YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE (THE “TERMS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.
Crowdtap, Inc. d.b.a. as Socialstars (“Socialstars”, “Company”, “we” or “us”), the operator of joinsocialstars.com (“Site”), is delighted that you have visited our Site to learn more about the Socialstars membership program (“Program”).
- Authorized Use of Site. The Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires our prior written consent.
- Unauthorized Use of Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding,” “mail-bombing,” or “crashing” the Site, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under the Terms. You may not resell use of, or access to, the Site to any third party without our prior written consent.
- Security of the Site. You may not violate or attempt to violate the security of the Site, including, without limitation, by (a) accessing data not intended for non-members or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any Site or any activity being conducted on any Site, (c) attempting to interfere with the availability of any Site to any representative, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” any Site, (d) utilizing any Site for the advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting anyone who is involved in such violations.
- Company Content. The content, advertisements, information and other materials of Company, including this Site, and all other websites under Company’s control, whether partial or otherwise, such as text, graphics, images, logos, trademarks, copyrighted material, button icons, software and other content (collectively, “Company Content”) and the compilation (meaning the collection, arrangement and assembly) of all Company Content, are protected under copyright, trademark and other laws. As between you and Company, all Company Content is Company’s exclusive property. Unauthorized use of Company Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in Company Content on any permitted copy you make of Company Content. You shall not copy or adapt the code that Company creates to generate any Company Content or the pages making up the Site, which are also protected by Company’s copyright. You may not sell or modify Company Content in any way for any public or commercial purpose, unless previously approved in writing by us or Client (as applicable). The use of Company Content on any other website for any purpose is prohibited. For sake of clarity, you are not permitted to use any Company Content unless you are given express permission to do so by Company. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are reserved by Company.
- Comments or Materials Posted By You. Certain pages on the Site may allow you to post videos, audio, photographs, text, or other content (“Content”). Unless otherwise specified, you may only post Content to the Site if you are at least 13 years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Site, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Site, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Sites. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.
For clarity, you understand and agree that any Content created by you in connection with the Program may be used by Crowdtap and its client for the purpose of advertising, promoting and publicizing Crowdtap and Client and Client’s products and services; provided that Crowdtap and Client will have to provide attribution to you for their use of the Content.
- No Ideas Accepted. Company does not accept any unsolicited ideas from outside the Company, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
- Links. This Site may contain links to other web sites not maintained by Company. Other web sites may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
- No Warranties. WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (II) TEN DOLLARS ($10).
- Changes. All information posted on the Site is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
- Indemnification. You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.
- Severability. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
- Waiver; Remedies. The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Company under these Terms and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
- Copyrights and Trademarks. Socialstars, Socialstars Rewards, and the Socialstars logo are trademarks and service marks of Crowdtap, Inc. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Socialstars Sites in whole or in part without the prior written permission of Socialstars.
- International Access. Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
- Governing Law/Arbitration/No Class Action. You waive all rights to trial in any and all disputes, claims and causes of action (collectively, “Claim”) in connection with the use of the Site. Except where prohibited by law, as a condition of using the Site, you agree that Claims arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in the terms of this Agreement and/or in connection with the entering of any judgment on an arbitration award in connection with the terms of this Agreement, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens. You agree that you must assert all Claims against us within one (1) year from the date the claim first accrued.
- Comments, Complaints and Questions. We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding these Terms, please feel free to contact us at email@example.com
- Notices and Legal Disclaimer. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Company Content may contain inaccuracies or typographical errors or technical inaccuracies. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Company Content. The use of the Company Site and the Company Content is at your own risk. Changes are periodically made to the Site and may be made at any time. Information may be changed or updated with or without notice.
Effective Date: This Agreement is effective and was last updated November 6, 2013.