Terms of Service | Get Superstars, Inc.

Last updated 12/10/2021

Terms of Service

Get Superstars, Inc., a Delaware corporation (hereinafter, “Superstars”, “we”, “us”, “our”) provides its services (described below) to you through its website located at www.superstars.co or https://superstars.co (collectively, hereinafter the “Site”) and through its mobile applications, software, web services owned, controlled, or offered by Superstars now or in the future, and through any other related online and/or mobile services (collectively, such services, including any new features and applications, and the Site, hereinafter shall be referred to as the “Service(s)”), subject to the following Terms of Service (as amended from time to time, hereinafter the “Terms”). All audio, videos, pictures, images, graphics, photographs, logos, icons, information, data, text, software, music, sound, messages, profile information, or other materials that is uploaded, submitted, posted, published, provided, displayed, or otherwise made available via the Service or onto the Service (hereinafter, collectively referred to as “content”) is hereby incorporated by reference to be included as part of the Service, and together with the features, shall collectively hereinafter be referred to in the Terms as the “Service(s)”.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. We will always post the latest changes onto this page, so that this page always reflects the most up-to-date version of the Terms, and we will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately, and your continued use of the Service on or after the date any such changes become effective constitutes your full acceptance of the new Terms.

Any individual that views, visits, uses, accesses, browses, submits, or engages with the Services in any way, shape, or form (hereinafter, “user”, “User”) is hereby subject to the Terms, even if no Account (defined below) is created and/or registered with us. When you are the User and you are viewing, visiting, using, accessing, browsing, submitting, or engaging with the Services in any way (hereinafter, “you”, “You”), the term “you” or “You” shall refer to you and you alone, as applicable throughout the Terms. By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar) during the new account registration process, you signify that you have read, understood, and agree to be bound by these Terms, even if you are not a registered user of our Service.

These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a MANDATORY ARBITRATION PROVISION that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. When using the Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy, the Cookies Policy, and the Community Guidelines. All such terms are hereby incorporated by reference into these Terms.

YOUR FULL ACCEPTANCE AND AGREEMENT

The Services are offered to you conditioned on your full acceptance and agreement without modification of all the Terms contained herein (hereinafter, this “Agreement”). Certain features, services, or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to ALL such Terms. Please read these Terms carefully and keep a copy of them for your reference.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, CONSUMMATING A TRANSACTION, OR BROWSING THE SERVICES IN ANY WAY, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE FULLY BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES IN ANY WAY AND YOU ARE HEREBY INSTRUCTED IMMEDIATELY NOT TO ACCESS OR USE THE SERVICES IN ANY WAY.

USE OF OUR SERVICES

The Service provides a technology solution for professional networking, professional development, and professional growth. We empower users to elevate their professional brand, and to connect with other users by professional industry and/or by professional experience level.

Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services (hereinafter, “access”). Access is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.

You must be at least eighteen (18) years old to use the Service. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

This Agreement is a binding contract between you and Superstars. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Superstars, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under eighteen (18) years old is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Superstars.
REGISTRATION

To access and use certain areas or features of the Services, you may need to register an account with us (hereinafter, “Account”). We may maintain different types of Accounts for different types of Users. If you create an Account on behalf of a company, organization, or other entity (hereinafter, any of which may be referred to as an “entity”), then:
1. the term “you” shall be expanded in definition and scope throughout the Terms to include both you and that entity;
2. you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms; and
3. you agree to these Terms on the entity’s behalf.
ACCOUNT AND COMMUNICATION PREFERENCES

By creating an Account, you agree to:
1. provide true, current, complete, and accurate account information about yourself for your Account;
2. maintain and promptly update as necessary your account information for your Account;
3. maintain the security of your password for your Account;
4. accept all risks of unauthorized access to your Account; and
5. immediately notify us if you discover or otherwise suspect any security breaches related to your Account.
In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States of America (hereinafter, “United States”) or any other applicable jurisdiction. We reserve the right to immediately suspend or terminate your Account if any information you provided during the registration process to create an Account or thereafter as part of your Account proves to be inaccurate, false, misleading, or obsolete.
1. Communication Preferences.
  
  By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically, in lieu of communication by postal mail, will satisfy any legal communication requirements and/or any notices required by law, including, but not limited to, that such communications be in writing.
2. Account Information, Updates.
  
  You agree to provide and maintain true, current, complete, and accurate account information for your Account, as well as any payment information if applicable. You agree to update the information you have provided to Superstars in the event of any changes to your contact information, professional background, and/or identification. Specifically with respect to your contact information, Superstars may deliver notices to you at the most recent email, telephone, or address provided by you on your Account and/or communicated directly to us in writing, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
3. Account Access and Security.
  
  You may never use another User’s Account in any way, shape, or form.
  
  You are responsible for maintaining the confidentiality of your password to your Account, including but not limited to the restriction of access to your computer and/or Account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
  
  You are fully and solely responsible for any and all activities that occur under your password or through your Account. Please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Superstars of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.
  
  You agree to:
  1. immediately notify Superstars of any unauthorized use of your password or Account or any other breach of security; and
  2. ensure that you exit from your Account at the end of each session when accessing the Service.
  For the avoidance of doubt
  
  Superstars will not be liable for any loss or damage arising from your failure to comply with this section. You hereby accept all risks of unauthorized access to your Account and hold harmless Superstars and Indemnitees (defined further below in the Terms) from any unauthorized breach of your Account, any unauthorized activities through your Account, and any unauthorized use of your Account. Superstars will not be liable for any losses caused by any unauthorized use of your Account.
  
  We reserve the right to suspend the Services, or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account. We reserve the right to refuse or cancel your access to the Service, terminate your Account, or remove or edit any content from the Services if in our sole discretion, you have failed to comply with any of the provisions of these Terms.
4. Account Rules.
  
  In creating an Account, you also select a username to be featured as your user handle throughout the Services (hereinafter, the “username”). You may not use as a username the name of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene, per our sole discretion to determine what is offensive, vulgar, or obscene language. Usernames are available on a first-come, first-serve basis. If you change your username to another username, there is NO guarantee that you will be able to change back to the original username you previously had. Once you change to a new username, the prior username is released for any user or new registrant to select as their username on the Services.
  
  Usernames are NOT for sale, and creating an account just to squat on a username is strictly prohibited. We reserve the right, at any time, without warning or prior notice, to cancel the username of your Account and replace it with a new username as close as possible to the original username you had, which you can then amend to another username of your choice, at our sole discretion if such action is deemed necessary.
  
  We reserve the right to refuse you access to our Service, to terminate your Account, to remove or edit User Content (defined below), to cancel and replace your username, and to take any other action deemed necessary with regard to Superstars, the Services, and/or the Site, in our sole discretion.
5. Account Communications.
  
  By creating an Account, you agree to subscribe to newsletters, marketing, promotional materials, and other information, such as changes to features of the Service and special offers, we may send to your email address and/or through the Service. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at [email protected]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6. Modifications to Service.
  
  Superstars reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Superstars will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We reserve the right to withdraw or amend our Service, and any service or content we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to you, more than one user, and/or all users, in our sole discretion.
  
  For the avoidance of doubt
  
  We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of your access and Account for any reason or no reason, you continue to be bound by this Agreement.
7. Mobile Services.
  
  The Service includes certain services that are available via a mobile device, including:
  1. the ability to upload content to the Service via a mobile device;
  2. the ability to browse the Service and the Site from a mobile device; and
  3. the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).
  To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Superstars by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
ACCESS TO THE SERVICES

We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for:
1. scheduled downtime; or
2. any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation:
  1. a force majeure event;
  2. internet host, webhosting, cloud computing platform, technology server, content delivery network, or public telecommunications network failures or delays, or denial of service attacks;
  3. a fault or failure of your computer systems or networks; or
  4. any breach of these Terms by you.
PROHIBITED USES

You are solely responsible for all content that you upload, post, publish, or display via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Superstars. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.

Use of the Services is limited to the permitted uses expressly authorized by us. Any violation of these Terms by your content, as determined by Superstars in its sole discretion, may result in the immediate and permanent termination of your access to the Services. The Services SHALL NOT be used to:
1. harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. engage in any unlawful, fraudulent, or deceptive activities;
3. misrepresent the source, identity, or content of information transmitted via the Services;
4. use technology or other means to access unauthorized content or non-public spaces;
5. use or launch any automated system or process, including without limitation, “bots”, “spiders”, or “crawlers”, to access unauthorized content or non-public spaces;
6. attempt to introduce viruses or any other harmful computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
7. probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
8. use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
9. modify the Services in any manner or form; use modified versions of the Services, including to obtain unauthorized access to the Services;
10. use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission;
11. attempt to damage, disable, overburden, or impair our servers or networks;
12. attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to Superstars, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
13. display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
14. encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
15. engage in any conversation or otherwise upload any content that:
  1. infringes any intellectual property or other proprietary rights of any party;
  2. in any way infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
  3. you do not have a right to upload under any law or under contractual or fiduciary relationships;
  4. contains software viruses 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;
  5. poses or creates a privacy or security risk to any person;
  6. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  7. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or
  8. in the sole judgment of Superstars, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Superstars or its users to any harm or liability of any type;
16. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
17. violate any applicable local, state, national or international law, or any regulations having the force of law;
18. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; impersonate or attempt to impersonate Superstars, a Superstars employee, another user, or any other person or entity;
19. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
20. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
21. promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;
22. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
23. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
24. solicit personal information from anyone under the age of 18; for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
25. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Superstars or Users, or expose them to liability; and/or
26. violate these Terms in any manner, in any way, in any shape, and/or in any form.
USE OF COMMUNICATION SERVICES

The Services may contain comment sections, chat areas, forums, reviews, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, hereinafter “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or engaging with the Services in any way, you WILL NOT:
1. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
3. publish, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
4. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
5. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
6. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
7. conduct or forward surveys, contests, pyramid schemes, or chain letters;
8. download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
9. falsify or delete any 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;
10. restrict or inhibit any other user from using and enjoying the Communication Services;
11. violate any code of conduct or other guidelines which may be applicable for a particular Communication Service;
12. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
13. harvest or otherwise collect information about users without their and our consent;
14. attempt to interfere with the proper working of Service;
15. take any action that may damage or falsify our rating;
16. use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;