LEGAL NOTICE
YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE EACH USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS SITE.
Conditions of Use You will not use this Web site (the “Site”) contrary to these Terms and Conditions, or in any way that is unlawful or harmful to Digital Stars, LLC, its affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers (the “Company,” “we” or “us”) or any customer thereof, other users of this Site, this Site, or the network to which it is connected, as determined in our sole discretion. Without limiting the foregoing, you agree that you will access and use this Site for your personal use only.
Consent to Monitoring/Disclosure The Company undertakes no obligation to monitor information residing on or transmitted to the Site. However, we may monitor and operate the Site in a manner that protects the users of the Site and complies with all laws, regulations or requests from governmental authorities. We reserve the right to modify or delete any information contained on the Site at any time.
All information provided by you to the Company in connection with the Site (and not otherwise covered as confidential under the Company’s Privacy Policy) shall be deemed not to be confidential and the Company will not protect any such information from disclosure or use by third parties.
Disclaimer of Liability
YOU ASSUME ALL RESPONSIBILITY FOR AND RISK FROM THE USE OF THIS SITE. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE IS ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL PROVIDED BY THE COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL THE COMPANY 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 OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.
No Endorsement References on the Site to any products, services or Web site links of any third parties shall not constitute or imply an endorsement of such products, services or Web sites by the Company. The Company makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products, services or Web sites provided by third parties that may be referred to on the Site.
Access To The Site
We reserve the right, in our sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of these Terms and Conditions. In addition, if asked to do so, you agree that you will not attempt to access this Site. We also reserve any and all remedies at law or equity in connection with any violation of these Terms and Conditions. You agree, at your own expense, to indemnify, defend and hold the Company (and its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content) harmless from and against any claim or demand and all losses incurred related to the use of the Site.
Security
In order to gain access to certain portions of the Site, you may be required to enter a user name and/or password on the Site. You agree not to disclose your user name or password to any other person or entity. In the event you determine that another party has gained access to your password or user name, or that another party has accessed the Site or service using your user name or password, you shall immediately notify us of such access. You agree that you will comply with any security processes and procedures specified by the Company with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site.
Intellectual Property
The information contained on the Site is proprietary to the Company and its providers and is protected under U.S. and foreign intellectual property laws. You may not provide this information to third parties by way of sale, lease, sublicense, file transfer or through a networked or time-sharing environment. Materials published by the Company on the Site may contain proprietary notices or describe products or services owned by the Company or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of the Company or any third party. The name Digital Stars, LLC, the RADIANT LIFE mark, the slogan THE AESTHETIC WELLNESS MAGAZINE, and all other names, marks and logos displayed on the Site and all related products and service names, design marks, and slogans are the property of the Company, except as may be otherwise indicated. Nothing contained herein shall be construed as granting to the user of this Site any consent, waiver or license under any copyright, trademark, patent or other intellectual property or other legal right of the Company or any third party.
Dispute Resolution
The Site is a service provided, controlled and operated by Company, which has its principal place of business in the State of West Virginia, United States of America. We make no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that users access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of West Virginia without reference to principles of conflicts of laws. YOU AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN WEST VIRGINIA SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Wheeling, West Virginia, applying West Virginia law without reference to conflict of laws principles.
Changes
The Company may amend these terms and conditions from time to time without prior notice. If we make material changes to these terms and conditions we will announce that we have made changes on the Website. Your continued use of the Web site after such announcement will constitute your acceptance of the new terms and conditions.
PRIVACY POLICY
A. General
This privacy policy outlines the information Digital Stars, LLC and its affiliates (collectively the “Company,” “we” or “us”), will collect during your visit to the Site and how we will use the information. This Privacy Policy does not apply to any other activities of the Company.
B. Internet Privacy and Information Collected
We respect your right to privacy, and will not collect personally identifiable information (for example your name, address, telephone number or e-mail address) about you from the Site unless you voluntarily provide it to us. During your visit to the Site, the Company may collect non-personally identifiable information regarding your usage of the Site.
C. Personal Information
When you provide personal information (for example, your name, age, e-mail address, phone number, zip code, mailing address or mother’s maiden name) for a specific purpose, we generally use it for that purpose. Unless otherwise stated at the time of collection, we do not disclose personally identifiable information provided to us to any third parties (other than business partners of the Company and third party vendors retained by the Company) unless you specifically authorize the disclosure, disclosure is necessary to provide service to you, or disclosure is required by law or for the safety of others. We may also use this information to protect our customers, employees or property – for instance, to investigate fraud, harassment or other types of unlawful service activities involving the Company or other companies that we do business with. Please note that when you provide personally identifiable information to us in connection with a transaction or event that we sponsor with a third party, you may also be providing that information to the third party. We are not responsible for the privacy policies of the third party.
D. Links to Third Party Sites
The Site may include links to or frames of Web sites of third parties. We are not responsible for the content or privacy practices employed by third party Web sites. Other Web sites may have different privacy policies or no privacy policy. Users should review the privacy policies of any Web site before providing personal information. You should note that we may host Web site advertising that is linked to the Site. If you provide any personally identifiable information while visiting any Web site advertising that is hosted by us, you will also be providing the personally identifiable information to the advertiser. If you provide any personally identifiable information while visiting any third party Web site that is linked from or framed by the Site, you will be providing the personally identifiable information to the third party owner of that site. Please note that we may share personally and non-personally identifiable information collected from any Web site advertising we host on behalf of an advertiser with third parties in order to complete a transaction that you initiated, provide you services or evaluate the hosted Web site.
E. Opting Out; Questions About the Policy
If you do not want us to contact you via e-mail, you can remove your name from our e-mail solicitation lists by contacting us. All concerns or questions about your privacy related to online advertising should be addressed through our Privacy Policy administration, which can also be reached by contacting us.
F. Communications with Users of the Site
We may contact you and our customers by telephone, direct mail or e-mail to conduct online surveys, provide information on new products and services, or inform you of special promotions. If you receive an e-mail from us that you do not wish to receive, you may contact us and ask us to remove you from our list. Please note that if you do remove yourself from our e-mail list, some e-mail messages may still come to you, although not those dealing with commercial solicitations. For example, we may e-mail you about viruses, or changes to your service, or other types of product advisories.
G. Cookies
We may use “cookies” to collect information regarding your usage of the Site. A cookie is a small file stored on the hard drive of your computer and available for future access when you return to the Site.
Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. However, some Web sites may be able to track your usage after cookie deletion if you come back to the same site or a related site and provide personal information.
H. Security
The Company is committed to protecting the security of users personal information, including when it is transmitted online. We may use information systems that collect and store customer information, in addition to systems that store our own business records. These systems have different types of security as appropriate for the information stored. Our databases and systems are maintained to reasonably secure the Company’s commercial information, including information about its customers.
I. Privacy Policy Updates
This privacy policy may be amended from time to time. |
