TERMS OF USE

BrandStar and its subsidiaries (“Company”, “we” and “us”) operate this website along with other affiliated websites, including but not limited to those websites located at http://www.brandstar.com, http://www.theBalancingAct.com, http://www.DesigningSpaces.tv, http://MissionMakeover.tv,http://AccessHealth.tvhttp://www.OfficeSpaces.tv and all cobranded websites (collectively, “Website”). In addition to the content on the Website, the Website provides you with various opportunities to submit content and participate in various community services including, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and mobile applications related to the Website (collectively “Services”). BY USING THE WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE (“Agreement”). IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to any mobile device offerings and to the purchase of products, such as shipping and return policies, located elsewhere on this Website or on affiliated websites. If you decide to use such mobile device offerings or purchase products, you agree to such additional terms and conditions, as applicable.

INDEX

  1. Registration.
  2. User Submissions.
  3. User Conduct.
  4. Intellectual Property.
  5. Endorsements.
  6. Accuracy of the Information.
  7. Monitoring.
  8. Linking to the Website.
  9. Commercial transactions.
  10. Third Party Websites.
  11. Minors.
  12. Child Online Protection Act.
  13. Sweepstakes; Contests; Games.
  14. Access and Interference.
  15. Force Majeure.
  16. Disclaimers.
  17. Limitations of Liability.
  18. Indemnification.
  19. Termination.
  20. Export Control.
  21. General Provisions.
  22. Privacy.
  23. DMCA.
  24. Contact Information.
  25. Notice to California Residents.
  26. Copyright Notice.

1. REGISTRATION.

To access or participate in certain areas or features of this Website, you may be asked to register as a member of Company and to provide the Website with certain information about yourself. We use this information to improve this Website and to create Content that is more beneficial to our users. We maintain the privacy of your information as set forth in our Privacy Policy, located at http://www.brandstar.com/privacy and we process your personal data in compliance with all relevant laws and codes of practice. You are responsible for providing the Website with true and accurate information about yourself as requested and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Company suspects that your information is untrue or inaccurate, not current, or incomplete, Company may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Website or Services.  Members under the age of 18 must have parental consent before registering with Company, and children under the age of 13 may not register with Company.

A. Passwords

Should Company provide to you a password that allows you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Company of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties.

B. General

Company may choose to send you e-mail newsletters on a variety of topics – for example, informing you of membership benefits and features, letting you know of problems with the site or with Services offered by Company, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, Company may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.

2. USER SUBMISSIONS.

Company encourages members of the public to submit, post or publish content, including comments, photographs, videos and/or other content that they have created for and/or in connection with the Website, Services, sweepstakes and contests, and any related television programs and wireless and online broadcasts (collectively “User Content”).

A. Representations and Warranties.

      • You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content you represent and warrant that (i) you are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iii) you own or have obtained the necessary licenses, rights, consents, and permissions to use the User Content, to include the User Content on the Website, and to permit other users to use and download or print copies of the User Content, (iv) you authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content, and (v) you will not submit User Content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein. You retain all of your ownership rights in your User Content.
      • By posting User Content on the Website or otherwise submitting it to us, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate the User Content for any purpose in connection with the Website, our (and our successors’, parents’, and affiliates’) business and the promotion thereof or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. User Content will not be treated as confidential, and Company will be entitled to use all User Content for any purpose whatsoever, without any compensation to you, and we shall not be liable for any use or disclosure of any such User Content. The above licenses granted by you in User Content are perpetual and irrevocable.  We may remove User Content at any time.  You agree that we may retain archival copies of User Content that has been removed or deleted.
      • By using the Website and providing User Content, you acknowledge and agree that Company has access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to User Content in theme, idea, plot, format, characters and/or other respects. You understand and agree that you will not be entitled to any compensation or other consideration because of the use by Company of any such similar or identical material, ideas and/or concepts and further understand and agree that Company’s use of material containing elements similar to or identical with those contained in the User Content shall not obligate Company to negotiate with nor entitle you to any compensation or other claim.
      • You acknowledge that anything you submit to the Website is routed through Company’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that any submissions or postings are for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

B. Violations.

Company does not encourage, and does not seek User Content that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Company will reject any submission in which Company believes, in its sole discretion, that any such activities have occurred. If notified by a user of User Content that such allegedly violates any provision of this Agreement, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Content from the Website.

C. Notifications.

By using Web Site, you may be exposed to User Content which is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates this Agreement, we encourage you to email legal@brandstar.com. We reserve the right to modify or remove anything submitted, posted, or uploaded to the Website, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery, and we reserve the right to terminate or restrict access to this Website of the responsible user(s). However, under no circumstances will Company be liable for any errors, omissions, or offensive material contained in any User Content posted by users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any User Content posted by any users.

D. No Creative Submissions.

Company does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Company’s professional staff seem to others to be similar to a user’s own creative work. Accordingly, unless otherwise requested on this Website, Company requests that your comments relate to the services and products offered by Company and the Website, and that you not submit any creative ideas, suggestions, or materials. Any unsolicited submission will not be acknowledged or returned, and shall be deemed the property of Company.

E. No Spam.

Company will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

F. Personal Safety.

When using the Website, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

G. Company Disclaimer.

User Content does not represent the opinions or views of Company or any individual associated with Company, and we do not control this User Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of User Content. Company does not endorse, edit, verify, vouch for or control any User Content or the accuracy or credibility of any User Content posted on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website. Through your use of the Website and Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

3. USER CONDUCT.

The Website and the Services are not intended for children under the age of 13 and children under 13 should not use the Website or the Services. The Website is provided to users for their personal and non-commercial use.  Any unauthorized commercial use of the Website is prohibited.  The use of the Website to solicit business for any competitive website or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit on or through the Website or that are posted or submitted using your account.  Users may be held legally liable for any Content posted to this Website, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. We reserve the right to monitor the Website at any time to ensure that these rules are being observed.

Please choose carefully what you post or submit. You warrant and agree that while using the Website, you will not:

      • harvest, collect or store personal data about other users or members;
      • use the Website in any manner contrary to its authorized use and the terms of this Agreement;
      • gain or attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or by any other means;
      • interfere with another Member’s use and enjoyment of the Site;
      • circumvent, disable or otherwise interfere with security-related features or other features that prevent or restrict the copying or use of any content on the Site;
      • sublicense, sell, rent, lease, distribute, transfer or exploit any right in any portion of the Website;
      • alter or modify any portion of the Website;
      • remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Website;
      • use the Website in connection with chain letters, junk email, spamming, surveys, contests, pyramid schemes, repetitive posts, or unsolicited messages (commercial or otherwise), or advertising of any kind;
      • create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of or affiliation of the sender or the origin of a message;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, pornographic, racially, ethnically, or otherwise objectionable material (including, but not limited to, posting the private information of other parties);
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that violates or infringes in any way upon the rights of others, including, without limitation, any intellectual property rights, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes “warez” (copyrighted software that is distributed illegally), “MP3″ files of copyrighted music, copyrighted photographs, text, video, or artwork;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any false or altered “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using a Company address or containing any references to Company (“spam”), junk mail, chain letters, pyramid schemes, or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material that constitutes “stalking” or any other form of harassment of any member or user of the Website or any other person;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, hacking, cracking, or phreaking);
      • upload, post, link to, transmit, distribute, provide or otherwise publish through the Website, any Content that advertises or promotes any product or service, or solicits funds, advertisers or sponsors;
      • intentionally or unintentionally violate any applicable local, state, national or international law;
      • engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.

4. INTELLECTUAL PROPERTY.

As a visitor to the Website, you are granted a limited, non-exclusive, non-transferable license to access and use the Website in accordance with this Agreement. Company may terminate this license at any time for any reason, whatsoever. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, or any portion thereof.

A. Copyright.

All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For the purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

B. Trademarks.

All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Company design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Company’s prior written consent. The use of any Marks on any other website or network computer environment is not allowed. Company prohibits the use of Marks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.

5. ENDORSEMENTS.

All products and marks that appear on the Website that are not Company’s products or marks are the products or marks of their respective owners.  Reference to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, products or services.  Similarly, Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Content.

6. ACCURACY OF INFORMATION.

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website, including but not limited to, content, features or hours of availability.  We may impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.

7. MONITORING.

Company has no obligation to monitor the use of the Website by users or members. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Website for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Website constitutes consent to such monitoring. Furthermore, Company reserves the right at all times to disclose any information posted on any portion of the Website as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Company’s sole and absolute discretion are objectionable or in violation of this Agreement. Notwithstanding this right, we are not responsible for any materials posted by users or members.

8. LINKING TO THIS WEBSITE.

Creating or maintaining any link from another web site to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

9. COMMERCIAL TRANSACTIONS.

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

10. THIRD PARTY WEBSITES.

From time to time, this Website may contain links to websites and/or resources that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other web sites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

11. MINORS.

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Website or Services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Website and Services; and (c) the consequences of any use of the Website and Services by such Minor. Children under the age of 13 should not register for the Website or Services hereunder. At various places on the Website, we may ask whether users are under the age of 18 or 13. Company relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

12. CHILD ONLINE PROTECTION ACT NOTIFICATION.

Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Net Parents website, http://www.netparents.org/parentstips/browsers.html. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.

13. SWEEPSTAKES; CONTESTS; GAMES.

If Company conducts a sweepstakes, contest, or game on the Website, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstakes, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

14. ACCESS AND INTERFERENCE.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

15. FORCE MAJEURE.

Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

16. DISCLAIMERS.

Your use of this website is at your risk. The content, functions, information, materials and services provided on or through this website are provided “as is” without any warranties of any kind whatsoever, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither company, nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither company, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services.

17. LIMITATIONS OF LIABILITY.

Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. In no event will company, or any of its officers, directors, employees, shareholders, affiliates, agents, licensees, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this web site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this web site, to the extent permitted by law, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services. In no event shall company’s total liability to you for all damages, losses, and causes of action whether in contract or otherwise exceed the greater of (a) twenty five dollars ($25.00) or (b) the value of your purchase on the website.

18. INDEMNIFICATION

You agree to defend, indemnify and hold Company, its officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your breach or violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your dispute with another member or user; (iv) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (v) your violation of any law, rule or regulation of the United States or any other country; (vi) any claim for damages that arise as a result of any User Content that you provide to Company; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

19. TERMINATION.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Company and its licensors.

20. EXPORT CONTROL.

Unless otherwise specified, the materials on the Website are presented solely to provide information regarding and to promote Company’s Website  and Services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Company from its offices within the state of Florida, United States of America. Company makes no representation that materials on the Website are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

21. GENERAL PROVISIONS.

Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of Florida, United States of America. You consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Website is controlled and operated by Company from its offices within the State of Florid, United States of America. Company makes no representations or warranties that the Content of this Website is appropriate or lawful in any jurisdictions outside the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.  All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.

The terms and conditions of this Agreement are the entire agreement between the user and Company and supersede any prior understandings or agreements (written or oral).

For an explanation of our online information practices with regards to information collected or submitted to the Website, please see our Privacy Policy.

23. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.

Please provide the following information:

      • Identify the copyrighted work or other intellectual property that you claim has been infringed;
      • Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
      • 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;
      • A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
      • Your address, telephone number, and email address; and
      • Your physical or electronic signature.

Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:

BrandStar
Attn: Business & Legal Affairs
2001 West Sample Rd.
Pompano Beach, FL  33064

Email: legal@brandstar.com

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

      • Your physical or electronic signature;
      • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person; and
      • The written consent to process your personal data provided to us.

24. CONTACT INFORMATION.

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we encourage you to contact us via written correspondence to:

BrandStar
Attn: Business & Legal Affairs
2001 West Sample Rd.
Pompano Beach, FL  33064

If you have any other questions, please email legal@brandstar.com

25. NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, California residents are entitled to the following additional specific consumer rights information:

      • To file a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at the address, email address, or telephone number listed above in paragraph 24.
      • You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

26. COPYRIGHT NOTICE.

All Website design, graphics, text selections, arrangements, and all software are Copyright 2015 © BrandStar. All Rights Reserved.