TERMS AND CONDITIONS OF USE
If you are under 18 years of age, you must review this first section with your parents, and you must be over 16 years of age to register. This is the legal part of celebUrate.com which we will refer to from time to time in this document as “the Service”. It's just so everybody knows the rules for the Service on the Web. You must get your parents to review and discuss these rules with you:
1. If you see something you don't like, remember that all the stuff on the profiles and your personal message board etc comes straight from other people, not from us nor from the real celebrity. We wouldn't tell kids or anyone what to say, because everyone has minds of their own! But if someone uses vulgar words or profanities, we'll do our best to take care of it. We all want celebUrate.com to be a good, clean place to hang out. And remember, all the celebrity profiles are created by other people NOT by the celebrity themselves, so what you read and see about other celebrities may not be true.
2. By registering and managing your favorite celebs profile, and getting your parent’s permission to do so, you and your parents are telling us it's OK to publish what you say and for you to see what other people say. It means we can use it on our site, anywhere, until the end of time. Remember to ALWAYS check with your parents before you send anything to celebUrate.com. Of course, the legal office has their own code for saying all that.
Here's their version:
1. Service Information
2. Your Registration Obligations
You represent that you are at least 14 years of age, and if under 18 years of age have reviewed the first intro paragraph to these Terms with your parents, and are not a person barred from receiving services under the laws of the United States or your country of domicile or other applicable jurisdiction.
(a) provide accurate and current information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data within your Account page to keep it accurate and current. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). And (c), you must accept it is your responsibility to keep current, accurate and up to date information about your chosen/registered celebrity on your relevant celebrity profile page. You must not submit offensive, derogatory, slanderous, libelous or inaccurate information onto your chosen celebrities profile, and (d) you accept that all other profiles on celebUrate.com display content provided by other members of the public and NOT by the named celebrity in person, and (e) accept that we reserve the right to terminate any member account if it is not kept active by a minimum 2 log-ins per month, and contains sufficient information or content to be of interest to other site users. We will advise you of your default and in the event of no action being taken, we will offer your chosen Celebrity profile to other users.
3. Member Account, Password, and Security
You will create a profile using your chosen celebrities full name as the username and choose a password, you will complete other sections of the registration form, some obligatory and some optional to complete the Service's registration process. You must not create a profile on any person below the age of 16 years. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
(a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. With the exception of photograph and video approval, we do not control the Content posted via the Service and therefore do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, although we will do our best to ensure such content is removed. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You may not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, untruthful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content for a Service identity that you control, in whole or in part, for the purpose of altering reputation;
c. harm minors in any way; including, but not limited to, a Service administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 'a' through 'l' above.
You may inform us of anyone you consider violates these Terms by sending an email to email@example.com, or by clicking the Flag For Abuse link found on every Profile page.
We may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect our (or our users or the public's) rights, property, or personal safety.
The technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. Interstate Nature of Communications on Network
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. User Submissions and Conduct
As a registered user of the Service, you may submit photos and information about your chosen celebrity only, using the systems provided on the web site, and by no other means, you may submit pictures that are publically available and you have the right to use and that do not infringe copyrights as laid out in these Terms, nor contain, but not limited to, communication made to frighten, disturb or harass someone, any nudity, pornography, racism, obscene or defamatory material, scenes depicting violence, infringement or violation of intellectual property.
8a. Content Submitted or Made Available for Inclusion on the Service
The opinions, statements, content or any other information shown on our site must be accepted at face value and cannot be deemed to be accurate or reliable and is solely the work of its respective authors and not “the Service” which acts purely as the provider of an interactive computer service for use by the original author. You accept that you take full responsibility for the content, accuracy and truth of all and any submissions you make to the Service. You, as user and/or provider of information made available or shown on the Service agree that any information returned from our search results maybe deemed as unreliable and as such absolve "us" from any loss or damage arising from your reliance of these results.
8b Posting Removal
Where possible we will monitor all submissions solely to remove any profanities, or sensitive material such as social security numbers, bank information, Company or Product names or any other information deemed to be illegal. You accept as user and/or provider that in the event we do not remove such material, “the Service’ cannot be held responsible for any loss or damages arising thereof. You understand and agree that you are wholly responsible for all content you submit to “The Service”. We do not claim ownership of Content you submit or make available for inclusion on “ the Service”. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable:
(a) With respect to Content you submit or make available for inclusion on areas of the Service accessible to other members or to the public, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the members (or public) to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you edit or we remove such Content from the Service.
(b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you edit or we remove such Content from the Service.
(c) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
10. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. We may modify these general practices and limits from time to time.
11. Modifications to Service
We may at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination and Suspension of Account
You accept that any breach by you of the terms of this Agreement could result in the termination of your account with celebUrate.com. In the event of any breach, we will contact you to request you correct the wrongdoing and may suspend your account in the meantime. We reserve the right to immediately, without warning, terminate your account in the event that you do not respond to our correction request within 7 days of notification. However, you will still have the right to request reinstatement after termination if you give good reason, sanctioned by us. You also accept that in the event of termination at your request, or our decision, your chosen celebrities profile, your personal profile, comments, pictures, videos as submitted by you or by other people, and any pictures, comments, videos as submitted by others will remain on “the Service” for public viewing and will NOT be removed by us unless instructed to do so by law.
13. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. We shall 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 advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. We are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Our Proprietary Rights
The Service, including any associated software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not access the Service by any means other than through interfaces provided by us for use in accessing the Service. In the event that we provide you with Software (such as a plug-in or similar item), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software in connection with your access to the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
16. Disclaimer of Warranties
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR ITS EXTERNAL LINKS WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
17. Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. No Third Party Beneficiaries
21. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 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;
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.
We can be reached as follows:
By email: support@celebUrate.com
22. General Information, Entire Agreement.
Choice of Law and Forum.
(a) any objection you may have now or in the future to such jurisdiction or venue, and
Waiver and Severability of Terms.
No Right of Survivorship and Non-Transferability.
Your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents, appraisals etc therein permanently deleted.
Statute of Limitations.
24. Outside The United States.