SECTION 1. INTRODUCTION
SECTION 2. USE OF CONTENT
All information, materials, functions and other content ("Content") contained on Shooting Star Creativeworks, LLC Sites are our copyrighted property or the copyrighted property of our licensors or licensees, except where explicitly noted otherwise. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Shooting Star Creativeworks, LLC Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Shooting Star Creativeworks, LLC Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Shooting Star Creativeworks, LLC Site, except that where a Shooting Star Creativeworks, LLC Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Shooting Star Creativeworks, LLC Sites is prohibited. In the event that we offer downloads of software on a Shooting Star Creativeworks, LLC Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only, and such Software is subject to any applicable End User License Agreement. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Shooting Star Creativeworks, LLC specifically disclaims any responsibility for software files, graphics, and other Submissions (as defined in Section 3 below, entitled “SUBMISSIONS”) posted by users to any of the Shooting Star Creativeworks, LLC Sites.
SECTION 3. SUBMISSIONS
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Shooting Star Creativeworks, LLC site, through any form of electronic communication, or otherwise; and/or (b) that you Distribute, through any form of electronic communication, or otherwise for which you do not seek Consideration (such as in our Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) and/or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
SECTION 4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
SECTION 5. ACCOUNTS
SECTION 6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of any Shooting Star Creativeworks, LLC Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Shooting Star Creativeworks, LLC Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Shooting Star Creativeworks, LLC Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
SECTION 7. RULES OF CONDUCT
The following Rules of Conduct apply to all Shooting Star Creativeworks, LLC Sites. By using the Shooting Star Creativeworks, LLC Sites, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f)infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without his or her express permission) or publicity; or (iii) any confidentiality obligation; (g) is commercial or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Shooting Star Creativeworks, LLC Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Shooting Star Creativeworks, LLC Sites; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (j) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
SECTION 8. COOPERATION; REMOVAL OF SUBMISSIONS
SECTION 9. CONTENT ACCESSIBLE THROUGH LINKS FROM Shooting Star Creativeworks, LLC SITES AND SEARCH RESULTS
SECTION 10. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO Shooting Star Creativeworks, LLC SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY Shooting Star Creativeworks, LLC SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Shooting Star Creativeworks, LLC SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Shooting Star Creativeworks, LLC Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content of Shooting Star Creativeworks, LLC Sites are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Shooting Star Creativeworks, LLC Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
SECTION 11. INDEMNIFICATION
SECTION 12. LIMITATION OF LIABILITY
SECTION 13. JURISDICTIONAL AND VENUE ISSUES
SECTION 14. AMENDMENT
SECTION 15. GENERAL PROVISIONS
Supply of goods, services and software through Shooting Star Creativeworks, LLC Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through Shooting Star Creativeworks, LLC Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through Shooting Star Creativeworks, LLC Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
SECTION 16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: Shooting Star Creativeworks, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: John G. Killwey
Full Address of Designated Agent to Which Notification Should be Sent: PO Box 580 Center Valley, PA 18034
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Shooting Star Creativeworks, LLC Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a 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:
(i) Your physical or electronic signature;
(ii) 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;
(iii) 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
(iv) 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 Shooting Star Creativeworks, LLC 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.
SECTION 17. CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on the Shooting Star Creativeworks, LLC Sites are the property of Shooting Star Creativeworks, LLC, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Shooting Star Creativeworks, LLC’s prior written permission. The use of Shooting Star Creativeworks, LLC’s Marks on any other web site is prohibited.
SECTION 18. PRIVACY
Shooting Star Creativeworks, LLC DOES NOT COLLECT information about Users of its web sites.