1. ACCEPTANCE OF TERMS
a. This Agreement, which incorporates by reference other provisions applicable to use of techstarservice.com, including, but not limited to, supplemental terms and conditions set forth hereof (Supplemental Terms) governing the use of certain specific material contained in techstarservice.com, sets forth the terms and agrees to comply with all of the terms and conditions hereof.
b. TechStar IT Services, Inc. shall have the right at any time to change or discontinue any aspect or feature of techstarservice.com, including but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
TechStar IT Services, Inc. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of techstarservice.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on startechservice.com, or by electronic or conventional main, or by any other means by which User obtains notice thereof. Any use of techstarservice.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its web property, TechStar IT Services provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of techstarservice.com and all charges related thereto.
5. USER CONDUCT
a. User shall use techstarservice.com for lawful purposes only. User shall not post or transmit through techstarservice.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TechStar’s express prior approval, contains advertising or any solicitation with respect to products or services, Any conduct by a User that in TechStar’s discretion restricts or inhibits any other User from using or enjoying techstarservice.com will not by permitted. User shall not use techstarservice.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with TechStar IT Services, Inc.
b. techstarservice.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of techstarservice.com are copyrighted as a collective work under the United States copyright law. TechStar owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will e permitted without the express permission of TechStar IT Services and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyright material.
c. User shall not upload, post or otherwise make available on techstarservice.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of techstarservice.com, User automatically grants, or warrants that the owner of such material has expressly granted TechStar IT Services the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute 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 hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for the User’s personal use. User hereby grants TechStar IT Services the right to edit, copy, publish and distribute any material made available on techstarservice.com by User.
d. The foregoing provisions of Section 5 are for the benefit of TechStar IT Services, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on it own behalf.
6. USER OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
TechStar IT Services has no obligation to monitor the Communication Services. However, TechStar IT Services reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TechStar IT Services reserves the right to terminate User’s access to any or all of the Communication Services at any times, without notice, for any reason whatsoever. TechStar IT Services reserves the right at all times to disclose information or materials, in whole or in part at TechStar’s sole discretion.
7. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (Software) is the copyrighted work of TechStar IT Services, Inc. and/or its suppliers. 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 Software is made available for download solely for the use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such software. The software is warranted, if at all, only according to the terms of the License agreement. Except as warranted in the License Agreement, TechStar IT Services, Inc. hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for particular purpose, title and non-infringement.
For your convenience, TechStar IT Services may make available as part of the services or in its software products, tools and utilities for use and/or download. TechStar IT Services does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
TechStar IT Services and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided “AS IS” without warranty of any kind. TechStar IT Services and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall TechStar IT Services and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Services.
The documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. TechStar IT Services and/or its respective suppliers may make improvements and /or changes in the products(s) and/or the programs(s) described herein at any time.
9. NOTICE REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall TechStar IT Services and/or its respective suppliers be liable for any special, indirect or consequential damages or any damaes whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide serves, or information available from the Services.
10. MATERIALS PROVIDED TO TECHSTAR IT SERVICES, INC. OR POSTED AT ANY OF ITS WEBSITES.
TechStar IT Services does not claim ownership of the materials User provide to TechStar IT Services (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting TechStar IT Services, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all TechStar IT Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
11. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY
a. User expressly agrees that use of techstarservice.com is at user’s sole risk. neither TechStar IT Services, Inc., its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that techstarservice.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of techstarservice.com or as to the accuracy, reliability or content of any information, service, or merchandise provided through techstarservice.com/
b. techstarservice.com is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to , warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the law applicable to this agreement.
c. this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration or, or use of record, whether from breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that TechStar IT Services is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with User.
d. In no event will TechStar IT Services or any person or entity involved in creating, producing or distributing Software be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use techstarservice.com. User hereby acknowledges that the provisions of this section shall apply to all content on the website.
e. In addition to the terms set forth above, neither TechStar IT Services nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or un-authenticity of, the information contained within the website, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
f. Force Majeure – Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, War, Riot, Embargoes, Acts of Civil or Military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications services and telecommunications. The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
12. LINKS TO THIRD PARTY WEBSITES
This links in this area will let you leave techstarservice.com website. The linked sites are not under the control of TechStar IT Services, Inc. and is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TechStar IT Services is not responsible for web casting or any other form of transmission received from any linked site. TechStar IT Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TechStar IT Services of the site.
TechStar IT Services is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, TechStar IT Services, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of techstarservice.com, are those of the respective author(s) or distributor(s) and not of TechStar IT Services, Inc. . Neither A&J Technology Services, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through techstarservice.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with TechStar IT Services, Inc. TechStar IT Services, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on techstarservice.com by anyone other than authorized TechStar IT Services, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will TechStar IT Services, Inc. be liable for any loss or damage caused by a User’s reliance on information obtained through techstarservice.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through TechStar IT Services, Inc. . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. UNSOLICITED IDEA SUBMISSION POLICY
TechStar IT Services, Inc or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstanding or disputes when TechStar IT Services’ products or marketing strategies might seem similar to ideas submitted to TechStar IT Services, so please do not send your unsolicited ideas to TechStar IT Services or anyone at TechStar IT Services. If despite our request that you not send us your ideas and materials, you still send them, please understand that TechStar IT Services makes no assurances that your ideas and materials will be treated as confidential or proprietary.
TechStar IT Services, Inc. shall have the right, but not the obligation, to monitor the content of techstarservice.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TechStar IT Services, Inc. and to satisfy any law, regulation or authorized government request. TechStar IT Services, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on techstarservice.com. Without limiting the foregoing, TechStar IT Services, Inc. shall have the right to remove any material that TechStar IT Services, Inc. , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless TechStar IT Services, Inc. , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of TechStar IT Services, Inc. by User or User’s Account.
Either TechStar IT Services, Inc. or User may terminate this Agreement at any time. Without limiting the foregoing, TechStar IT Services, Inc. shall have the right to immediately terminate User’s Account in the event of any conduct by User which TechStar IT Services, Inc. , in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for techstarservice.com established by TechStar IT Services, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [STATE/PROVINCE, COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
18. COPYRIGHT NOTICE
TechStar IT Services, Inc.’s logos are trademarks of TechStar IT Services, Inc. All rights reserved. All other trademarks appearing on TechStar IT Services, Inc. are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.