PEPSTAR WEBSITE TERMS AND CONDITIONS OF USE

 

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

1. Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Peace Entertainment Project Inc. (“PEPSTAR”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of PEPSTAR. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by PEPSTAR.

 

2. Trademark Notice

PEPSTAR and PEPSTAR Promoting the Kind in Human Kind are the logos, trademarks, and service marks of PEPSTAR. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

 

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED 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, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

 

PEPSTAR, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although PEPSTAR attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PEPSTAR so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 

4. Confidential and Proprietary Information

PEPSTAR does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to PEPSTAR through the Site will be deemed NOT to be confidential. By sending PEPSTAR any information or material, you grant PEPSTAR an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that PEPSTAR is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

 

5. Links or Pointers to Other Sites

PEPSTAR makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-PEPSTAR Website, please understand that it is independent from PEPSTAR, and that PEPSTAR has no control over the content on that Website. In addition, a hyperlink to a non-PEPSTAR Website does not mean that PEPSTAR endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

 

 

 

6. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

7. Entire Agreement

These Terms and Conditions constitute the entire agreement between PEPSTAR and you pertaining to the subject matter of this Agreement. In its sole discretion, PEPSTAR may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

 

8. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to PEPSTAR that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

9. Membership, Password, and Security

Many of the Services require you to be a member of, and to be eligible to use those Services you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, as well as pay any relevant membership fees. When you join PEPSTAR, you will choose a password to go with your username and/or email address. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. You agree to notify PEPSTAR immediately of any unauthorized use of your account or any other breach of security. PEPSTAR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PEPSTAR or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of both the account holder and PEPSTAR.

 

10. Donations in Support of Fiscally Sponsored Projects

If you make a donation to PEPSTAR for the purposes of supporting one of our fiscally sponsored projects, you understand that your gift is being made to PEPSTAR. In accordance with Internal Revenue Service rules, we must retain variance power over the donation. This means that PEPSTAR reserves the right to spend donated funds so as to best accomplish our charitable purposes, in our own sole discretion.

 

11. Materials Provided to PEPSTAR or Posted at PEPSTAR Website

PEPSTAR does not claim ownership of the materials you provide to PEPESTAR 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”) your Submission you are granting PEPSTAR permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. PEPSTAR is under no obligation to post or use any Submission you may provide and PEPSTAR may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.