Terms of Use

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Terms of Use ("Terms") govern your access to and use of the services of SuperXtar and any of its "Content". Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the services you agree to be bound by these Terms.

(1) To participate in the contest you must submit your video, with your real name and valid email address
(2) You are at least 13 years of age.

SuperXtar will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and integrated into SuperXtar.

SuperXtar reserves the right to delete videos, who appropriate the name, likeness, email address, of another individual and/or submit a video with false information.

By agreeing to these terms, you agree that your Content intended for display on SuperXtar will not include any content that is illegal, indecent, profane, defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Content. In additional to the restrictions described, you cannot use SuperXtar to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Website; promote bigotry or discrimination against protected classes; transmit or post pornography or illegal content; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any content on SuperXtar; or violate any applicable laws.

You are fully responsible for any content you post on the SuperXtar, including, but not limited to, photos, videos, personal profile(s), comments, events, testimonials, e-mail messages - and the consequences of any such content. You understand and agree that SuperXtar may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content and we cannot take responsibility for such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. You understand that by using the services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases deceptive. Under no circumstances will SuperXtar be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise by the services.


COPYRIGHT POLICY

You may not submit any Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. SuperXtar will remove all Content if properly notified that such Content infringes on another's intellectual property rights

It is SuperXtar's policy to terminate a User's account and privileges of any SuperXtar User who repeatedly infringes the copyright rights of others upon receipt of proper notification to SuperXtar by the copyright owner or the copyright owner's legal agent. If you believe that any of SuperXtar's Content or other content infringes on your copyright, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on SuperXtar; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, SupeXtar can be reached by sending an email to info@SuperXtar.com.

SuperXtar reserves the right to cancel the registration of anyone and may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SUPERXTAR SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SUPERXTAR SITE ARE PROVIDED ON AN "AS IS" BASIS. SUPERXTAR, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SUPERXTAR, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE SUPERXTAR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; NOR DOES SUPERXTAR, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties, so the limitations above may not apply to you.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE SUPERXTAR. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT SUPERXTAR SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.


INDEMNITY

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SUPERXTAR HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST SUPERXTAR ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

These Terms are the entire and exclusive agreement between SuperXtar and you regarding the services, and these Terms supersede and replace any prior agreements.

SuperXtar may revise these Terms from time to time, in our sole discretion. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding conflicts of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of SuperXtar shall be in the state or federal courts located in the County of Pinellas, State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


Privacy Policy

Protecting your privacy is very important to us. We will not sell, lease or exchange your personal data to third parties. This Privacy Policy describes how we collect and use your data. If you have any questions or comments regarding our Privacy Policy or its enforcement, please feel free to contact us.

SuperXtar takes its obligations regarding privacy very seriously and it wants to ensure users are fully informed about the Information they are providing to it.


COLLECTION OF INFORMATION

SuperXtar may collect Information through forms filled out by a user on the site, Information provided by a user in connection with contest or  promotion or any other user’s contact way.

SuperXtar may also collect non-personally identifiable information from users via “cookies”

To the extent third parties may place advertising or other content on the Site, such third parties may utilize cookies or other technological means within the advertising to collect and utilize non-personally identifiable information.  SuperXtar is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Site is linked.


Our web site and page may contain links to other web sites. Please be aware that we are not responsible for the privacy practices of other sites our users choose to visit. If our users provide any information directly to parties other than us, different rules may apply to the use or disclosure of the personal information disclosed. We encourage you to investigate and ask questions before disclosing your personal information to third parties.


Please be aware that whenever users voluntarily disclose personal information online. That information becomes public and can be collected and used by others. By posting personal information online, members may receive unsolicited messages from other parties.

SuperXtar does not knowingly collect or retain information in connection with the Site from children under the age of 13.


USE OF INFORMATION

SuperXtar may use Information collected in connection with the Site to notify and qualify the eligibility of potential promotions and contest winners or to improve the user’s experience and our site content.

In order to do so, SuperXtar may provide the Information to trusted third parties, including but not limited to selected third party vendors as well as third party contractors providing services to SuperXtar such as the operation and communication services. SuperXtar will use reasonable efforts to limit use of the Information by such third parties to the specific uses set forth above.  SuperXtar cannot guarantee the security or integrity of the Information and shall have no liability for breaches of security or integrity or third-party “hacking”.

SuperXtar may also disclose Information when it determines it is necessary to comply with applicable laws or regulations.


INFORMATION VIEW BY THE PUBLIC

If you are an artist or just an user, some information you provide will be publicly displayed on SuperXtar. This limited display of information is shown when you engage in certain activities, such as when you upload videos or respond to comments on the Website. Any videos that you submit to SuperXtar may be redistributed through the internet and other media channels, and is available on the Website to be viewed by other SuperXtar Users or the general public.


UNSUBSCRIBE

At any time, a user may opt out from receiving future offers from SuperXtar by sending an e-mail message to unsubscribe.  Such opting out will not apply to any communications from third parties to whom SuperXtar may have provided Information regarding the user.


NOTICE AND REVISIONS

We reserve the right to change our Privacy Policy. If we make changes, we will post them and will indicate the policy's new effective date. Your continued use of SuperXtar will indicate your agreement to these changes. It is solely your responsibility to check for updates of this policy.


For questions contact us at: info@superxtar.com.