Website Terms of Use

Last Modified: December 1, 2018



These terms of use ("Terms of Use") of SocStar ("SocStar" or "Website") are not only fun to read but also are quite informative if you give them a chance.  In this document, you will find information on what our website is all about, what services we offer, who can use it and lots of other stuff that our lawyers are making us tell you.  If you get stuck or find that you still have questions, no worries, just send us an e-mail at: hello@socstar.com. We are here to help you and make your experience on SocStar as pleasant and enjoyable as possible.

Please allow us to introduce ourselves.  SocStar is a platform that allows content producers to upload, market and sell their original, owned videos and images ("Content") as well as other goods to their adoring followers.  SocStar does not take responsibility for any Producer uploaded content on our Website, including, without limitation intended, the pricing, quantity, quality, terms, conditions or legality of any Content or other goods sold or offered for sale by Producers. 

SocStar is owned and operated by Elite Promotional Services, LLC, a US company with an address of: 300 Center Drive, G-197, Superior, CO 80027 ("Company").  

Whether you are a "Visitor", "Follower" or "Producer" (collectively "User"), these Terms apply to you and by using the Website or by clicking to accept or agree to the "Terms of Use" when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

SocStar is offered and available to Users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

It won't happen often but sometimes we may revise and update these Terms of Use in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. While we may let you know about changes by posting an announcement on the Website, it is your responsibility to check this page from time to time so you are aware of any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. 

While we believe that we have created a state of the art platform that will be available for the use and enjoyment of our Users on a reliable basis, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

Welcome Visitors!  Thanks For Finding Us!

A Visitor is a person who meets the general eligibility requirements stated above and has not registered as either a Follower or a Producer.  Visitors are welcome to view the public profiles, posts and Content of the Producers, as well as public comments of Followers.  Upon registering for an account, a Visitor will magically transform into a Follower or a Producer, as the case may be.  Visitors may, but are not required to, sign up for our e-mail, SMS (text) and/or social media notifications.  How we may communicate with you is covered in greater detail in our Privacy Policy.

Creating an Account With SocStar

In order to be a Producer or Follower on SocStar, the first step is to create an account.  During this simple process, you will be asked to provide certain registration details and, if you wish to be a Producer, other information too. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

In the event that you wish to permanently disable your account, please contact us and we will delete your account and content within thirty (30) days but do keep in mind that once cancelled, your account cannot be restored.  Our policies comply with the EU General Data Protection Regulation.

You Are A Producer? Our Platform Supports You Every Step Of The Way!

SocStar was designed specifically for you, the content producer who loves to create unique, interesting, fun and informative video, photographic and textual content for people who share your interests.  We have developed a safe and very easy to use environment for you to upload and display your hard work for money.  Our Website allows you to determine the look and feel of your members' area, decide what you wish to post and when (within the guidelines of our Community Standards Policy), what you want to charge your Followers for access to your premium Content and the sale of other goods, as well as how you communicate with Users.  We also offer a "by invitation only" affiliate program that rewards you for referring other Producers!  (Check out our Affiliate Program Guidelines). 

Becoming a SocStar Producer.

In order to become a SocStar Producer, during your initial registration on the Website, click the "I'm a Producer!" button, which will open up an application form.  Please thoroughly complete the form and click the "Submit" button.  Once you have submitted your application, SocStar will review it (typically within 24 hours) and will either approve or reject it.  Sometimes, we may ask for additional information, including sample Content, in order to make a determination on your application.  We will communicate our decision or ask for more information via the e-mail or mobile number that you have provided to us during registration.  

Once your Producer status is granted, you will be asked to provide banking information so we may pay you for your sales.  If you are located in the United States, we will require you to complete a Form W-9 as a condition of receiving any payment.  Once we get the paperwork out of the way, the real fun begins.  You will be granted access to your personal dashboard where you may set up your profile page and start posting!  As part of this process, you will need to determine your monthly subscription and, if applicable, your individual content pricing.  Please remember to consult with our Community Standards Policy before uploading Content.

Monthly subscriptions are typically charged at the time in which your Followers confirm that they wish to subscribe and then monthly thereafter unless cancelled or terminated.  Individual Content purchasers are typically charged immediately after the Follower confirms that they wish to make the purchase. SocStar handles payment processing for you through one or more of our reputable and secure 3rd party processing vendors. In connection with all payment transactions for your Content, you agree that we serve as your agent for the purpose of collecting, holding, and settling payments to you. We endeavor to pay all Producers as quickly as we can but sometimes there may be delays caused by circumstances beyond our control. This means that our receipt of a Follower's payment is the same as if you received it directly from the Follower.  Please note that SocStar and not your Followers will be solely liable for our failure to remit earned funds to you. We reserve the right to hold or block payments for violations of our Terms of Use or if we believe a payment is due to fraudulent behavior.

Content Ownership & License Rights.  

You worked hard to create your Content so don't worry that you won't continue to own it by uploading to SocStar.  Our company was founded by veteran content producers who, like you, are very protective of their content so let us make this very clear, you will continue to own everything you post. In order for us to operate our Website, promote and display your Content and make it available to your Followers, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide right and license to use, reproduce, distribute, perform, publicly display and prepare derivative works of your Content solely on SocStar.com.  You also grant your Followers the right to view and download your Content during each applicable subscription period.  It probably goes without saying (again) but because we take Content ownership very seriously, no SocStar User may post content that infringes on anyone's intellectual property or proprietary rights.  Followers must not use or distribute a Producer's Content in any manner not expressly authorized by the Producer.

What Do We Charge?

SocStar charges a flat 18% commission on all Follower payments to Producers.  This commission includes 100% of the processing fees imposed upon each transaction but excludes any foreign transaction fees and taxes, if applicable.  From our commission, we also typically payout an affiliate fee to Producers who have helped us recruit other Producers to the Website.  Taxes imposed upon each sale are the responsibility of the recipient Producer, including for example, the payment of VAT.  In order for us to pay any funds to a Producer they must first complete certain banking and tax related forms. 

We are not a party to any agreement between Producers and their Followers but we do reserve the right to issue refunds to Followers upon their request, although it is not our practice to do so. If we do grant a refund, we will deduct such amount from our payments to the Producer.

Banning Producer Accounts

SocStar reserves the right in out sole discretion to ban any account that is associated with a Producer who is engaged in (or has in the past been engaged in) or encourages others to engage in criminal activity involving violent crimes, nonviolent crimes involving fraud or theft, child abuse or illegal exploitation.  Additionally, any user who is affiliated with a known violent or dangerous group (e.g. terrorist organizations or hate groups) may be banned and shall not receive any payouts, regardless of whether their activity on the Website was in furtherance of such activities.  We may also ban Producer accounts that misappropriate another person's identity, that violate our Community Standards or that otherwise violate these Terms of Use.  We do not take this responsibility lightly and will in most cases reach out to the Producer to engage in a discussion on our findings before making a decision to ban the account. If a Producer's account is banned, they will not receive any payments that remain due at such time unless we are legally required to pay it. 

It's Cool to Be a Follower on SocStar!

SocStar knows you like to view premium Content and we make it easy for you to search, discover and view many genres and types of Content!  Your favorite Producers are here (or will be soon).  You just need to become a registered User to get started interacting with them.  

Whether you are purchasing a monthly recurring subscription to a Producer's premium Content, or are purchasing Content or other goods on a non-recurring basis, SocStar makes the process easy and secure.  You just need to determine your payment method, enter your billing information and click to approve the charge through one of our secure third party payment processors.  

Subscriptions to each Producer's premium Content are typically charged on a monthly recurring basis, starting the date in which you first approve the charge and recurring every thirty (30) days thereafter.  Once a payment is made, no refunds are given except in our sole discretion. For example, we do not offer refunds if you are unable to access premium Content or if goods purchased from a Producer are delayed, damaged, defective or not delivered.  You may cancel any monthly subscription by following the steps set forth in your dashboard or by contacting us here.  Each Producer determines the pricing for their recurring subscriptions as well as pricing for their a la carte Content and other goods.  However, depending on your location, your bank may charge you a foreign transaction fee.  This fee, which is not determined by SocStar or any Producer, will be charged in addition to the charge you have agreed to pay for Producer content, goods or services. Please contact your bank for additional information on this charge, if applicable.  Additionally, you are responsible for the payment of any taxes charged on your transactions.

Once a subscription payment is made for a Producer's premium Content, you will have access to view the same for thirty (30) days, unless your payment method or charge is unavailable, disputed or declined, you are blocked by a Producer or they disable their account or if you violate these Terms of Use. 

Follower Comments and Messages

Followers are able to post publicly viewable comments on Content and, in most cases, may directly message Producers via our Website interactive features ("Contributions"). All Contributions on the Website must comply with the Community Guidelines and will be considered non-confidential and non-proprietary. By making a Contribution, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: 

  • You have the right to grant the license granted above to us and our licensees, successors and assigns.
  • All of your Contributions do and will comply with these Terms of Use. 
  • You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of the Website. 

Banning Follower Accounts

Followers who engage in acts that are in violation of these Terms of Use may either have their accounts banned by SocStar, which means that they will no longer be able to access any Producer's member area, or by a Producer, which means that they will no longer be able to access that Producer's Content. For example, a Follower who engages in harassment of a Producer may be banned by that Producer upon their request to SocStar. No refunds will be granted to a Follower who has been banned by SocStar or a Producer under this policy. 

SocStar's Role

SocStar offers a content platform that enables Producers to post, promote and monetize their Content to their Followers. We generally don't screen Content although we reserve the right to do so and may, in our discretion, remove any Content and/or ban accounts when a User violates any of these Terms of Use.  Users may also report Content that is in violation of our Terms of Use and we will review and decide whether any action is warranted. We do not endorse any particular Content, good or services being offered by any of our Users or by any third party advertisers whose ads appear on SocStar.

Community Standards Guidelines.  What Content Is Not Allowed on SocStar?

All Content uploads must in their entirety comply with all applicable federal, state, local and international laws and regulations. SocStar reserves the right to review and remove Content and ban accounts that may violate our Community Standards Guidelines.  These Guidelines are not meant to be exhaustive but should give you a good sense of what's cool with us and what's never allowed.  Let's get into it:

 

Hate Speech. SocStar prohibits Content, including posts and comments, that in any way promotes or attacks a person's or community of person's ethnicity, race, national origin, sex, gender, sexual orientation, religion, age, disability or serious medical conditions.

Bullying and Harassment. SocStar is a safe place for all Users and we will not tolerate any User conduct that appears to us, in our sole discretion, to be harassing, inflammatory, violent, mean or bullying to others.  With that said, Users are entitled to express their opinions, but please remember the "rule" that you should not post anything that you would not want your (boss, spouse, mother, teacher, etc) to read.

Copyright.  Simply put, if its not yours or you don't have a legal right to use it, don't post it!  All Content posted on SocStar must be owned by the person making the post or have a license from the Content owner to do so. If you become aware of someone posting Content that is owned by you or someone other than the poster, please let us know, here.

NSFW Content. The NSFW content category can be divided into adult themed content, violent content, illegal content and gross content. For all of these types of content, the general rule is that SocStar gives wide latitude to Producers and their Followers to decide what they want to show/see. Notwithstanding, we have a few rules that we ask everyone to follow, and in all instances, we reserve the right but do not have an obligation, to police the content on SocStar and remove any content that we deem to be in violation of these guidelines: 

  • Adult Themed Content & Services. While the human body is a beautiful thing and nudity is allowed on SocStar, we simply ask that Producers who are uploading this type of content let us know during their initial registration. We will keep your content in private mode so that Visitors to our Website won't see it but your paid Followers can once payment is made. Your profile page, which is public facing, must not include any nudity. Sexually explicit content, such as engaging in actual intercourse, is not permitted on SocStar. The Website may never be used for the purpose of arranging for the sale of sexual services (e.g. escort services) or for any content that exploits children in any way. SocStar will report instances of child exploitation whenever we come across it or it is reported by other users (see, How to Report Content in Violation of our Community Guidelines).

 

  • Violent Content.  SocStar does not permit content that depicts actual physical violence or harm, whether to yourself or others or the presence of blood. This prohibition includes animals. Simulated fighting, such as martial arts, is fine… because it's cool!
  • Illegal Content. Users may not post or view Content on SocStar that depicts illegal activities or that instructs others on how to engage in illegal activities.  Examples are bomb making, fraudulent schemes and drug manufacturing.
  • Gross Content.  One person's view of gross content may differ greatly from another person's view.  Accordingly, SocStar does not typically get involved in making the call on whether certain content is "too gross" for publication. With that said, if we receive complaints from Users about a piece of content being gross, we may, in our sole discretion remove it from view.

Intellectual Property Infringement. All content that Producers post on SocStar must be their own original work or, if they did not create it, they must have the legal right to display and/or sell it to other Users on SocStar. Producers must not impersonate others by creating an account using another person's identity.  SocStar does not engage in the review of Content to determine "fair use", but if we receive a valid DMCA takedown notice, we will comply with our removal policy found here.

Other "Bad" Behavior. Worms, viruses, spam, malware, doxing, phishing, spoofing, hacking and spyware are never allowed on SocStar so just don't do it! SocStar is all about honesty so we prohibit user names, profiles and Content that is likely to deceive any Users as well as any attempts to impersonate any person, or misrepresent one's identity or affiliation with any person or organization. Additionally, Content that involves contests, sweepstakes and other sales promotions, barter or advertising are prohibited.

A Word on "Dangerous Content".  This type of content is allowed as long as it does not otherwise violate one of the other Community Guidelines but we ask that Producers include disclaimers on such Content to discourage others from engaging in the dangerous activities depicted.

How to Report Content in Violation of our Community Guidelines. All Users may, and are encouraged, to report Content that is in violation of our Community Guidelines.  With the exception of the reporting of intellectual property infringement, which may be reported here, please report any violations by clicking on the reporting buttons and drop downs that are located adjacent to each piece of Content on the Website.  You may also report violations of our Community Guidelines by e-mailing support.  When doing so, please describe and include a screenshot of the violation you observed so we may take it from there. The Company may not respond to every reported Community Guidelines violation and determination of the appropriate remedy is at the Company's sole discretion. Together we will make SocStar fun and safe for all Users.  

Monitoring and Enforcement; Termination

SocStar has the right to:

  • Remove or refuse to post any Content or other Contributions for any or no reason in our sole discretion.
  • Take any action with respect to Content and Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Content of Contribution violates these Terms of Use, including the Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all Content and Communications before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications Content or Communications provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Our Intellectual Property Rights

While Producers shall at all times possess the exclusive right to own, share and sell their Content they post on SocStar, the Website, including its logos, text, features and functionality (including but not limited to its codebase), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you, as a User, to use the Website for the purposes described in these Terms of Use only which means that any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks. The Company name, the term and logo, "SocStar" and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Guidelines set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material regarding your SocStar account without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other User's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the Content or other material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement

If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the User accounts of repeat infringers. 

Reliance on Information Posted

The Content and other materials and information (collectively, "Information") presented on or through the Website are made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness or usefulness of any Information. Any reliance you place on such Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes Information provided by third parties, including Information provided by Producers, other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any Information, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the Information. The Information does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Information provided by any third parties.

Linking to the Website and Social Media Features

As a Producer, you may link to the SocStar homepage or to your designated URL on SocStar (e.g. www.socstar.com/your-username-here), provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. 

This Website may provide certain social media features that enable you to cause the public facing portions of your Content on this Website to be displayed or appear to be displayed on websites and social media platforms. Subject to the foregoing, you must not:

  • Establish a link from any website or social media account that is not owned by you.
  • Link to any part of the Website other than the SocStar homepage or to your designated URL on SocStar.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in Denver, Colorado or the courts of the State of Colorado located in the City and County of Boulder, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@socstar.com.

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