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Starburst Home Page - Service Agreement/Statement
 

1. Definitions.


"STARBURST HOME PAGE " is the interactive on-line service operated by StarBurstHomePage.com ("STARBURST HOME PAGE") on the World Wide Web of the Internet, consisting of information services, home page linking and content provided by STARBURST HOME PAGE, affiliates of STARBURST HOME PAGE and other third parties. "Subscriber and Member" means each person, association, or company who establishes or accesses a connection ("Account") for access to and use of STARBURST HOME PAGE.


2. General.


(A) This Agreement, which incorporates by reference other provisions applicable to use of STARBURST HOME PAGE, governing the use of certain specific material contained in STARBURST HOME PAGE, sets forth the terms and conditions that apply to use of STARBURST HOME PAGE by Subscriber and Member or Member. By using STARBURST HOME PAGE, Subscriber and Members and Members agree to comply with all of the terms and conditions hereof. The right to use STARBURST HOME PAGE is personal to Subscriber and Member and is a personal, company or association for Members and is not transferable to any other person or entity. Subscriber and Member and Members are responsible for all use of their Account (under any screen name, email or password) and for ensuring that all use of their Account complies fully with the provisions of this Agreement. Subscriber and Member and Members shall be responsible for protecting the confidentiality of Starbursthomepage.com's source code accessible from the use of their browser on the Internet.


(B) STARBURST HOME PAGE shall have the right at any time to change or discontinue any aspect or feature of STARBURST HOME PAGE, including, but not limited to, content, hours of availability, and equipment needed for access or use.


3. Changed Terms.


STARBURST HOME PAGE shall have the right at any time to change or modify the terms and conditions applicable to Subscriber and Member's and Member's use of STARBURST HOME PAGE, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on STARBURST HOME PAGE, or by electronic or conventional mail, or by any other means by which Subscriber and Member and Members obtains notice thereof. Any use of STARBURST HOME PAGE by Subscriber and Member or Member after such notice shall be deemed to constitute acceptance by Subscriber and Member/Member of such changes, modifications or additions.


4. Equipment.


Subscriber and Member's and Member's shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of STARBURST HOME PAGE and all charges related thereto.


5. Subscriber and Member's and Member's Conduct.


(A) Subscriber and Member's and Members shall use STARBURST HOME PAGE for lawful purposes only. Subscriber and Member shall not post or transmit through STARBURST HOME PAGE any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without STARBURST HOME PAGE's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber and Member that in STARBURST HOME PAGE's discretion restricts or inhibits any other Subscriber and Member from using or enjoying STARBURST HOME PAGE will not be permitted. Subscriber and Member shall not use STARBURST HOME PAGE to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Subscriber and Members of other on-line information services competitive with STARBURST HOME PAGE.


(B) STARBURST HOME PAGE contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of STARBURST HOME PAGE are copyrighted as a collective work under the United States copyright laws. STARBURST HOME PAGE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber and Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber and Member may download copyrighted material for Subscriber and Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of STARBURST HOME PAGE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber and Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.


(C) Subscriber and Member shall not upload, post or otherwise make available on STARBURST HOME PAGE any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber and Member. Subscriber and Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of STARBURST HOME PAGE , Subscriber and Member automatically grants, or warrants that the owner of such material has expressly granted STARBURST HOME PAGE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber and Member also permits any other Subscriber and Member to access, view, store or reproduce the material for that Subscriber and Member's personal use. Subscriber and Member hereby grants STARBURST HOME PAGE the right to edit, copy, publish and distribute any material made available on STARBURST HOME PAGE by Subscriber and Member.


(D) The foregoing provisions of Section 5 are for the benefit of STARBURST HOME PAGE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


6. Disclaimer of Warranty; Limitation of Liability.


(A) SUBSCRIBER AND MEMBER EXPRESSLY AGREES THAT USE OF STARBURST HOME PAGE IS AT SUBSCRIBER AND MEMBER'S SOLE RISK. NEITHER STARBURST HOME PAGE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT STARBURST HOME PAGE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF STARBURST HOME PAGE , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH STARBURST HOME PAGE.


(B) STARBURST HOME PAGE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.


(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER AND MEMBER SPECIFICALLY ACKNOWLEDGES THAT STARBURST HOME PAGE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBER AND MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER AND MEMBER.


(D) IN NO EVENT WILL STARBURST HOME PAGE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING STARBURST HOME PAGE OR THE STARBURST HOME PAGE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE STARBURST HOME PAGE . SUBSCRIBER AND MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON STARBURST HOME PAGE.


(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, STARBURST HOME PAGE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN STARBURST HOME PAGE , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBER AND MEMBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. STARBURST HOME PAGE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, STARBURST HOME PAGE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.


7. Monitoring

STARBURST HOME PAGE shall have the right, but not the obligation, to monitor the content of STARBURST HOME PAGE , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by STARBURST HOME PAGE and to satisfy any law, regulation or authorized government request. STARBURST HOME PAGE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on STARBURST HOME PAGE . Without limiting the foregoing, STARBURST HOME PAGE shall have the right to remove any material that STARBURST HOME PAGE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


8. Advertisement, Services, Software and Other Fees Paid To Starbursthomepage.com
Subscriber's and Member's are responsible to make payments for advertisement and other services within 30 days. Subscribers and Member's agree to a 5% of the amount owed late payment fee if the payment for services or products is not paid within the 30 days.


9. Indemnification.


Subscriber and Member agrees to defend, indemnify and hold harmless STARBURST HOME PAGE, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of STARBURST HOME PAGE by Subscriber and Member or Subscriber and Member's Account.


10. Termination.


Either STARBURST HOME PAGE or Subscriber and Member may terminate this Agreement at any time. Without limiting the foregoing, STARBURST HOME PAGE shall have the right to immediately terminate Subscriber and Member's Account in the event of any conduct by Subscriber and Member which STARBURST HOME PAGE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber and Member of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.


11. Trademarks.


STARBURST HOME PAGE logos are trademarks of Starburst Home Page and Starbursthomepage.com. All rights reserved. All other trademarks appearing on STARBURST HOME PAGE are the property of their respective owners.


12. Third Party Content.

STARBURST HOME PAGE is a distributor (and not a publisher) of content supplied by third parties and Subscriber and Members. Accordingly, STARBURST HOME PAGE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscriber and Members or any other user of STARBURST HOME PAGE , are those of the respective author(s) or distributor(s) and not of STARBURST HOME PAGE. Neither STARBURST HOME PAGE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)


In many instances, the content available through STARBURST HOME PAGE represents the opinions and judgments of the respective information provider, Subscriber and Member, or other user not under contract with STARBURST HOME PAGE. STARBURST HOME PAGE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on STARBURST HOME PAGE by anyone other than authorized STARBURST HOME PAGE employee spokespersons while acting in their official capacities. Under no circumstances will STARBURST HOME PAGE be liable for any loss or damage caused by a Subscriber and Member's reliance on information obtained through STARBURST HOME PAGE . It is the responsibility of Subscriber and Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through STARBURST HOME PAGE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


13. Miscellaneous.


This Agreement and any operating rules for STARBURST HOME PAGE established by STARBURST HOME PAGE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


14. EXECUTION, INTERPRETATION AND ASSIGNMENT

This Agreement shall be binding on the Subscriber's and Members and shall be deemed
to have been entered into in the Commonwealth of California, and its interpretation,
construction and the remedies for its enforcement or breach shall be according to the law
of the Commonwealth of California.

Subscriber's and Member's shall not assign any of its rights or obligations hereunder
except with Starbursthomepage.com's prior written permission.

It is understood and agreed that StarburstHomePage.com and Subscriber's and Member's are independent contractors and each is engaged in the operation of its own personal use or business and neither will be considered the agent of the other for any purpose whatsoever. Nothing contained in this Agreement will be construed to establish a relationship that would allow either party to make representations or warranties on behalf of the other except as expressly set forth herein.



 

 

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