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MASSIVE ALLSTARS WEBSITE TERMS
Welcome to the MassiveAllstars.com website (the "Site.") The Site is
owned and operated by MassiveAllstars.com. a Georgia corporation
("Massive Allstars" or "we"). Your access and use of the Site and
its content is subject to these Terms and the
MassiveAllstars.comPrivacy Policy. By visiting or accessing the
Site, you accept the provisions of these Terms of Use and the
Privacy Policy.
Changes We may modify these Terms from time to time. Such changes
are effective immediately upon posting to the Site, or such other
period as required by applicable law. Please check the Terms
regularly for such changes, but in any event your continued access
or use of the Site constitutes your acceptance of the provisions of
the then-current Terms of Use.
Privacy We respect the privacy of visitors to the Site. Please
review our Privacy Policy for more information. The Privacy Policy
is incorporated by reference as a part of these Terms. The Site is
not directed at children under age 13. Massive Allstars values the
privacy and safety of children who may visit the Site, and will not
knowingly collect personally identifiable information from any child
under the age of 13.
Copyright All text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, indexes, tools,
software and any other material or information accessed on or in
connection with the Site (the "Massive Allstars Content"); the
selection, arrangement, and presentation of all Massive Allstars
Content (including information in the public domain); and the
overall design of the Site are the property of or licensed to
Massive Allstars and protected by U.S. and international copyright
laws. Massive Allstars grants you a personal, non-transferable,
non-exclusive limited license to access the Site and to download and
print a single copy of the Massive Allstars Content solely for (a)
your personal, non-commercial use, and provided that you do not
delete or modify any copyright or other proprietary notices; or (b)
as otherwise expressly permitted under any Agreement currently in
effect between you and Massive Allstars. Any other copying, use,
distribution or modification of the Massive Allstars Content or any
other property of Massive Allstars or its licensors, whether in
electronic or hard copy form, is strictly prohibited without the
express prior written permission of Massive Allstars.
You may not frame any Massive Allstars Content, or use any
trademark, logo or other proprietary information on the Site,
without Massive Allstar's express written consent. You may not use
Massive Allstar's name or trademarks in any meta-tags or other
hidden text without the express written consent of Massive Allstars.
You may link to the Site for non-commercial purposes only, or as
authorized by Massive Allstars in writing, provided that you agree
to remove any such link at any time, upon demand by Massive Allstars
in its sole discretion.
Visitor Content Some parts of the Site may allow you to post, or to
e-mail to Massive Allstars, materials or information (including
recommendations or suggestions for new or improved products or
services) ("Visitor Content"); or to access or use Visitor Content
posted or e-mailed by other visitors to the Site. Should you post or
e-mail any Visitor Content, you grant Massive Allstars a worldwide,
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable license to (a) use, distribute, display, reproduce,
modify, perform, preserve and create derivative works of all such
Visitor Content in any media now known or hereafter developed; and
(b) use the name under which you submit such Visitor Content in
connection therewith, at Massive Allstar's sole discretion. Massive
Allstars cannot guarantee the confidentiality or security of any
information or materials you provide or submit by e-mail or any
other electronic communication. If you wish to provide personal or
confidential information to Massive Allstars please e-mail
massiveallstars.com for information on the best manner of providing
such information.
You agree not to submit or post any material or information which is
illegal, obscene, threatening, defamatory, invasive of privacy, or
infringing of intellectual property or other proprietary rights of
any person or entity, or which contains software viruses, corrupted
data, cancel bots, commercial solicitations, or mass mailings or any
form of "spam." You further agree not to use a false e-mail address
or to impersonate any person or otherwise mislead as to the origin
of any material or information you submit or post.
You acknowledge that communication via the Internet may use
potentially unsecure computers and links and that data may be lost,
or intercepted by unauthorized parties during such transmission. You
agree that Massive Allstars shall have no liability whatsoever in
connection with such lost or intercepted data.
Massive Allstars has the right, but not the obligation, to review,
remove or edit Visitor Content at Massive Allstar's sole discretion.
Massive Allstars has no responsibility and assumes no liability for
Visitor Content posted by you or any other party.
Copyright Infringement If you believe any Massive Allstars Content
or any other content on the Site infringes any person's copyright
interest, please provide the following information, in writing and
signed by you, to the Massive Allstars Copyright Agent at the e-mail
address listed below:
A description of the allegedly infringing content, and of the
copyrighted work which you believe is infringed, including an
assertion that you either own such copyright interest, or are the
authorized agent of the owner.
Your address, telephone number and e-mail address.
Your statement that all information you have provided is accurate
and that you have a good-faith belief that the use of the disputed
content is not authorized by the copyright owner, its agent or by
law.
massiveallstars@gmail.com
Trademarks Massive Allstars and any other names of Massive Allstars
or its websites, publications, products, content or services
referenced on the Site are the exclusive trade names, trademarks
and/or service marks of Massive Allstars, including without
limitation the "look and feel" of the Site and the color
combinations, layout and other graphical elements of the Site. You
may not use Massive Allstars' trademarks in any manner without the
express, written permission of Massive Allstars. Other trademarks
and service marks that appear on the Site are the property of third
parties.
Use of the Site You agree not to use the Site in any manner so as to
(a) adversely affect the Site's resources or the availability of the
Site to others; (b) violate any local, state, national or
international law, including without limitation laws regarding the
export of data from the United States or the country in which you
reside; or (c) delete or revise any content on the Site. You further
agree not to use the Site to harass any other person or to collect
or store personal information about other visitors. In addition, you
are solely responsible for maintaining the confidentiality of any
password or other security measure you use in connection with the
Site, and agree to notify Massive Allstars immediately of any
unauthorized use of your password or other security measure.
Linking Massive Allstars has no control over other websites or other
resources accessed through links on the Site. Any such links are
provided for your convenience only, and do not constitute an
endorsement of the linked site(s) or content by Massive Allstars.
Massive Allstars makes no guarantees and disclaims any implied
representations or warranties about the accuracy, relevance,
timeliness, completeness, or appropriateness of other websites, the
information contained in them, services they provide, or data or
files downloaded or accessed through such sites, or that such third
party sites, their content and data or files downloaded or accessed
through such sites do not infringe or violate any intellectual
property, privacy or other proprietary right of any kind. Massive
Allstars has no responsibility for any content, advertising,
products or other material accessed through such links, and shall
not be liable, directly or indirectly, for any damage or loss
incurred by you or any third party in connection with websites or
resources accessed through links on the Site.
DISCLAIMER OF WARRANTY MASSIVE ALLSTARS DOES NOT WARRANT THAT ANY
MASSIVE ALLSTARS CONTENT, VISITOR CONTENT OR ANY OTHER CONTENT
POSTED ON OR AVAILABLE THROUGH THE SITE IS ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE. MASSIVE ALLSTARS DOES NOT WARRANT
THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR
USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
NOR DOES MASSIVE ALLSTARS MAKE ANY WARRANTY WHATSOEVER REGARDING THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DATA, FILES OR ANY
OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. ALL CONTENT IS PROVIDED
"AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.)
MASSIVE ALLSTARS DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR
DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE SITE IS FREE OF
SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY
RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
LIMITATION OF LIABILITY MASSIVE ALLSTARS AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENT AND SUBSIDIARIES
SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING
BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF,
OR INABILITY TO USE OR ACCESS THE SITE; ANY INFORMATION, DATA OR
OTHER CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE; ANY
DELAY IN USE OR ACCESS TO THE SITE OR INFORMATION, DATA OR OTHER
CONTENT PROVIDED ON THE SITE; AND/OR ANY CLAIM ARISING FROM OR
RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA
OR OTHER CONTENT PROVIDED ON THE SITE OR STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE
LAW, EVEN IF MASSIVE ALLSTARS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MASSIVE
ALLSTAR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY
FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY,
NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE ANY BREACH OF THE TERMS
OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE
TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
IN NO EVENT SHALL MASSIVE ALLSTARS' CUMULATIVE LIABILITY WITH
RESPECT TO THE SITE, THE CONTENT OF THE SITE OR ANY PRODUCT OR
SERVICE PROVIDED ON OR THROUGH THE SITE EXCEED THE GREATER OF
US$50.00 OR THE AMOUNT ACTUALLY RECEIVED BY MASSIVE ALLSTARS FROM
YOU UNDER AN AGREEMENT IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR
OCCURRENCE GIVING RISE TO SUCH LIABILITY.
Indemnity You agree that you are personally responsible for your use
of the Site, and further agree to indemnify, defend and hold
harmless Massive Allstars, its officers, directors, employees,
agents, parents, subsidiaries, affiliates, and third party
information providers from and against any loss, damage, or expense
of any kind (including attorneys' fees and costs) resulting from
your violation of these Terms or your use of or access to the Site,
your posting or e-mailing of Visitor Content, or your violation of
the rights of any third party. Miscellaneous The Site is controlled
and operated by Massive Allstars from its headquarters in
Fayetteville, Georgia, United States of America. If you access the
Site from a location outside the United State of America, you do so
on your own initiative and are responsible for compliance with all
applicable laws of your jurisdiction. These Terms, including the
Privacy Policy, and any dispute that may arise between you and
Massive Allstars, shall be governed by and construed in accordance
with the laws of the State of Georgia, U.S.A., without regard to
conflict of laws principles. The Terms, as may be amended from time
to time, set forth the entire understanding between you and Massive
Allstars as to the subject matter, unless otherwise specifically
provided under an Agreement.
You agree that any dispute under or with respect to these Terms or
the Site, or any content, product or service offered on or through
the Site shall be submitted and exclusively resolved by final and
binding arbitration conducted under the auspices of the American
Arbitration Association ("AAA"), under its Commercial Arbitration
Rules, in Fayetteville, Georgia, before a single arbitrator selected
under the rules of the AAA. Any arbitration proceedings, testimony,
discovery and documents filed in the course of such proceedings,
including the fact that the arbitration is being conducted, will be
treated as confidential and will not be disclosed to any third party
to such proceedings, except the arbitrator and his/her staff, the
parties' attorneys and their staff, and any experts retained by the
parties. The arbitrator shall have authority to award any remedy or
relief that a court of the State of Georgia could grant in
conformity to applicable law, except that the arbitrator shall have
no authority to award any damages excluded herein. The arbitrator's
award shall be final and judgment may be entered upon such award by
any court.
If any provision of the Terms is found to be invalid or
unenforceable, the remainder of the Terms shall remain in full force
and effect, and all Terms shall be enforced to the fullest extent
permitted by law. No waiver or failure to assert any provision of
the Terms shall be valid unless in writing and signed by an officer
of Massive Allstars. Massive Allstars may assign its rights and
duties under the Terms to any party, at any time, and without notice
to you. You may not assign your rights or obligations under these
Terms without Massive Allstars' prior, written consent.
These Terms constitute a written agreement between you and Massive
Allstars. A printed version of these Terms, and of any electronic
notice pertaining to these Terms, shall be admissible in any
judicial or administrative proceeding to the same extent, and
subject to the same restrictions, as any other contract, document or
record in originally printed form.
All rights not expressly granted herein are reserved to Massive
Allstars.
Questions about these Terms or the Site? Please contact:
massiveallstars@gmail.com
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