Terms of Use for DatingSuperStar.com
DatingSuperStar.com, (the "Web Site" or
the "Site") is a service where teens 13 and older ("Teens")
can get advice from other Teens using message forums. DatingSuperStar.com is
provided by Wolfgang LLC. Wolfgang
LLC maintains this Web Site as a service to its customers. By using the Site,
you are agreeing to comply with and be legally bound by the following terms of
use. Please review the following terms carefully. If you do not agree to these
terms, you should not review information or obtain services, goods or products
from this site.
1. Acceptance of Agreement. You agree to
the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to the Site. This Agreement constitutes the
entire and only agreement between Wolfgang LLC and you (the "Member"),
and supercedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended at any time by Wolfgang LLC from time
to time without specific notice to Member. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
2. Age of Consent. By registering and
accepting this Agreement, Member represents and warrants that he or she is 13
years of age or older.
3. Authority to Participate. By
registering and accepting this Agreement, Member represents and warrants that he
or she can lawfully bind him or her self to this Agreement in the jurisdiction
where Member is located. No Member may participate where any law or regulation
having the force of law applicable to Member would prohibit doing so.
4. Copyright. The information,
organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site (collectively, the
"Content") are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
5. Trademarks. DatingSuperStar,
DatingSuperStar.com, Date or Not?, Dating Challenge, Dating Advice and others
are either trademarks or registered trademarks of Wolfgang LLC. Other product
and company names mentioned on the Site may be trademarks of their respective
owners.
6. Limited Right to Use. The viewing,
printing or downloading of any content, graphic, form or document from the Site
grants you only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
7. Editing, Deleting and Modification. Wolfgang
LLC reserves the right in its sole discretion to edit or delete any documents,
information or other content appearing on the Site.
8. Grants of Licenses. (a) You irrevocably
grant Wolfgang LLC, a nonexclusive, royalty-free, world-wide and perpetual
license to copy, display, disseminate, publish, translate, modify, reformat, or
create derivative works from anything you publish or post on the Web Site
("your information") or to combine your information with other
material. (b) Wolfgang LLC grants you a personal, nonexclusive, non-assignable
and nontransferable license to use and display the Content on any machine(s) of
which you are the primary User, and to copy or download Content solely for your
own non-commercial use. No other hard copy or electronic duplication,
transmission, redistribution, or publication of any Content is allowed, and you
may not use or include any content in any other print or electronic publication
or service. You will not alter or remove any trademark, copyright or other
notice from any copies of the Content. Your violation of the foregoing may
result in civil and/or criminal liability. You may not sublicense, assign or
transfer this license. Requests regarding use of the Service or Content for any
purpose other than your personal, non-commercial use should be directed to
legal@DatingSuperStar.com. Questions regarding copyright infringement should be
directed to legal@DatingSuperStar.com.
9. Member Conduct. You are solely
responsible for your information and warrant that you have all legal rights and
licenses necessary for you to comply with Section 8(a). We retain the right to
edit or delete any part of the content that is published, displayed or
distributed on the site. In connection with the Services and Content, you will
not: (a) act in an unwanted or offensive manner toward another User; (b) use the
Service for political, commercial or advertising purposes; (c) harm or exploit
minors in any way, which includes requesting personal or other information; (d)
post, submit or otherwise do anything with the Service, Content, or Web Site
that is unlawful, harmful, tortuous, defamatory, profane, obscene, libelous,
hateful or offensive to the average User; (e) act in a racially, ethnically, or
otherwise objectionable manner; (f) collect or store personal data of any other
User; (g) post or reference pornographic materials (whether in visual, textual,
or audio format); (h) discuss, incite or otherwise solicit illegal activity; or
(i) violate or infringe upon the proprietary or other rights of any individual
or third party.
10. Legal Compliance. Although Wolfgang
LLC may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and other communications on this Site, Wolfgang
LLC is under no obligation to do so, and assumes no responsibility or liability
arising from the content of any such locations, or for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, danger,
or inaccuracy of any information contained within such locations on this Site.
You are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law. Wolfgang LLC will fully cooperate with any law
enforcement authorities or court order requesting or directing Wolfgang LLC to
disclose the identity of anyone posting any such information or materials.
11. Indemnification. You agree to
indemnify, defend and hold Wolfgang LLC and our partners, attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
12. Nontransferable. Your right to use the
Site is not transferable. Any password or right given to you to obtain
information or documents is not transferable.
13. Disclaimer and Limits. THE INFORMATION
FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WOLFGANG LLC
AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WOLFGANG
LLC AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
WOLFGANG LLC AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM WOLFGANG LLC THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OF LIABILITY FOR ANY DAMAGES
CAUSED BY PRIZES AWARDED ON THE SITE OR FROM WOLFGANG LLC IS DISCLAIMED. YOU
AGREE THAT ACCEPTANCE OF ANY PRIZE OR PRIZES IS AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY WOLFGANG LLC, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS WOLFGANG LLC UNDER NO OBLIGATION TO
EITHER DELIVER A PRIZE, REGARDLESS OF WHETHER IT IS WARRANTED THROUGH THE SITE,
OR UNDER OBLIGATION FOR SAID PRIZE TO CONTAIN ANY SPECIFIC ITEMS.
Wolfgang LLC reserves the right
in its sole discretion to SEND A PRIZE, OR “PRIZE PACK”, OR NOT AND TO
DETERMINE THE CONTENTS OF SAID PRIZE.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR
DOCUMENT IS DISCLAIMED. WOLFGANG LLC WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
14. Use of Information. Wolfgang LLC
reserves the right, and you authorize Wolfgang LLC, to the use and assignment of
all information regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
15. Third-Party Services. Wolfgang LLC
allows access to or advertise third-party merchant sites ("Merchants")
from which you may purchase certain goods or services. You understand that
Wolfgang LLC does not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. Wolfgang LLC is not a party to the
transactions entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY WOLFGANG
LLC, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS WOLFGANG
LLC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
16. Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. Wolfgang LLC is not responsible
for information provided by you to Merchants. Wolfgang LLC and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
17. Privacy Policy. Our Privacy Policy, as
it may change from time to time, is a part of this Agreement.
18. Payments. You represent and warrant
that if you are purchasing something from Wolfgang LLC, or from Merchants that
(i) any credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any applicable
taxes.
19. Links to other Web Sites. The Site
contains links to other Web sites. Wolfgang LLC is not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by Wolfgang
LLC. Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by Wolfgang LLC If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
20. Copyrights and Copyright Agents. Wolfgang
LLC respects the intellectual property of others, and Wolfgang LLC asks you to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information: (a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (b) A
description of the copyrighted work that you claim has been infringed; (c) A
description of where the material that you claim is infringing is located on the
Site; (d) Your address, telephone number, and email address; (e) A statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and (f) A statement by you, made
under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached as follows: By email: legal@DatingSuperStar.com.
21. Information and Press Releases. The
Site contains information and press releases about Wolfgang LLC. While this
information was believed to be accurate as of the date prepared, Wolfgang LLC
disclaims any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or endorsed by
Wolfgang LLC
22. Choice of Law. This Agreement is
entered into in Texas. You agree that Texas law (regardless of conflicts of law
principles) shall govern this Agreement and that any dispute arising out of or
relating to this Agreement shall be subject to the federal and state courts in
Texas.
