Terms and conditions for Use/ End User License Agreement
Way to stardom. may be referred hereinafter as “ way to stardom”, “we” or “us”, whether in uppercase, lowercase or a combination.
Whether You are accessing or have accessed any of way to stardom site, services, offerings, Content, products, or applications, by the way of the internet websites located at the www.waytostardom.com or by way of a mobile device, smart-phone, tablet, reader, application or app, software, tangible content medium (including a dvd or flash drive), Facebook, Twitter, a video service (such as YouTube or Vimeo) (none of which The Way to stardom is affiliated with), or any other device or method now known or developed in the future (individually and collectively, “the,” “any,” or “a” “Way to stardom Platform”) the terms and conditions set forth below and in the frequently asked questions (“FAQs”) where such FAQs specifically indicate they are integrated into this, the, or these Terms of Service / End User License Agreement (collectively, "Terms") govern Your viewing, entering, or using any Way to stardom Platform, and any of the offerings, Content, products, and services of THE WAY TO STARDOM, including Your subscription to and use of the Way to stardom platform services. These Terms and Conditions set forth herein are a legal contract between Way to stardom and You including any individual, a company, organization or trust, any legal form of entity. An individual user of at least 18 years of age, no matter the legal form of the entity -- (“entity”), then You represent and warrant that You are an authorized representative of that entity with the authority to bind such entity to the Terms and Conditions and agree to be bound by the Terms and Conditions on behalf of such entity ("You," “user,” or, collectively, "users," whether in uppercase, lowercase, or a combination).
If You do not agree to or with any and each and every of the terms in these Terms and Conditions, exit or close the Way to stardom Platform immediately and do not access or otherwise use any Way to stardom Platform, offerings, Content, products, services, or any information contained on or through any Way to stardom Platform. These Terms and Conditions shall be binding upon You for using of any Way to stardom Platform, offerings, Content, products, services, or any information contained on or through any Way to stardom Platform. You acknowledge that You have read and understood, and agree to be bound by, the Terms and Conditions set out herein below.
The Way to stardom Platform, offerings, Content, products, and services of Way to stardom are not available to persons under the age of 18 or to any Users (including subscribers, purchasers, or members, as may be applicable) previously suspended or removed from any the Way to stardom Platform by the Way to stardom by downloading, installing, accessing, or otherwise using any the way to stardom Platform, offerings, Content, products, or services. You represent that You are at least 18 years of age and have not been previously suspended or removed from any Way to stardom Platform.
2. SERVICES OF Way to Stardom
You may register for a password to log in to Way to stardom Platform and to use certain functions and areas within any Way to stardom Platform. As part of the registration process, You may be asked to select a username and password. Way to stardom may refuse to grant You a username that we believe impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Way to stardom in its sole and unfettered discretion. You are responsible for maintaining the confidentiality of Your password and account and agree to notify us if Your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify Way to stardom of any unauthorized use of Your account or any other breach of security in relation to any Way to stardom Platform known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of Your username, password, or any credit, debit, or charge card number, if applicable), then You agree to immediately change Your password and notify THE WAY TO STARDOM. You may be liable for the claims against or losses incurred by us or others due to any unauthorized use of your account. Further, only one person may use each account (user name and password) for sale and purchase of the Content through digital platform provided by THE WAY TO STARDOM, unless we agree otherwise.
4. LICENSE GRANT TO UPLOAD
YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY.
Subject to Your compliance with the terms and conditions set out in these Terms and Conditions, Way to stardom here by grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Way to stardom digital Platform for the uploading, submitting, posting, distributing, or otherwise making available of authorized digital content, including electronic documents, information, messages, comments, or other content or material ("User Content").
Users' Content uploaded at their own risk. Notwithstanding any obligations here under of Way to stardom to protect User Content with these Terms and Conditions or security measures, Way to stardom cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of User Content nor liable for any copying or usage of the User Content not authorized by us.
5. RESERVATION OF RIGHTS
Way to stardom reserves all rights not expressly granted in these Terms and Conditions.
6. PREVENTION OF UNAUTHORIZED USE
Way to stardom reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Content and any Way to stardom Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. Way to stardom reserves the right to monitor your use of any Way to stardom Platform to ensure compliance with this Agreement. If THE WAY TO STARDOM, or its affiliates, or assignees, in their sole and unfettered discretion, determine that you are not in compliance with this Agreement, Way to stardom reserves the right to take such action deemed necessary to resolve this issue.
USER CONTENT LICENSE GRANT; REPRESENTATIONS AND WARRANTIES
8.1 Retention of Ownership
You retain all of Your ownership rights in User Content owned by You, unless You choose to give up any ownership right.
8.2 License Grant to THE WAY TO STARDOM
Unless otherwise agreed to in a separate written agreement between You and Way to stardom signed by an authorized representative of Way to stardom by pen on paper:
a) By uploading, making available for upload, distributing, or disseminating User Content through the Site, You hereby grant to Way to stardom a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media format and through any media channel or Way to stardom Platform, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the Way to stardom Platforms and services offered or to be offered by THE WAY TO STARDOM, including by allowing Your User Content to be embedded on the websites of Users by using the Way to stardom embeddable viewer (see,http://www.docstoc.com/FAQ/#section=copyright&question=May_I_embed_documents_on_my_own_website?). Way to stardom may put restrictions on any of Your User Content and restrict access and ability to view, download, or print to Premium Members or other members or Users. You are reminded that You agree not to upload documents (User Content) that violate the Terms and Conditions, including User Content that might infringe upon the copyrights or other rights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 5.3, the license granted by You may terminate as to a specific piece of User Content once You remove or delete such User Content from any Way to stardom Platform if You write us at Copyright at www.waytostardom.com with the following in the subject line: “Request to Terminate User Content License” requesting such termination. If, however, Way to stardom accepts such requested termination, Way to stardom may maintain one or more copies of all User Content for its records and any other legal purpose.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management (“DRM”) tools, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied, or played. Way to stardom may utilize DRM tools in connection with Content, including Your User Content.
8.3 License Grant to Other Way to stardom Users.
By uploading, making available for upload, distributing, or disseminating User Content through Way to stardom Platform, You hereby grant to each User that is authorized to access Your User Content, a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by the Terms and Conditions and every Way to stardom Platform, as well as to embed Your User Content on the websites of Users by using the Way to stardom embeddable viewer (see, http://www.docstoc.com/FAQ/#section=copyright&question=May_I_embed_documents_on_my_own_website?). Further, unless You clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content or Materials for personal use or for business use. You are aware and agree that unless You clearly state otherwise, if the business of a User involves advising any third party about any of the matters in any Content including User Content, then unless otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the User Content subject to the terms of the Terms and Conditions, such User may then utilize such User Content in providing advice to each such third party. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from Way to stardom Platform provided, however, that User rights to Your User Content arising out of distributions occurring on or prior to deletion of such User Content from any Way to stardom Platform survive any termination or expiration of the license You have granted. In other words, for example, once another User has downloaded or printed Your User Content, no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and Way to stardom has no obligation to prevent, limit, or take any other measures to affect that availability.
8.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize Way to stardom and the buyers after purchasing your user content to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by Way to stardom and these Terms and Conditions;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY;
(3) Your User Content does not contain or link to any cookies, viruses, adware, spyware, worms, Trojans, or other malicious code; and
(4) Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.
Violators of third party rights may be subject to criminal and/or civil liability. Way to stardom reserves all rights and remedies against any Users who violate these Terms and Conditions, including the right to remove User Content and to terminate Your account(s) and access to any and every Way to stardom Platform and service.
8.5 Content Disclaimer
You understand and agree that when using a Way to stardom Platform You will be exposed to Content from a variety of sources and that Way to stardom is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Way to stardom with respect thereto. Way to stardom does not endorse any Content or any opinion, recommendation, or advice expressed therein and Way to stardom expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content that allegedly does not conform to these Terms and Conditions, Way to stardom may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Content, which it reserves the right to do at any time and without notice. For further clarity, Way to stardom does not permit copyright infringing activities on Way to stardom Platform.
You understand and agree that all aspects of Content, Services, or other information provided by or through Way to stardom Platform are for informational purposes only. Your use of any information, or any aspect of any Content or Services from or through Way to stardom Platform, regardless of the manner in which it is obtained, is entirely at Your own risk, for which Way to stardom shall not be liable. It shall be Your own responsibility to ensure that any aspect of any Content, Service, or information available from or through Way to stardom Platform meets Your specific requirements. The Content or Services provided by Way to stardom may be inappropriate for Your particular circumstances. You understand and agree that Way to stardom is not a law firm, and does not provide legal advice. You have read and agreed with and to the disclaimer located here [specify link].
9. MORE ON USER CONTENT
You acknowledge that You are responsible for the User Content that You submit, upload, post, or otherwise make available on or through a Way to stardom Platform ("provide" or "provided") and through the services available in connection with a Way to stardom Platform. You further acknowledge that You, and not way to stardom have full responsibility for Your User Content, including its legality, reliability, and appropriateness, and that You have all rights regarding trademark and copyright ownership and all other rights, license of which on the sale of user content shall be granted to the purchaser for further use of the same for own use or for commercial use. You agree that
(a) User Content provided by You in connection with a Way to stardom Platform, is provided pursuant to the specific Creative Commons License type that You select when You upload or post Your User Content (see http://creativecommons.org/about/licenses),
(b) Way to stardom may set the Creative Commons License type to “Public Domain” by default, and You will exercise care in changing or selecting the license type when You upload or post Your User Content, no matter how uploaded or posted, including by bulk upload with Way to stardom Sync,
(c) User Content that is provided by You in connection with a Way to stardom Platform is provided on a non-proprietary and non-confidential basis, and
(d) Way to stardom is free to use such User Content for the purpose of providing You with the associated services, and You grant Way to stardoma sub-licensable, non-exclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, publicly perform, publicly display, reproduce, distribute, modify, and prepare derivative works of the User Content.
You will only choose the license type that You have the right to choose. For example, if You did not originally author the document (Your User Content), but You came into possession of the User Content because it was another User Content document with a Creative Commons Attribution Share Alike license type You may not designate that document as being in the public domain. (According to Creative Commons, this license type lets others remix, tweak, and build upon a work even for commercial reasons, as long as they credit the original author and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on the original author’s work will carry the same license, so any derivatives will also allow commercial use.). Again, please note that by default, unless You change the designation, You may be designating Your User Content as public domain and it is likely that You may only do that if You are the sole and exclusive rights holder of the work (but You will check with Your own legal counsel about that).
You are responsible for creating and maintaining copies of any User Content or Content that You store on THE WAY TO STARDOM, including in the private documents storage area on or through a Way to stardom Platform. Way to stardom is not responsible for creating or maintaining any such copies, and Way to stardom may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all, and is not responsible for loss of User Content or other Content, including, without limitation, THE WAY TO STARDOM’s negligent or intentional deletion of any User Content, Your membership account, or other Content.
You further agree that You will not upload to THE WAY TO STARDOM’s servers, post, or otherwise make available on a Way to stardom Platform any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner or rights holder of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
You represent and warrant that: (i) You own all User Content posted by You on or through a Way to stardom Platform or otherwise have the right to grant the licenses to Way to stardom and its Users set forth herein, and (ii) the posting of Your User Content on or through a Way to stardom Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any User Content posted by You to or through a Way to stardom Platform.
When submitting User Content to or otherwise using a Way to stardom Platform and/or the services, You also agree not to, without limitation, the following:
Use a Way to stardom Platform for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access a Way to stardom Platform as such services are offered by THE WAY TO STARDOM;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
Incite or encourage illegal activity;
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post or upload anything that exploits children or minors or that depicts cruelty to animals;
Post any copyrighted or trademarked materials without the express permission from the owner;
Post or upload any other party’s trade secrets;
Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security;
Post or upload outdated materials such as outdated sex offender registries;
Post or upload Court documents that have been sealed;
Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
Post or upload any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
Post or upload any content that might be fraudulent, inaccurate or misleading;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, access Way to stardom Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via a DOCSTOC Platform, or perform any other similar fraudulent activity;
Use a Way to stardom Platform for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of a Way to stardom Platform or Content, features that prevent or restrict use or copying of any content accessible through a Way to stardom Platform, or features that enforce limitations on the use of a Way to stardom Platform Site or Content;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of a Way to stardom Platform or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate, or create derivative works based upon a Way to stardom Platform or Content or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage operation of a Way to stardom Platform or any User's enjoyment of a Way to stardom Platform or Content, by any means, including uploading, linking to, or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third party’s mail servers without the permission of that third party;
Use any robot, spider, scraper, or other automated means to access a Way to stardom Platform, except for accessing Way to stardom RSS feeds;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through a Way to stardom Platform;
Interfere with or disrupt a Way to stardom Platform or servers or networks connected to a Way to stardom Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to a Way to stardom Platform;
Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the Way to stardom experience;
Engage in any activity or upload commercial content that generally detracts from the Way to stardom experience;
Take any action that imposes an unreasonable or disproportionately large load on THE WAY TO STARDOM’s infrastructure or any Way to stardom Platform; and
Artificially inflate or alter the ratings available on a Way to stardom Platform or alter any comments posted by others on a Way to stardom Platform;
Create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers;
Link directly or indirectly to or include descriptions of services that are prohibited under the Terms and Conditions, or that You do not have a right to link to or include;
Consummate any transaction that was initiated using any Way to stardom Platform or Service that, by paying to Way to stardom a fee, could cause Us to violate any applicable law, statute, ordinance or regulation.
This list of prohibitions provides examples and is not exhaustive. Way to stardom reserves the right to (a) terminate Your access to Your account or Your ability to access, post, or upload to a Way to stardom Platform (or the services) and (b) refuse, delete, or remove any Content, with or without cause and with or without notice, for any reason or no reason, or for any action that Way to stardom determines in its sole and unfettered discretion is inappropriate or disruptive to a Way to stardom Platform or to any other User of a Way to stardom Platform and/or services. Way to stardom may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at THE WAY TO STARDOM’s sole and unfettered discretion, Way to stardom may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a Way to stardom Platform or on the Internet. Such termination or suspension may continue so long as Way to stardom suspects the violation in question and Way to stardom will have no liability to You for such termination or suspension, including, without limitation, liability to refund any fees paid for any Content, documents, features, or subscriptions.
These prohibitions do not require Way to stardom to monitor, police, or remove any User Content or other information submitted by You or any other User, or monitor, police, or report any User activity.
10. UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any Way to stardom Platform, Services, or Content contained on or available through a Way to stardom Platform may impermissibly violate certain laws and regulations. You agree to indemnify, defend, and hold harmless Way to stardom and its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners from and against any and all claims, costs, damages, liabilities, and expenses (including attorneys' fees and costs) Way to stardom or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim, action, or demand from a third party that Your use of a Way to stardom Platform, Service, Content, or the uploading of Your User Content (or what You represent is Your User Content), or the use of a Way to stardom Platform, Service, or Content, or the uploading of User Content by any person using Your user name and/or password (including, without limitation, Your participation in the posting areas or Your User Content) violates any applicable law or regulation, including the copyrights, trademark rights, or other rights of any third party.
11. PROPRIETARY RIGHTS
THE WAY TO STARDOM® is a registered trademark of the way to stardom. Other trademarks, names, and logos on a Way to stardom Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed on a Way to stardom Platform or Content (collectively the "Trademarks") are the registered and unregistered trademarks of the way to stardom, its licensors, suppliers, and others. The Trademarks owned by THE WAY TO STARDOM, whether registered or unregistered, may not be used in connection with any product or service that is not THE WAY TO STARDOM’s in any manner that may cause confusion with or to customers, or in any manner that disparages Way to stardom or blurs, tarnishes, or dilutes the Trademarks or THE WAY TO STARDOM. Nothing contained on a Way to stardom Platform, Service, Content, communication, or herein should be construed as granting, by implication, estoppels, waiver, or otherwise, any license or right to use any Trademark without the express written permission of the way to stardom its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Way to stardom may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified in these Terms and Conditions, all information and screens appearing on a Way to stardom Platform, including documents, services, Way to stardom Platform design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of THE WAY TO STARDOM, Copyright © …….. THE WAY TO STARDOM. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
12. TRADEMARK INFRINGEMENTS; NOTIFICATION
Way to stardom respects the intellectual property rights of others, and we require You to do the same. Way to stardom may, in appropriate circumstances, and at our sole and unfettered discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide Way to stardom's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site, including specific information (not general information, or a “search”) where such works are to be located.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at any Way to stardom Platform, and information reasonably sufficient to permit Way to stardom to locate the material.
Information reasonably sufficient to permit Way to stardom to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Way to stardom reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
THE WAY TO STARDOM's agent for notice of claims of trademark infringement on this Site can be reached as follows:
Way to stardom reserves the right to remove User Content without notifying You if You posted User Content, and without providing You with an opportunity to submit a counter-notification, and You waive any rights or claims that You might have against Way to stardom for removing Your User Content. , including without notifying You of THE WAY TO STARDOM’s receipt of a DMCA takedown notice or providing You with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.
13. DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL
YOUR USE OF ANY WAY TO STARDOMPLATFORM, SERVICE, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. WAY TO STARDOMSHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY WAY TO STARDOMPLATFORM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY WAY TO STARDOMPLATFORM (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO ANY WAY TO STARDOMPLATFORM, CONTENT, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). CONTENT MAY NOT HAVE BEEN VERIFIED OR AUTHENTICATED, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. WAY TO STARDOMDOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF CONTENT CONTAINED ON OR THROUGH ANY DOCSTOC PLATFORM. DOCSTOC HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY WAY TO STARDOMOR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).
WAY TO STARDOMDOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE CONTENT, WAY TO STARDOMPLATFORM, SERVICE, OR MEANS OF COMMUNICATION. THE SERVICES AND CONTENT ON OR THROUGH ANY WAY TO STARDOMPLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT, SERVICES, AND ALL COMMUNICATION BY OR WITH THE WAY TO STARDOM, INCLUDING THROUGH A WAY TO STARDOMPLATFORM, IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL CONTENT, SERVICES, AND WAY TO STARDOMPLATFORMS (AND ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY CONTENT, SERVICE, OR WAY TO STARDOMPLATFORM (AND OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. WAY TO STARDOM AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT OR SERVICE EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, SERVICE, OTHER INFORMATION, OR ACCESS TO ANY WAY TO STARDOMPLATFORM TO YOU.
YOU UNDERSTAND AND AGREE THAT WAY TO STARDOM IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. YOU HAVE READ, UNDERSTAND, AND AGREE WITH AND TO THE DISCLAIMER LOCATED HERE[SPECIFY LINK]
WAY TO STARDOMDOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC CONTENT, OPINIONS, REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT.
THE WAY TO STARDOM, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY WAY TO STARDOM PLATFORM, SERVICES, OR CONTENT, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WAY TO STARDOMPLATFORM, THE SERVICES, CONTENT, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH DOCSTOC PLATFORM IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE WAY TO STARDOM, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF WAY TO STARDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WAY TO STARDOMDOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SECURITY MEASURES USED BY WAY TO STARDOM TO PROTECT ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT ARE USED IN CONJUNCTION WITH SUCH CONTENT "AS IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY WAY TO STARDOMCONCERNING ACTIONS WAY TO STARDOMMAY OR WILL TAKE, INCLUDING TO REMOVE OR DISABLE ACCESS TO ANY CONTENT AVAILABLE ON OR THROUGH ANY WAY TO STARDOMPLATFORM, OR TO ACT TO CAUSE SEARCH ENGINES TO STOP INDEXING OR CACHING ANY CONTENT OR TO REMOVE CACHED CONTENT, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR
14. LIMITATION OF LIABILITY AND DAMAGES
14.1. Limitation of Liability
WAY TO STARDOMSHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY WAY TO STARDOMPLATFORM, SERVICES, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY WAY TO STARDOMPLATFORM. WAY TO STARDOMSHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY WAY TO STARDOMPLATFORM, CONTENT, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY WAY TO STARDOMPLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY WAY TO STARDOMPLATFORM, CONTENT, OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WAY TO STARDOMMAY INTERRUPT ANY WAY TO STARDOMPLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL WAY TO STARDOM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WAY TO STARDOMKNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WAY TO STARDOM AND RECEIVED THROUGH OR ADVERTISED ON ANY WAY TO STARDOMPLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR WAY TO STARDOMTHAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
14.2 LIMITATION OF DAMAGES
IN NO EVENT WILL WAY TO STARDOM OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY WAY TO STARDOMPLATFORM, SERVICE, CONTENT, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY WAY TO STARDOMPLATFORM, OR OBTAINING ANY SERVICES, OR CONTENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY WAY TO STARDOMPLATFORM, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.
In case of any dispute in respect of this agreement between you and Way to Stardom only Delhi Courts shall have exclusive jurisdiction to adjudicate upon the matter.
THE WAY TO STARDOM's failure to enforce any term or provision of the Terms and Conditions is not a waiver of such term. The Terms and Conditions are the entire agreement between You and Way to stardom and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and Way to stardom about the subjects of the Terms and Conditions, including each Way to stardom Platform, Service, and Content.
Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination or expiration of these Terms.
If any provision of the Terms and Conditions and related Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Way to stardom without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
15.6 Entire Agreement
This is the entire agreement between You and Way to stardom relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by THE WAY TO STARDOM.
15.7 Dispute Resolution