Welcome to the website of BlogStar ("BlogStar"). BlogStar provides you access to http://BlogStar.com and other sites controlled by us ("Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below ("Terms of Use"). This Site is intended for an audience that is at a minimum fourteen (14) years of age; some content may be deemed inappropriate by some parents for teenage audiences. Parental guidance is recommended.

Your access to and use of the Site (whether browsing, viewing or interacting with the Site or otherwise) is subject to the following terms and conditions and all applicable laws. We may change these Terms of Use at any time without notice so check it each time you visit the Site. By accessing and browsing our Site, or posting a link to the Site on your or another site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the then posted Terms of Use and Privacy Policy and constitutes a legally binding contract between you and BlogStar. Certain areas of the Site, such as pages where you can upload and download files, may include additional terms and conditions that will supplement these Terms of Use and are incorporated herein by reference and by using these services on the Site, you agree to comply with these additional terms and conditions. You agree that BlogStar may provide to you required notices, agreements and other information concerning the Site to you electronically. BlogStar will post the notices on the homepage of the Site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Site.

Short Form Terms

It is important that you read all of these Terms of Use. However, here are some of the big picture issues:

• Use of the Site constitutes acceptance of these Terms of Use, our Privacy Policy and our other policies and rules.
• Check back each visit as policies and rules may change.
• You must be 14 years of age to use the Site and if not of majority (18 in most states) your parents must complete your registration and supervise your use.
• You must follow our Code of Conduct and your use of the Site is limited by these Terms of Use. Permission to use the Site is revocable at our discretion and we can suspend, terminate and delete your account, data and content in our sole discretion.
• Content you submit is owned by you and you are responsible for all third party rights and payments. You grant us and other users the right to use and exploit your submissions.
• Content you create on-site that includes materials other than what you submitted yourself can be used by you only with our permission.
• Your use of Site material off-Site is limited by the section called Fan Sites and Use of Site Content Off-site.
• If you believe any Materials on the Site infringe your rights, you may give us notice following the instructions at Copyrights and Trademarks.
• You do not own the data comprising your User Content and we may charge for access thereto and may delete such data without notice.
• You may not use the Site for commercial purpose except as specifically permitted (if at all).
• To the extent we charge for any aspect of the Site you agree to promptly and timely pay us. All pricing is subject to change.
• Your use of the Site is AS IS, without warranty and will result in no liability to us.

Registration and Password

Certain portions of our Site may require registration. Users under the age of majority in their state of residence must have a parent or legal guardian register their account for them and such adult agrees to be legally responsible hereunder for the activities of all users of the account and is to supervise same. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BlogStar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BlogStar has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to create a user name, password and account designation upon completing the registration process. User names should not include your full name and we recommend that you select a fanciful name. User names cannot incorporate third party trademarks or pop culture icons or personas, be suggestive of anything inconsistent with the spirit of the Code of Conduct or violate any third party rights. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use or access another person's account without permission, impersonate another user, or seek another user's password or personally identifiable information. You agree to (a) immediately notify BlogStar of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BlogStar will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement, any unauthorized access to your password or your failure to adequately protect your password.

BlogStar's Intellectual Property Rights and Limited End User License Agreement

All text, graphics, multimedia content or other material that you see or read on the Site and all related technology and code (the "Materials") are owned or being used with permission by BlogStar, and may not be used except as provided in these Terms of Use. You may download one copy of the Materials on any single computer, and may print a single copy of the consumer facing web pages in the form they appear (i.e., not the code) on screen, for your personal, noncommercial use, provided you keep intact any copyright, trademark and other proprietary and/or attribution notices on the Materials and do not modify the Materials in any way unless specifically otherwise authorized in the content usage terms and conditions on this Site, in which case such usage terms and conditions will control. You may not modify, reuse, re-post, or use the Materials for public or commercial purposes, without BlogStar's written permission, unless specifically otherwise provided by the fan site section of the Terms of Use or specifically authorized by any content usage terms and conditions on this Site, in which case such terms and conditions will control. Without limiting the foregoing, you agree not to use the Materials for any other use or purpose. Any attempt by you to sublicense, transfer or assign the Material will be void.

Notwithstanding anything herein to the contrary, you have no ownership rights in any of the Site's software or code even to the extent incorporated as authorized hereunder into your User Content (defined below), and your license to such is governed by this section and limited to use of the Site as authorized hereunder. You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Material by any means whatsoever, excepting only your use as specifically authorized hereunder with respect to certain aspects of Material as used as part of your User Content directly in connection with its use on the Site; provided, however, that such restriction will be limited as required to comply with any applicable law. The Material may include third party technology and content and any use thereof by you outside of the Site, or except as authorized hereunder, may violate third party rights and you agree to defend, indemnify and hold BlogStar harmless with respect thereto. You further agree that you will not, and will not attempt to, copy, reverse engineer, or distribute the Materials, in whole or in part, to any other party (including by "mirroring") or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at BlogStar's discretion, granted hereunder unless specifically permitted by BlogStar. You may not intercept, emulate or redirect the proprietary protocols used by BlogStar in connection with the Site, regardless of method, including without limitation adding unauthorized components or using a packet sniffer.

You will not acquire any ownership rights in any Material (but retain your rights to User Content) and the limited license hereunder is revocable at our discretion. This section of the Terms of Use is for benefit of BlogStar, its subsidiaries, affiliates, clients, licensees, third party content providers and licensors and each shall have the right to assert and enforce its provisions directly on its own behalf. To the extent any derivative works of the Materials are created by you, such will be a "work-for-hire" for BlogStar, who shall be deemed the author and owner thereof and further you hereby irrevocably assign all of your right, title and interest thereto to BlogStar and waive any and all so called "moral rights," subject only to any underlying rights you have to User Content (i.e., you retain ownership of your submissions) you have posted to the Site and our license thereto.

User Content and License, Conduct, and Participation

While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any User Content (defined below) you do transmit to us electronically or otherwise will be treated as non-confidential and we may use such any way we want with no obligation to you.

You are solely responsible for all communications and all materials you transmit or submit to BlogStar, whether created by or for you, including, but not limited to, graphics, information, ideas, music, sound, images, files, photos, animation, artwork, text, literary materials, code, data, information, messages, audiovideo, video, hypertext links, scripts or other material ("User Content"). As more fully set forth elsewhere in these Terms of Use, you may not submit User Content that contains any pornographic, infringing, hate-related, violent or illegal content.

BlogStar does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site and you retain ownership thereof; provided, however, that by uploading, posting, emailing or otherwise making available any User Content on the Site or otherwise to us, you hereby irrevocably grant BlogStar a worldwide, perpetual, royalty-free, fully-paid, non-exclusive, restriction free license (with the right to grant unlimited sublicenses through multiple tiers of sublicensees) to distribute, sell, rent, lease, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language(s), and by any means or manners now or hereafter developed. You also agree that BlogStar may disclose any of same, or any part thereof, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce BlogStar's rights, to analyze or respond to third party claims or generally protect BlogStar and its users. Furthermore, BlogStar is free to use any ideas, concepts, know-how or techniques contained in any User Content you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this submission policy and license must be in writing and signed by an authorized BlogStar signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion.

Without limiting the generality of the foregoing, in connection with the User Content you sumbit, you permit BlogStar, to:

• host, index and cache your User Content;
• tag your User Content with information that will be used by BlogStar to identity it as your User Content and Site content;
• modify any meta data you submit with your User Content, including, without limitation, meta tags, age rating, descriptive language, search terms, category and keyword modifiers.
• Permit others on the Site to use your User Content pursuant to these Terms and Conditions, including but not limited to the creation of shows based thereon by Blogstars and otherwise;
• distribute, or have distributed, your User Content on the Site and via any other distribution channels at BlogStar's election; and
• engage in such further actions regarding your User Content as may be necessary or appropriate in order to fully exploit the license granted by you under.

BlogStar disclaims all liability relating to your User Content. BlogStar has no obligations to post or otherwise make use of any User Content. BlogStar has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content, including without limitation by bringing and controlling actions in your name and on your behalf (at BlogStar's cost and expense, to which you hereby consent and irrevocably appoint BlogStar as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).

You agree that even though you may retain certain copyright or other intellectual property rights with respect to your User Content, you do not own your user name, account or any data BlogStar stores or maintains (including, without limitation, any data representing or embodying any or all of your User Content). Your intellectual property rights do not confer any right to access the Site or any right to any data stored or maintained by BlogStar.

You agree and accept that BlogStar does not guarantee that your User Content will be distributed on any part of the Site.

The Site, including the shows that are created by you and other users are a collective work contributed to by many people, for which BlogStar has been granted licenses by all of the users that participated in or contributed to its creation. Your license to other users' submitted materials with respect to the shows you create, however, is limited to your use of the shows as expressly permitted pursuant to these Terms of Use. Accordingly, even if you were the blogstar or a contributor on a particular show, you will only have the necessary right to use the show (insofar as it includes any materials other than your own submitted materials) subject to BlogStar's permission. The license you are granted hereunder permits you to use all shows on the Site in connection with your on-Site activity pursuant to the terms and conditions hereof. Off-Site use of the shows is subject to the limited, revocable permission under Fan Sites and Use of Site Content Off-Site.

Once submitted, you have no right to terminate, modify or rescind BlogStar's rights with respect to the User Content, which rights are perpetual and irrevocable. In the event you become aware that your User Content includes any material for which you lack the permission to use, you agree to promptly provide us notice thereof including the following information:

• Identification of your User Content and information reasonably sufficient to permit us to locate the material (e.g., URL to the page location);
• Identification of all aspects of your User Content for which you lack sufficient authority to grant us the rights granted above with sufficient detail to enable us to identify and remove, delete or disable such aspects;
• A statement under penalty of perjury that your notice is complete and accurate and that the remainder of such User Content is free from any infringement of third party rights.
• Your physical or electronic signature.

Such notice shall be sent to us by e-mail or written letter (U.S. mail or courier) at:

You may not post, upload or transmit to the Site, or to the BlogStar servers, any communications, submissions, User Content or other information or materials that: (1) are unlawful, obscene, fraudulent, indecent or that defame, abuse, harass, or threaten others, or are hateful, or racially, ethnically or otherwise objectionable; (2) contain any software viruses, Trojan horses, worms, malware, spyware, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocate or encourage any illegal activity; (4) infringe on the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contractual, personal or other right of any third party; (5) violate the privacy or publicity rights of individuals, including other users of the Site; or (6) violate any applicable local, state, national or international law. You agree that, with respect to your User Content, (a) you have paid and will pay all license and clearance fees and have met, and will meet, all third party obligations in connection with any use or commercial exploitation of your User Content on or in connection with the Site or the exercise of the license granted by you hereunder, and (b) you are the sole individual pictured or heard in your User Content, excluding other User Content made available on the Site, or, alternatively, you have obtained permission from each such person (and if under 18 years of age from each such person's parents or legal guardians) and you will make such permissions available to BlogStar on demand.

You agree not to use deep linking, page-scrapes, off-line readers, bots, spiders or intelligent agent software (or any other methods) for any purpose other than accessing publicly posted portions of the Site and then only for the purposes consistent with the limited license hereunder and these Terms of Use or that send more messages to the Site than a human can reasonably produce in the same period using a conventional on-line web browser; provided, however, BlogStar grants users of public search engines permission to use automated systems for the sole purpose of creating publicly available searchable indices of the Site. You agree not to employ any automated use or technology, such as using scripts, in connection with the Site. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Site; not to data mine the Site and not to in any way cause harm to or burden the Site. BlogStar may enable you to cut and paste code (e.g., XHTML) and content from the Site for the purposes of your creation of shows or otherwise interacting with the Site. In connection therewith, you agree that you will not use such content or code except on, and directly in connection with your activities on, the Site. You agree that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail or chat, without BlogStar's express prior approval (such as when we allow you to drop approved ads into shows) and, if then, solely in accordance with the terms and conditions imposed by BlogStar with respect thereto. YOU AGREE THAT, WITHOUT LIMITING BlogStar'S OTHER RIGHTS AND REMEDIES, YOU WILL PAY BlogStar $50 FOR EACH INSTANCE OF UNAUTHORIZED COMMERCIAL ACTIVITY AND COMMERCIAL EMAIL OR OTHER LEGAL VIOLATION ARISING OUT OF YOUR COMMUNICATIONS ACTIVITIES IN CONNECTION WITH THE SITE (WHETHER OR NOT COMMERCIAL ACTIVITIES HAVE BEEN AUTHORIZED). You further agree not to use the Site, or any element or portion thereof (including, without limitation, e-mail addresses or user names of users), for any commercial purpose whatsoever without BlogStar's express prior approval.

All use of the Site is subject to the Code of Conduct and all other rules and codes of conduct that BlogStar may from time to time implement, which must be adhered to by users. It is your responsibility to know, understand and abide by the Code of Conduct. The Code of Conduct are not meant to be exhaustive, and BlogStar reserves the right to determine which conduct it considers outside of the spirit of the Site and to take such disciplinary measures as it sees fit, including, without limitation, suspension, termination and deletion of your account and/or User Content.

Your conduct on the Site must be consistent with the letter and the spirit of these Terms of Use and the Code of Conduct, respectful to the Site community and in all respects consistent with BlogStar's image and philosophy in its sole discretion. From time to time BlogStar may post additional user conduct rules or guidelines on the Site, which are incorporated herein as terms and conditions.

Fan Sites and Use of Site Content Off-Site

Solely in connection with your personal website pages dedicated to BlogStar or your activities on the Site ("fansite"), we grant you, on a non-exclusive basis, revocable (at BlogStar's sole discretion) permission to reproduce and redistribute on the fansite to end users, certain BlogStar images, graphics or artwork and certain BlogStar trademarks and logos that BlogStar may expressly designate "for fansite use" ("Licensed Site Content"), so long as you comply with the terms and conditions described here and on the Site, as those terms and conditions may be modified from time to time in BlogStar's sole discretion. The shows created on the Site from User Content, whether or not you participated in the creation, are also Licensed Site Content and can be made available by you on fansites and distributed by viral email; provided, however, BlogStar is not responsible for such use including any third party liability arising therefrom. Without limitation, the following terms and conditions apply to such permitted use of Licensed Site Content off-Site:

1. You must include a prominent link to the Site's homepage in connection with any of your use of Licensed Site Content permitted hereunder, including but not limited to in emails in which you are sending friends copies of shows.
2. As the user of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to BlogStar that the fansite will not post material that is illegal or infringes on the rights of third parties, harms the reputation of BlogStar, its parent or affiliate companies, or its officers or employees, or is inconsistent with the spirit of the Code of Conduct. If at any time you post any such material, this permission automatically terminates. Your ownership in the fansite excludes any Licensed Site Content (excluding elements you submitted) and/or BlogStar trademarks and excludes any derivative works to the extent based upon or including Materials and/or BlogStar's trademarks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code. Additionally, any use or distribution by you of any Licensed Site Content, including without limitation, by email must comply with all applicable laws.
3. You agree to include, and not remove or alter, BlogStar's trademark, copyright or other proprietary rights notices, as provided on the fansite and email page(s) when displaying any Licensed Site Content and/or BlogStar trademarks, and you agree to comply with usage guidelines that may be provided by BlogStar from time to time. You agree that all goodwill that arises in connection with your use of BlogStar trademarks in uses exclusively to BlogStar and agree not to challenge BlogStar's ownership or control of any BlogStar trademarks, nor use or adopt any trademarks that might be confusingly similar to such BlogStar trademarks.
4. BlogStar reserves all rights, title and interest in and to all Materials and BlogStar trademarks which are not expressly granted. You shall not sale, rent, lease, reproduce, modify, translate or create derivative works of Materials except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the Materials, without the express written permission of BlogStar. You may not host the Site or any Site activity or use any of the Site’s tools, applications or software, including without limitation the Site's communications and/or show creation tools. The Materials (excepting only the elements you submitted) you are given a limited permission to use remain owned or controlled by BlogStar and you may not make any commercial use thereof nor may the fansite or email page(s) on which they exist, sell, rent or lease, or advertise or promote, any products, services or commercial activity. The creation and sale of merchandise based on any aspect of the Site or upon Materials (excepting only the elements you submitted) or BlogStar trademarks is expressly prohibited.
5. If you intend to charge a subscription or access fee to generate revenue from the fansite, you are required to notify us before you do so. The limited permission granted here with respect to fansite use of certain Materials and BlogStar trademarks does not cover such circumstances.
6. Under no circumstances will BlogStar be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. BlogStar reserves the right, in its sole discretion, to expressly refuse this permission to any particular fansite or user, or to revoke this permission at any time (in BlogStar’s sole discretion).

Copyright and Trademarks

The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, BlogStar owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to BlogStar. Third-party content providers own the copyright in content that is original to them. "BlogStar", the "BlogStar logo", as well as other marks that may appear on the Site, are the service and trademarks of BlogStar. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without BlogStar's written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to BlogStar or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of BlogStar.

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), BlogStar has a designated agent for receiving notices of copyright infringement and BlogStar follows the notice and take down procedures of the DMCA. You may file such notices pursuant to our Digital Millennium Copyright Act Notice and Policy set forth at Infringements. Other infringements and violations may be brought to our attention by emailing infringements@BlogStar.com. In appropriate circumstances, user accounts, and/or User Content, may be suspended, terminated and deleted for violations of law and/or these Terms of Use, including without limitation copyright infringement. More information on copyrights is included in the FAQ section of our Digital Millennium Copyright Act Notice and Policy set forth at Infringements.

No Implied Endorsements

The appearance of any celebrities, persons, content or trademarks on the Site is not intended to suggest an endorsement or sponsorship of our Site unless an endorsement or sponsorship is expressly made by BlogStar.

Third-Party Content, Advertising, Links, Linking and Other Sites

You agree that the BlogStar is not liable for content that is provided by others. BlogStar has no duty to pre-screen content, but we have the right to refuse to post or to edit, disable, remove or delete submitted content. We reserve the right to edit, disable, remove or delete content for any reason, but BlogStar is not responsible for any failure or delay in doing so.

This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because BlogStar has no control over such sites and resources, you acknowledge and agree that BlogStar has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by BlogStar of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. BlogStar does not author, edit or monitor these pages or links. You further acknowledge and agree that BlogStar is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).

BlogStar hereby grants you a non-exclusive, limited licensee, revocable at BlogStar's discretion, for you to link to BlogStar's home page from any site you own or control that is not commercially competitive to BlogStar and does not criticize or otherwise injure BlogStar, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our Code of Conduct. Such a link is not an endorsement of such other site(s) by BlogStar. All of BlogStar's rights and remedies are expressly reserved.

Participation at Your Own Risk

Your participation is at your own risk. Although the Site enables users to connect and share User Content and/or messages with one another and with end users or viewers, BlogStar has no responsibility to control or monitor any information or exchanges between or among users. BlogStar does not control the User Content and/or messages made available through the Site. Some people may find User Content, and/or messages objectionable, inappropriate or offensive. BlogStar does not control or guarantee, nor is BlogStar responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any User Content and/or messages. BlogStar assumes no responsibility for monitoring any User Content, and/or messages and/or conduct. If BlogStar chooses, at any time, in its sole discretion, to monitor (in whole or in part) User Content and/or messages and/or conduct on the Site, BlogStar nonetheless assumes no responsibility for such User Content, messages or conduct nor assumes an obligation to modify or remove any User Content and/or messages. You agree that BlogStar has no responsibility or liability for the deletion or failure to store, maintain or transmit any User Content and/or messages.

You acknowledge that you are aware that BlogStar has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that BlogStar assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, BlogStar is not responsible for enforcing your intellectual property rights or for suing or taking other legal action against infringers or against third parties who fail to cease using your User Content upon revocation. You or a third party licensor, as appropriate, are responsible for protecting your intellectual property rights. However, we do follow the notice and takedown procedures of the Digital Millennium Copyright Act and if you believe your copyright protected works are being infringed on the Site, you should file an appropriate notification pursuant to our Digital Millennium Copyright Act Notice and Policy set forth at Infringements BlogStar may, at its discretion, choose to assist you in connection with protecting or enforcing your intellectual property rights in a particular instance; in such event, this does not mean that BlogStar has an obligation to do so in any other instance and this does not mean that BlogStar has an obligation to effectively protect or enforce your intellectual property rights.

Mobile Services

The Site may include certain services that may be available via your mobile phone, including, without limitation, (a) the ability to upload to the Site via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts) and (c) the ability to access the Site from your mobile phone (Mobile Web) (collectively the "Mobile Services"). We do not currently charge for Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Site and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.

Adult Content

You will not use the Site for any purpose or in any manner to display, post or make available any sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Site any User Content or messages that is of, or is suggestive of, a sexual, pornographic or erotic nature ("Adult Content"). Examples of content that BlogStar, in its sole discretion, considers to be Adult Content include, but are not limited to, material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If BlogStar finds User Content that it determines, in its sole discretion, contains Adult Content, BlogStar may, without notice, remove or block access to such User Content. Blogstar is not, however, responsible for keeping Adult Content off of the Site and you may encounter content you find offensive, which risk you assume. BlogStar reserves the right to suspend or cancel at any time and without notice your account that BlogStar, in its sole discretion, determines to be in violation of this Section. BlogStar will take all steps it deems appropriate with User Content that BlogStar believes violates applicable laws, including cooperation with any law enforcement investigation. If you see content that you believe is Adult Content or is in violation of law or this Section, you should contact BlogStar immediately at violations@BlogStar.com.

Representations and Warranties

You represent and warrant to BlogStar that: (i) you have all requisite power and authority, to enter into these Terms of Use, conduct yourself and to execute, deliver, and perform all of your obligations under these Terms of Use; (ii) you have provided, and will continue to provide, information that is correct and current; (iii) you are the owner or authorized licensee—or the authorized agent of the owner or authorized licensee—of your User Content and have full legal, technical and editorial control of the same with respect to your use on the Site; (iv) you have the right to grant the licenses granted under these Terms of Use and the consent of no third party is required; (v) your performance under these Terms of Use and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (vi) your performance under these Terms of Use will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; and (vii) you will participate solely for the purposes intended and expressly permitted. You further represent and warrant that your User Content and any other information or material you submit or make available to others during your participation, and BlogStar's use thereof pursuant to these Terms of Use, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including, without limitation, any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right or result in BlogStar having any third party payment or other obligations as a result of its exercise of the rights granted by you hereunder; (ii) do not contain Adult Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party's use of the Site; (v) do not promote illegal or harmful activities or substances (including, without limitation, activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); and (vi) are not illegal, unlawful or contrary to the laws or regulations in any jurisdiction where, as applicable, your User Content or participation are created, displayed or accessed. You agree, represent and warrant that you will pay all royalties, fees, and any other consideration owing any party by reason of your User Content being on or available through the Site or resulting from BlogStar's exercise of its rights granted by you hereunder.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BlogStar DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.

IN ADDITION, BlogStar DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL BlogStar BE LIABLE IN ANY WAY FOR ANY MATERIAL, 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 MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

Termination, Discontinuance, Interruptions, Pricing, No Refunds

BlogStar may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if BlogStar believes that you: (1) violated or acted inconsistently with the letter or spirit of these Terms of Use or the Code of Conduct or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that BlogStar is unable to verify or authenticate; or (4) uploaded or transmitted unauthorized User Content to the Site. You agree that any termination of your access to the Site may be effected without prior notice to you.

BlogStar MAINTAINS THE RIGHT TO DISCONTINUE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, IN EITHER CASE IN WHOLE OR IN PART, AT ANY TIME, IN ITS DISCRETION, WITH NO OBLIGATION TO YOU, IN WHICH CASE YOUR ACCOUNT MAY BE TERMINATED, ANY POSTINGS OR OTHER CONTENT MAY BE DESTROYED, AND ANY SUBSCRIPTION, STORAGE OR OTHER FEES OR CONSIDERATION YOU MAY HAVE PAID WILL BE FORFEITED AND NOT SUBJECT TO REFUND.

BlogStar reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that BlogStar will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in BlogStar’s written billing policies, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. BlogStar has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

Certain aspects of the Service may be provided for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Site, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. BlogStar may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BlogStar, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CLIENTS, CONTRACTORS, ADVERTISERS, DISCLOSED PARTIES (AS DEFINED IN THE PRIVACY POLICY) VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR LOSS OF OR DAMAGE TO, YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.

Indemnity

You irrevocably agree to indemnify and hold BlogStar and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, your User Materials, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.

Equipment

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.

Privacy and Monitoring

Your activity on the Site is subject to our Privacy Policy; provided, however, we are not responsible for third party use of information you publicly post or make available on the Site.

BlogStar may monitor and record your communications and activities on the Site and you consent thereto and agree that such will be deemed User Content to which all of BlogStar's rights hereunder apply.

BlogStar MAY MONITOR YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION, RANDOM ACCESS MEMORY, HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS, ETC., FOR THE PURPOSES OF IMPROVING THE SITE AND/OR SERVICE AND TO POLICE AND ENFORCE THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

A Special Note about Children, Children's Privacy and Our Compliance with the Children’s Online Privacy Protection Act

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any PII from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of 14 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at Privacy@BlogStar.com. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.

Contests, Sweepstakes, Auctions, Promotions and Prizes

From time to time, BlogStar or its suppliers and advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate. You are responsible for all taxes on prizes received by you and regarding anything of value received by you in connection with the use of the Site. We may require you to provide your social security number and to sign a prize acceptance agreement to qualify for a prize, premium or otherwise. We may, but are not required to, withhold estimated taxes and to report the estimated value of consideration received to applicable taxing authorities.

Distribution Limitations and Territorial Restrictions

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BlogStar to any registration requirement within such jurisdiction or country. This Site is controlled and operated by BlogStar from its offices within the State of California, U.S.A. and BlogStar makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by BlogStar.

Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

Governing Law and Disputes

The Terms of Use shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in the state of California (i.e., without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to BlogStar are of a unique and irreplaceable nature, the loss of which shall irreparably harm BlogStar and which cannot be replaced by monetary damages alone so that BlogStar shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). Except with respect to the interpretation, protection or enforcement of BlogStar's claimed intellectual property rights or right to seek injunctive relief (which will only be subject to arbitration if the parties mutually agree), you agree that any suit, action or proceeding arising out of or relating to these Terms of Use or any of the transactions contemplated herein or any contests or services thereon (including, without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association ("AAA"). The arbitration shall be held in Los Angeles, California. The arbitrator shall apply the substantive laws of the State of California, shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties expressly incorporate into these Terms of Use the terms of California Code of Civil Procedure Sections 1283 and 1283.05 pertaining to pre-hearing discovery. The parties will split the arbitrator's fee. You agree that the provisions in this paragraph will survive any termination of your account(s). You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to BlogStar or their site will be resolved individually, without resort to any form of class action.

Severability

If any provision of these Terms of Use or the Privacy Policy are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Any delay or failure on the part of BlogStar to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site or these Terms of Use must be filed in an applicable tribunal within one (1) year after such claim or cause of action arose or be forever barred.

Assignment

You may not delegate, assign or transfer your rights or obligations, Terms of Use, in whole or in part, by operation of law or otherwise, without the prior written consent of BlogStar. Any attempted assignment in violation of this Section will be null and void and no force and effect. BlogStar may assign this Agreement, in whole or in part, freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of each party's permitted successors and assigns.

Entire Agreement; Modification and Termination

BlogStar reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site, including but not limited to your User Content, communications and account, and any functionality or features in or on the Site, in each case in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that BlogStar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Furthermore, BlogStar reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.

BlogStar reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by BlogStar. Any change or modification made by BlogStar will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by BlogStar. You should therefore periodically visit this page to review the most recent Terms of Use.

Effective Date

This Terms of Use were last changed and posted on our Site on May 21^st, 2008.