in forms that allow for easy content updates, lead generation, and CRM tools. The Services also include the White Label Service, described in more detail below. The Services provided by Presence Stars may also include other functionality, features, goods, product offerings, and service which shall be made available to the users through the Services and/or the Site.
We grant users of our Site or Services a revocable, personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the Services and/or any other technical
means embedded in the Services provided by us. This license is for the sole purpose of
enabling users to use the Services and in doing so within the limits and in compliance
with this Agreement and/or any other applicable rules. Users are required to use the
Services in accordance with the intellectual and industrial property rights of Presence
Stars and its licensors. Users do not acquire any right or title with respect to the
Services, and acknowledge that their use is non-exclusive and non-assignable, only for
the duration of the Services usage, via remote connectivity, via Internet, for the
provision of Services under the Agreement.
The right to use the Services, does not grant any rights to the original source codes.
All techniques, algorithms, and procedures contained in the Services and their
documentation are information protected by copyright and sole property of Presence Stars
or its licensors, and therefore may not be used in any way by the user for purposes
other than those set forth in these Terms. All rights and license grants to the user
shall immediately terminate upon any termination or expiration of this Agreement.
Unless otherwise indicated, the Services is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Services (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions. The Content and the Marks
are provided on the Services “AS IS” for your information and personal use only. Except
as expressly provided in these Terms of Use, 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.
Provided that you are eligible to use the Services, you are granted a limited license to
access and use the Services and to 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. We reserve all rights not expressly granted to you in and to the
Services, the Content and the Marks.
By using the Services, you represent and warrant that: (a) all registration information
you submit will be true, accurate, current, and complete; (b) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (c) you have the legal capacity and you agree to comply with these Terms of
Use; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not
access the Services through automated or non-human means, whether through a bot, script
or otherwise; (f) you will not use the Services for any illegal or unauthorized purpose;
and (g) your use of the Services will not violate any applicable law or
regulation.
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).
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change your account if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
One of the Services we provide is a white label “website builder platform” (the “White
Label Service”). We provide our customers (each, a “customer”) the
opportunity of licensing the White Label Service and using it under their name, brand,
design and domain. The customer’s licensing and use of the White Label Service shall be
subject to the Terms of Use of Presence Stars, including, without limitation, the
Disclaimer, Limitations of Liability, and Indemnification clauses herein.
We provide such customers a non-transferable, non–assignable, non-sublicensable and
non-exclusive license toward the White Label Service to use the respective website
builder platform under its own brand. The White Label Service shall be branded under the
customer’s brand name and shall be accessible to the public under a URL designated by
the customer. Our name and logo(s) shall not appear on the White Label Service unless
mutually agreed by the customer and us. In addition to these Terms, the customer (a)
shall not sublicense, sell, rent, lease, reproduce, copy, transfer, or assign any part
of the White Label Service; (b) shall not modify, translate, adapt, merge, make
derivative works of, disassemble, decompile, reverse compile, reverse engineer or
otherwise attempt to discover the source code, object code, or underlying structure,
ideas, or algorithms of any part of the White Label Service; (c) except as expressly
stated herein, no part of the White Label Service may be copied, downloaded, and
republished in any form or by any means; (d) customer shall not use, encourage, promote,
facilitate or instruct other users to use, the White Label Service for any illegal,
harmful or offensive use, or to transmit, store, display, distribute or otherwise make
available content that is illegal, harmful, or offensive (including content which
offends religious sensibilities).
In addition to these Terms, the customer agrees not to use the White Label Service in
order to: (a) upload or distribute any computer viruses, worms, malicious code, or any
software intended to damage or alter a computer system or a mobile device or data; (b)
collect information or data regarding other users, including email addresses, without
their consent (e.g., using harvesting bots, robots, spiders, or scrapers); or (c)
disable, overly burden, impair, or otherwise interfere with servers or networks
connected to the White Label Service (e.g., a denial of service attack).
In addition to these Terms, the customer shall be responsible for the content populated
on the White Label Service by the customer, including, without limitation, for
trademarks, content, audio components, video components, or any other information posted
and published on the White Label Service and for activity that occurs on the White Label
Service, including content contributed by the users of said customer.
The customer and Presence Stars agree that customer, and not we, is solely responsible
for the operation of the White Label Service. Our role is to make the Services
available. We do not act as a fiduciary, business or legal advisor, or co-venturer to
the customer. The customer is solely responsible for ensuring that the White Label
Service is operated in accordance with applicable laws, for monitoring the content
displayed on the White Label Service, and for establishing the terms of its
relationships with its users of the White Label Service. We are not responsible for any
information or content displayed on or transmitted through the White Label
Service.
By licensing the White Service Label, the customer also agreed to not solicit, directly
or indirectly, the employees, contractors, customers, clients, vendors, and/or suppliers
of Presence Stars (which shall include any individual or entity that has been engaged in
that capacity with Presence Stars within the past six (6) months) during the term of the
license and for a period of one (1) year thereafter.
The customer also agrees to keep confidential any confidential, non-public, sensitive,
and/or proprietary information of Presence Stars that it shall learn through or due to
its relationship with Presence Stars, and all such information shall be maintained with
strict care and used exclusively for the purposes of implementing the business reason
for which it is shared by us. Confidential information shall not include any information
that (a) was publicly known and made generally available in the public domain prior to
the time of disclosure to the customer; (b) becomes publicly known and made generally
available after disclosure to the customer; or (c) is obtained by the customer from a
third party not under confidentiality obligations and without a breach of any
obligations of confidentiality. The customer and we acknowledge that breach of this
confidentiality obligation may result in great and irreparable harm for us which cannot
be reasonably compensated by damages, for which reason injunctive relief and specific
performance shall be available to Presence Stars to enforce the confidentiality
obligations included hereunder, in addition to any other remedies available to Presence
Stars.
You may be required to purchase or pay a fee to access some of our Services. You agree
to provide current, complete, and accurate purchase and account information for all
purchases made via 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. We
bill you through an online billing account for purchases made via the Services. Sales
tax may be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases,
and you authorize us to charge your chosen payment provider for any such amounts upon
making your purchase. If your purchase is subject to recurring charges, then you consent
to our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment. We also reserve the right to refuse any order
placed through the Services.
You can cancel your subscription at any time by logging into your account or contacting
us using the contact information provided below. Your cancellation will take effect at
the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected].
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 except those that are specifically endorsed or approved by us, in writing, or
are otherwise explicitly authorized hereunder.
As a user of the Services, you agree not to:
1. Make 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.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
3. 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.
4. Attempt to impersonate another user or person or use the username of another
user.
5. 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.
6. 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.
7. Engage in unauthorized framing of or linking to the Services.
8. Make improper use of our support services or submit false reports of abuse or
misconduct.
9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Services.
10. Delete the copyright or other proprietary rights notice from any Content.
11. Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
12. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
13. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
14. 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.
15. 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”).
16. 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.
17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
18. Use the Services in a manner inconsistent with any applicable laws or regulations.
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on 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
viewable by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby represent and warrant
that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services and
these Terms of Use.
3. 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 Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us in our sole
discretion).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any law, whether federal, state, or other,
concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
13. Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to use the
Services.
By posting your Contributions to any part of the Services or making Contributions
accessible to the Services by linking your account from the Services to any of your
social networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, sublicensable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice and/or the image and voice of those included in
your Contributions) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the 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 moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over 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 provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate 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 and absolute discretion, (a) to edit, redact, or
otherwise change any Contributions; (b) to re-categorize any Contributions to place them
in more appropriate locations on the Services; and (c) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
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: (a) providing your Third-Party Account login information through the Services; or (b) allowing us to access your Third-Party Account, as is 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 breach by you of 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 any Third-Party Accounts, you understand that (a) we may access, make available, and store (if applicable) any content that 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 via your account, including without limitation any friend lists and (b) 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 that you have set in such Third-Party Accounts, personally identifiable information that 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 service provider, the Social Network Content may no longer be available on and through the Services. You will have the ability to disable 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 any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can 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 the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, recommendations, advice, insights, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Services may contain (or you may be sent via the Services) 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 or contained in 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 any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use 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 from 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 you shall 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.
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our Services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our Services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our Services are acquired by or on behalf of any agency within the Department of Defense, our Services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to 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 (e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms of Use. Please be advised that the Services are hosted in the United States. If you access the Services from the European Union, Asia, or 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 States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children under the age of 13 or knowingly market to children under the age of 13. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately notify the copyright agent of Presence Stars in accordance with the
Digital Millennium Copyright Act (the “DMCA”), by providing the following
information in
writing in your notification (the “Notification”): (a) identification of the
copyrighted
work that is claimed to be infringed; (b) identification of the allegedly infringing
material that is requested to be removed, including a description of where it is located
on the Services; (c) information for our copyright agent to contact you, such as an
address, telephone number, and, if available, e-mail address; (d) a statement that you
have a good faith belief that the identified, allegedly infringing use is not authorized
by the copyright owners, its agent, or the law; (e) a statement that the information
above is accurate, and under penalty of perjury, that you are the copyright owner or the
authorized person to act on behalf of the copyright owner; and (f) a physical or
electronic signature of a person authorized to act on behalf of the owner of the
copyright or of an exclusive right that is allegedly infringed. If you are asserting
infringement of an intellectual property right other than copyright, please specify the
intellectual property right at issue (for example, “trademark”) by notating this in your
written notice. You acknowledge that if you fail to comply with all of the requirements
for a notice of infringement as specified above, your DMCA notice may not be
valid.
A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law you may be
held liable for damages if you make material misrepresentations in a Notification. Thus,
if you are not sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, 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 WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR 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 THAT YOU 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 may be 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.
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We also reserve the right to
modify or discontinue all or part of the Services without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services, including, without limitation, for any modification,
deletion, or unavailability of your account, your Contributions, and/or your data,
information, and/or material as provided on or through the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to 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 or
for any reason without notice to you. 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 Terms
of Use will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA
website, www.adr.org. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in the United States, County of Los Angeles, State of
California. Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the state and federal courts located in the United
States, County of Los Angeles, State of California, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of
Use.
In no event shall any Dispute brought by either Party related in any way to the Services
be commenced more than one (1) year after the cause of action arose. 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.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute 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.
Individual Basis and Waiver of Trial by Jury
To the fullest extent permitted by applicable law, you and Presence Stars each agree
that any dispute resolution proceeding will be conducted only on an individual basis and
not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration, you acknowledge and agree that any
controversy that may arise under these Terms is likely to involve complicated and
difficult issues and, therefore, you and we irrevocably and unconditionally waive any
right you or we may have to a trial by jury in respect of any legal action arising out
of or relating to these Terms. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE
IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
There may be information on the Services 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 the information on the Services at any time, without prior notice.
THE SERVICES AND THE SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, 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 SITE’S AND SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY 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 SITE AND 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 SITE AND THE SERVICES, ANY HYPERLINKED 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.
IN NO EVENT WILL WE OR OUR SHAREHOLDERS, OWNERS, PRINCIPALS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, HEIRS AND/OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR 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 ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100, WHICHEVER IS GREATER. CERTAIN STATE 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.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our and their respective shareholders, owners, principles, members, partners, directors, officers, agents, employees, contractors, subcontractors, representatives, heirs, and/or assigns 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: (a) your Contributions; (b) your use of the Services; (c) your breach of these Terms of Use; (d) any breach of your representations and warranties set forth in these Terms of Use; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any other user of the Services with whom you connected via 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.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.
Visiting the Site, using 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, on the Site, or through the Services, satisfy any legal requirement that such communication 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 SITE AND/OR 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.
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.
These Terms of Use 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 Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, without your consent; you may not assign any of your rights and obligations hereunder to otherwise without our prior explicit written consent, which may be withheld at your sole discretion (including without reason), and any assignment in violation of said clause shall be void. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Presence Stars
[email protected]
