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InStarValley.com Terms Of Use

 

Please read this Agreement carefully before accessing InStarValley.com ("INSV").

 

As a condition to, and in consideration of, receiving and accessing INSV, the User, as defined below, agrees to be bound by the terms of this Agreement. Use of or access to INSV shall constitute your acceptance of, and agreement to be bound by, this Agreement.

 

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS INSV.

 

If you have any questions about this Agreement, please direct them to:  InStarValley.com / P.O. Box 1039 / Thayne, WY  83127.

 

INSV IS NOT INTENDED FOR USE BY CHILDREN (DEFINED AS ANYONE UNDER THE AGE OF 13). CHILDREN SHOULD NOT USE INSV OR SUBMIT ANY INFORMATION TO INSV OR ANY OTHER ENTITY IN CONNECTION WITH INSV.

 

This Agreement (the "Agreement") is entered into by and between INSV ("InStarValley.com"), and any individual, corporation, association, agency, company or other entity who accesses or uses INSV (the "User" or "you").  INSV, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow Users to post content, view content posted by other Users and/or interact with other Users.  INSV contains, or may contain, information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photographs, music, sounds and other material and data (collectively, the "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users. INSV includes directories and databases, as well as areas that can be modified by Users ("Interactive Areas").

 

 

1. User Rights and Responsibilities.

 

1.1 Access to InStarValley.com.

You are responsible for providing all hardware, software, telephone and other communications equipment and/or services needed to connect to the Internet and access INSV, and are responsible for all Internet access charges, telephone charges and other fees or charges incurred in connecting to the Internet and/or accessing INSV.

 

1.2 User Conduct.

You agree to access and use INSV only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, any and all laws, statutes, rules and regulations pertaining to (a) your use of INSV, including any Interactive Areas; (b) the use of any networks or other services connected to INSV; and (c) the communications means by which you connect your modem, computer or other equipment to INSV. By accessing INSV, you agree that you will not:

 

(1) Restrict or inhibit any other User from using and enjoying INSV, including the Interactive Areas;

 

(2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

 

(3) Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right;

 

(4) Post or transmit any information, software or other material which contains a computer virus or other harmful component;

 

(5) Alter, damage or delete any of the Content or other communications that are not your own or otherwise interfere with the ability of others to access INSV, including the Interactive Areas;

 

(6) Disrupt the normal flow of communication in and to INSV, including the Interactive Areas;

 

(7) Claim a relationship with or speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or

 

(8) Violate any operating rule, policy or guideline of your Internet access provider or online service.

 

 

2. Intellectual Property Rights.

 

2.1 Content.

(a) You acknowledge that the Content is generally provided by InStarValley.com, individual contributors, third party licensees and/or other Users. You acknowledge that the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively, "Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed, and except as explicitly provided below, your use of the Content shall be governed by all applicable copyright and other intellectual property laws. You acknowledge that InStarValley.com owns a copyright in the "look and feel" - i.e., the selection, coordination, arrangement and presentation - of the Content as it appears on INSV.

 

(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part; provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content; and (ii) make and distribute a reasonable number of copies of the Content, in whole or in part, in hard copy or electronic form for personal, non-commercial use only. Any permitted copies of the Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Rights notices, and must contain an original source attribution to INSV and its URL address. Your use of INSV will not provide you with any right, title or interest in INSV or the Content.

 

2.2 Content Provided by User.

You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute on or through INSV only material that is not subject to any Intellectual Property Rights or material in which all holders of Intellectual Property Rights have given express authorization for distribution over the Internet and on INSV without restriction whatsoever. Any material submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]. Used by permission." By submitting any material to any Interactive Area, you automatically represent and warrant that the owner of such material, whether it be you or a third party, has expressly granted to InStarValley.com a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform and display such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such material. You also permit InStarValley.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such material. You also permit any User to access, view, store and reproduce the material for personal, non-commercial use.

 

 

3. Interactive Areas.

 

The Interactive Areas allow feedback to InStarValley.com and real-time interaction between Users. You understand that InStarValley.com does not control the messages, information or files delivered to the Interactive Areas. You further understand that InStarValley.com is not obligated to screen communications to any Interactive Area and cannot determine in advance the accuracy or conformance to this Agreement of any material transmitted to any Interactive Area. You agree that InStarValley.com may, at its sole discretion, monitor any Interactive Area from time to time and disclose any information necessary to (a) satisfy any law, regulation or other governmental request; (b) operate the Interactive Area; or (c) protect itself or other Users. Further, InStarValley.com may investigate any allegation of improper conduct with respect to any Interactive Area and remove or edit, or demand to be removed or have edited, any material which InStarValley.com in its sole discretion deems objectionable.

 

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL InStarValley.com HAVE ANY OBLIGATION TO SCREEN, POLICE, EDIT, REVIEW OR MONITOR ANY MATERIAL IN ANY INTERACTIVE AREA. FURTHER, InStarValley.com, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR BASED UPON, ANY MATERIAL CONTAINED WITHIN ANY INTERACTIVE AREA.

 

 

4. Termination.

 

The only right with respect to dissatisfaction with any policies, guidelines or practices of InStarValley.com in operating INSV is for you to discontinue accessing INSV. InStarValley.com may terminate or temporarily suspend your access to all or any part of INSV without notice at any time. InStarValley.com may discontinue operating INSV and terminate this Agreement without notice at any time and for any reason in its sole discretion. In the event of termination, you are no longer authorized to access INSV, including the Interactive Areas, and the restrictions imposed on you with respect to any of the Content downloaded from INSV, as well as the disclaimers and limitations of liabilities set forth in this Agreement, shall survive such termination.

 

 

5. Links; Disclaimers of Warranties; Limitations of Liability.

 

5.1 Links.

InStarValley.com neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any materials, goods or services available on any site linked to or from INSV. THE RELEASED PARTIES SHALL NOT BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF OR RELIANCE ON MATERIALS, GOODS OR SERVICES AVAILABLE ON ANY SITE LINKED TO OR FROM INSV, OR YOUR INABILITY TO ACCESS THE INTERNET OR ANY SITE LINKED TO OR FROM INSV.

 

5.2 Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF INSV IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT INSV, OR ANY INTERNET SITE LINKED TO OR FROM INSV, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT INSV, INCLUDING THE INTERACTIVE AREAS AND THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INSV, OR ANY INTERNET SITE LINKED TO OR FROM INSV, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE OR TRANSACTION PROVIDED THROUGH INSV OR ANY SITE LINKED TO OR FROM INSV. INSV IS PROVIDED ON AN "AS IS" "WHERE IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

5.3 Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, INSV OR ANY INTERNET SITE LINKED TO OR FROM INSV, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS OR THEFT.

 

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INSV OR ANY INTERNET SITE LINKED TO OR FROM INSV. THE MATERIAL WHICH COMPRISES INSV, AND THE MATERIAL WHICH COMPRISES INTERNET SITES LINKED TO OR FROM INSV, MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT OR OTHERWISE ILLEGAL CONDUCT OF ANY USER.

 

 

6. Indemnity.

 

In exchange for your use of INSV, you agree to indemnify and hold harmless the Released Parties from any and all liabilities, claims and expenses, including costs and attorneys' fees, arising from (a) a breach of this Agreement; (b) your use or access of INSV; (c) your use or access of any Internet site linked to or from INSV; or (d) in connection with the transmission of any of the Content on INSV.

 

 

7. Miscellaneous.

 

This Agreement comprises the entire agreement between InStarValley.com and you and supersedes any prior agreements with respect to the subject matter herein. InStarValley.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two days upon posting notice of such revision on INSV. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable, you must discontinue accessing INSV. Your continued accessing and use of INSV following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 3, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of InStarValley.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Wyoming, excluding its conflict of laws rules, and you submit to the exclusive jurisdiction of the courts of that state. This Agreement is personal to you and you may not assign your rights or obligations hereunder to anyone. All logos, brand names, products, trademarks and service marks appearing on INSV are the trademarks or service marks of their respective owners. References to any trademark, service mark or link to or from INSV have been done strictly for clarification and identification and do not constitute an endorsement by InStarValley.com of the products, services or information offered by the owner of such trademark, service mark or link or an endorsement of INSV by such trademark, service mark or link owner.