Terms & Conditions
Permitted Use of the Site Content
This Site is provided on an "as is" basis by Allstar Marketing Group, LLC for the convenience and entertainment of its customers and users. The Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of Siteowner. The Site is intended for use by United States residents 18 years of age or older. Assuming you meet such qualifications, you are permitted to access the Site and the content provided by Siteowner (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, "Content") solely for the purpose of receiving information about Siteowner's business and products, communicating with Siteowner, posting information, or otherwise as stated on the Site.
Siteowner hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose unless in accordance with the Terms or without the express written permission of the Content's owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Siteowner. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Siteowner and/or its licensors, each of whom reserves all rights with regard to such materials.
Siteowner may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Siteowner reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Siteowner shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant Siteowner a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content (including your name, image, and likeness, messages, notes, text, information, photographs, video, and any other content provided by you to Siteowner via the Site (which is referred to in these Terms as "User Content") that you upload, publish or display (hereinafter, "post"), including but not limited to any posts you may create or submit. All User Content that is posted on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for any User Content that you post or transmit to others or share.
Siteowner is committed to ensuring that the Site remains a fun and safe place. To that end, Siteowner allows users to be creative with their User Content. You cannot use the Site to post Prohibited Content and you cannot post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. Generally, Prohibited Content includes User Content or other material that Siteowner believes:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; Infringes any third party's proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret. Violates or otherwise encroaches on the rights of others including the rights of publicity of any third party; Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service; Advocates illegal activity; Harms anyone, including minors or animals; or, Provides a link to any of the above. Siteowner has the sole discretion to determine whether User Content is Prohibited Content, and any User Content submitted to the Site may be subject to examination by Siteowner from time to time. Although Siteowner may not examine or otherwise review all User Content submitted or transmitted to the Site, Siteowner may delete, move, and edit User Content for any reason, at any time, without notice. By viewing the Site, you may be exposed to User Content that you consider to be offensive. You take sole responsibility for such exposure. Siteowner in no way guarantees the accuracy, quality or appropriateness of User Content available through the Site. In connection with such User Content, you warrant and represent to Siteowner that you have all rights, title and interests and permissions necessary to provide such User Content to Siteowner, and that your provision of the User Content to Siteowner does not contain Prohibited Content and does not infringe any third party's proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret, or the rights of publicity of any third party.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to violate the user conduct terms set forth above, including repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the access by any users who infringe any intellectual property rights of others, with or without further warning.
Siteowner makes no warranties, express or implied, with regard to the Site, its operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. Siteowner makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. Siteowner reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while Siteowner utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site. IN NO EVENT SHALL SITEOWNER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF SITEOWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL SITEOWNER'S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED FIVE HUNDRED DOLLARS ($500). Siteowner may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Siteowner of such sites or an affiliation between Siteowner and the owners of such sites, nor shall Siteowner be liable for the contents of such sites. Siteowner will also not be liable for any errors in such links, or for any malfunction of such links.
By using this Site, you agree to indemnify and hold harmless Siteowner, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to Siteowner.
Governing Law Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in New York, NY.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Siteowner in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
Any notices or information you need to send us in association with this User Agreement, including notifications of claimed copyright or intellectual property infringement, must be submitting in writing via certified mail to the following address:
Digital Millennium Copyright Act Notification ALLSTAR PRODUCTS GROUP, 2 Skyline Drive, Hawthorne, NY 10532
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on the site; 4) Your address, telephone number, and email address; 5) 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 6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Modification of Terms. Siteowner may amend these Terms at any time, for any reason, and without notice, including the right to terminate the website or any part of the website. Any amendments or modifications made by Siteowner will be prospective only. Date of Last Revision:September 4, 2009