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Rising Star Studios Terms of Use Welcome to RisingStarStudios.com, AutoBGood.com, EweKnow.com, and Affiliated Web Sites. Rising Star Studios, its parent, subsidiary and affiliated companies (“Rising Star”) maintains this site (the “Site”) for your information and entertainment. We want you to explore all we have to offer.
1. Terms of Service. This Site was created by Rising Star to provide you materials and information about Rising Star and its services. Your use of this site is governed by the following terms and conditions (“Terms”) as well as all applicable laws. By accessing or using the Site, you unconditionally agree to be legally bound by these Terms, which may be revised and reissued without notice by Rising Star. If you do not agree to these terms and conditions, do not use this site or any of it's content. Check the Site periodically to review the current Terms of Use.
2. Web Site Content All content on Rising Star Web sites, including artwork, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, and slogans are property of Rising Star. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re--post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Rising Star's written permission.
3. Agreement to Abide by Applicable Law. In connection with the use of Rising Star Web sites, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The content available on Rising Star may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
4. Information You Submit Rising Star may accept certain information from you via the Site. Information you submit to Rising Star that we may collect in the course of your use of the Site are also governed by the current Rising Star Privacy Policy posted to the Site.
5. Representations, Warranties and Acknowledgment THE MATERIALS IN THIS RISING STAR WEB SITE AND OTHER AFFILIATED SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR TITLE. RISING STAR MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RISING STAR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE RISINGSTARSTUDIOS.COM AND ITS OTHER AFFILIATED SITES NOR SHALL RISING STAR BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OR FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND RISING STAR'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RISINGSTARSTUDIOS.COM RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL RISING STAR'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree to indemnify and hold harmless Rising Star and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or
from your placement or transmission of any content onto Rising Star's servers, and/or from any and all use of your account.
6. Third Party Sites Off-site links provided are not entirely reviewed by Rising Star and assumes no responsibility for any content or links made available at any third party site. Such third party sites may be subject to their own terms of use and privacy policies. Rising Star encourages you to read off site Terms of Use and to use them at your own risk.
7. Violations of these Terms or the Law Rising Star reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Site. Rising Star reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site, with or without notice. Your access to any and all Rising Star Web sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any provision of these Terms. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof. Rising Star shall not be liable to you or any third-party for any termination of your access to the Site.
8. Miscellaneous The Sites are controlled and operated by Rising Star Studios, from its offices within the State of Minnesota, United States of America. Rising Star Studios. makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms will be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in the State of Minnesota with respect to claims you may have under these Terms. These Terms constitutes the entire agreement between you and Rising Star with respect to its subject matter, superseding any prior oral or written agreements relating to such subject matter.
The failure of Rising Star to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the court should endeavor to give effect to the parties' intentions to the maximum extent consistent with applicable law, and the other provisions of these Terms shall remain in full force and effect. Any notices to Rising Star shall be in writing and sent to the address set forth below, attn:
Rising Star Studios
7900 Xerxes Avenue South, Suite 520
Bloomington, MN 55431
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. |
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