Terms of Use

ACCEPTANCE OF TERMS

American Superstar, Inc. ("American Superstar") welcomes you. American Superstar provides its service to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You can review the most current version of our Terms of Use at any time at: http://www.americansuperstarmag.com/terms-of-use. Please take a few moments to review these Terms of Use. Your use of this Web site constitutes your agreement to follow these Terms of Use and be bound by them. If you do not agree with any of these Terms of Use, do not use the American Superstar Web site.

DESCRIPTION OF SERVICE

American Superstar provides users with informative articles and access to a rich collection of resources, including communications tools, forums, and shopping services which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for American Superstar to provide the Service. You also understand and agree that the Service may include certain communications from American Superstar, such as service announcements, administrative messages and the American Superstar Newsletter, and that these communications are considered part of the American Superstar membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Use.

ELIGIBILITY

American Superstar is concerned about the safety and privacy of all its users, particularly children. For this reason, if you are under 18, you may use this Service only with involvement of a parent or guardian.

REGISTRATION

As part of the registration process, you will select a subscriber ID and a password. You also have to give us certain registration information, all of which must be accurate and updated.

a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that American Superstar, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password, which you do not have to reveal to any representative or agent of American Superstar.
c. You shall notify American Superstar at customerservice@americansuperstarmag.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your American Superstar account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at American Superstar's sole discretion, and American Superstar may refer you to appropriate law enforcement agencies.

PRIVACY POLICY

Use of this Website and/or the Service is also governed by our Privacy Policy. For more information, see our full privacy policy at http://www.americansuperstarmag.com/privacy-policy.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights that are owned and controlled by American Superstar or the party credited as the provider of the material. The entire contents of this Site are also copyrighted as a collective work under United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to American Superstar or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

SUBMISSIONS AND PUBLIC FORUMS

This Site includes informative articles, chat areas, message boards, e-mail and other interactive functions ("Forums") that allows for feedback and submissions to American Superstar and real-time interaction between users. Only registered users who have expressly indicated their agreement to these Terms of Use may make submissions and use any of these Forums. Registration consists of identifying oneself, giving a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the user's acceptance of these Terms of Use. Terms of Use directly applicable to submissions and use of such Forums include the following:

1. You represent and warrant that all Materials submitted by you to American Superstar and the Site are true and accurate, and do not infringe upon any third-party rights, such as copyright, trademark, publicity or privacy rights.
2. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials ("Content"), whether publicly posted or privately transmitted, that you submit to American Superstar or any of the Forums are your sole responsibility. This means that you, and not American Superstar, are entirely responsible for all Content that you submit or upload, post, email or otherwise transmit via the Forums.
3. American Superstar does not endorse or control the Content delivered to this Site, and American Superstar has no obligation to monitor such Content. As such, American Superstar does not guarantee the accuracy, integrity or quality of any such Content. However, reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms of Use or that it deems to be objectionable or unacceptable for any reason whatsoever.
4. American Superstar further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of American Superstar, its users and the public.
5. You understand that by using the Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will American Superstar be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site, including its Forums.
6. It is a condition of your access and use of this Site that you do not:

7. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to American Superstar a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
8. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that American Superstar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

This Site may contain links to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply American Superstar's endorsement. American Superstar has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTION

This Site is controlled and operated by American Superstar from its United States office in San Diego, California. American Superstar makes no representation that materials in the Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, except as to any provisions that may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Diego County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

TERMINATION

These terms are effective until terminated by either party. You agree that American Superstar may, under certain circumstances and without prior notice, immediately terminate your American Superstar account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) you have engaged in fraudulent or illegal activities. Termination of your American Superstar account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in American Superstar's sole discretion and that American Superstar shall not be liable to you or any third-party for any termination of your account or access to the Service.

DISCLAIMER

Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using this Site.

THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERICAN SUPERSTAR AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. AMERICAN SUPERSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. AMERICAN SUPERSTAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

To the fullest extent permitted by applicable law, American Superstar and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if American Superstar or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless American Superstar and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by American Superstar and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations and warranties contained herein) and any other Terms of Use or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. American Superstar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, American Superstar may edit, refuse to post or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to American Superstar a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, you hereby agree that if you unsuccessfully prosecute a claim against American Superstar and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse American Superstar and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

SOFTWARE AND EXPORT LAW ASSURANCES

Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. AMERICAN SUPERSTAR MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

ENTIRE AGREEMENT

This Agreement is accepted upon your use of the Site and is further affirmed by your registration with the Service. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Diego County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

VIOLATIONS

Please report any violations of these Terms of Use to our customer service group at customerservice@americansuperstarmag.com.