ACCEPTANCE OF TERMS.
The services that Star Point Star provides to you are subject
Star Point Star reserves the right to update the TOU at any time
without notice to you. The most current version of the TOU
DESCRIPTION OF SERVICES.
Through its network of Web properties, Star Point Star
provides you with access to a variety of resources, including
tools, download areas, communication forums and product
information (collectively "Services").
The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties,
to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the
is the copyrighted work of Star Point Star and/or its suppliers.
Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by
or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for
download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT
AS WARRANTED IN THE LICENSE AGREEMENT, Star Point Star CORPORATION
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Star Point Star MAY
MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Star Point Star
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY
SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES OR IN Star Point Star SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in
all copies and that both the copyright notice and this
notice appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal use
only and will not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications of
Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and
state community colleges, may download and reproduce the
Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use
for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Documents specified above do not include
the design or layout of the Star Point Star.com Web site or any
other Star Point Star owned, operated, licensed or controlled site.
Elements of Star Point Star Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Star Point Star Web site may be copied
or retransmitted unless expressly permitted by Star Point Star.
Star Point Star AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Star Point Star AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Star Point Star
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Star Point Star AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR
THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL Star Point Star AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by
the applicable registration form. You also will choose a
password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify
Star Point Star immediately of any unauthorized use of your account
or any other breach of security. Star Point Star will not be liable
for any loss that you may incur as a result of someone else
using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred
by Star Point Star or another party due to someone else using your
account or password. You may not use anyone else's account
at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden,
or impair any Star Point Star server, or the network(s) connected
to any Star Point Star server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Star Point Star server
or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable
you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using
the Communication Services, you will not:
• Use the Communication Services in
connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
• Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent
to do the same.
• Use any material or information, including images or
photographs, which are made available through the Services
in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any
• Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
• Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
• Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed
in such manner.
• Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded.
• Restrict or inhibit any other user from using and enjoying
the Communication Services.
• Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others,
including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading
• Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
Star Point Star has no obligation to monitor
the Communication Services. However, Star Point Star reserves the
right to review materials posted to the Communication Services
and to remove any materials in its sole discretion. Star Point Star
reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice,
for any reason whatsoever.
Star Point Star reserves the right at all
times to disclose any information as Star Point Star deems necessary
to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part,
in Star Point Star's sole discretion.
Always use caution when giving out
any personally identifiable information about yourself or
your children in any Communication Services. Star Point Star does
not control or endorse the content, messages or information
found in any Communication Services and, therefore, Star Point Star
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation
in any Communication Services. Managers and hosts are not
authorized Star Point Star spokespersons, and their views do not
necessarily reflect those of Star Point Star.
Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Star Point Star OR POSTED AT ANY Star Point Star
Star Point Star does not claim ownership of the materials you provide
to Star Point Star (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated
services for review by the general public, or by the members
of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Star Point Star, its affiliated companies and necessary
sublicensees permission to use your Submission in connection
with the operation of their Internet businesses (including,
without limitation, all Star Point Star Services), including, without
limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights
to any supplier of the Services.
No compensation will be paid with
respect to the use of your Submission, as provided herein.
Star Point Star is under no obligation to post or use any Submission
you may provide and Star Point Star may remove any Submission at
any time in its sole discretion.
By Posting a Submission you warrant
and represent that you own or otherwise control all of the
rights to your Submission as described in these Terms of
Use including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images,
or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose
of your use and as otherwise permitted by these Terms of
Use and the Services, (b) you have the rights necessary to
grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as
and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for
each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community),
(including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Images without having your name attached to such Images,
and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove
such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with
such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the
use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Star Point Star'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF Star Point Star AND
Star Point Star IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. Star Point Star IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. Star Point Star IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY Star Point Star OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
Star Point Star OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO
NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR
OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Star Point Star'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO Star Point Star. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO Star Point Star OR ANYONE AT Star Point Star. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT Star Point Star MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.