SITE TERMS AND CONDITIONS OF USE

1. User's Acknowledgment and Acceptance of Terms

Artene Media Group, LLC (referred to as ”us” or ”we”) provides the www.RateStars.com site and the RateStars application for mobile devices and various related services (together referred to as this ”Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the ”Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Any user of this site shall be referred to as “you” or “user” or any other grammatically appropriate term referencing a user.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE YOU FURTHER AGREE THAT YOU ARE OVER THE AGE OF SIXTEEN (16) OR THE AGE OF MAJORITY WHERE YOU LIVE IF YOUR LOCAL LAWS REQUIRE AS SUCH.

As used in these Terms of Use, references to our ”Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2. Description of Services

We make various services available on this Site including, but not limited to, the ability to nominate and post profiles of public figures for reviewing, the ability to comment on and review the public figures, and the ability to rate and comment on other user profiles (the “Services”).

Personalized Services. Your experience on the Site is unlike any other user: from the posts, reviews, events, ads, and other content you see to the public figures you follow and other features you might use, such as the searches you perform. For example, we use data about the ratings and reviews you make, the choices and settings you select, and what you post to personalize your experience.

Connecting You with Public Figures You Care About. We help you find and connect with public figures, people, groups, businesses, organizations, and others that matter to you. We use data to make suggestions for you and others - for example, public figures to follow or rate and people you may wish to follow. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about or wish to see improve.

Making Your Voice Heard. There are many ways to be heard on the Site and communicate with others about what matters to you - for example, rating public figures, posting public comments, or even creating like-minded groups. And we continue to explore and develop new technologies that allow users to rate and interface with the organizations they care about.

Safety and Security. People will participate on the Site if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Services. We employ dedicated teams around the world, work with external service providers, partners and other relevant entities and develop advanced technical systems to detect potential misuse of our Site, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We may access, preserve, use and share any information we collect about you where we have a good faith belief it is required or permitted by law to do so. For more information, please review our Privacy Policy.

Modifications. We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party, should we exercise such right. Modifications may include, but are not limited to, changes in Site formatting, Site storage, the addition of pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

Interruptions. You understand and agree that temporary interruptions of the services available hrough this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Registration Data and Privacy

In order to access the services on this Site, you will be required to create a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Who Can Create an Account. When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

  • When you create an account, you must use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own) and use it for rating public figures or promoting yourself.
  • Keep your password and access to your account to yourself and confidential, and you cannot transfer your account to anyone else (without our permission).
    We try to make the Site broadly available to everyone, but you cannot use the Site if:
  • You are under sixteen (16) years old.
  • You are a convicted sex offender.
  • We have previously disabled your account for violations of our Terms or other standards, or other terms and policies that apply to your use of the Site. If we disable your account for a violation of our Terms, other terms or policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion and does not mean or imply that the disciplinary action was wrong or without cause.
  • You are prohibited from receiving our products, services, or software under applicable laws.

If you do not or cannot create an account pursuant to these terms, you may still have access to view the Site, but you will not be able interact with the Site, any profiles or any users.

4. Account Suspension or Termination

We want the Site to be a place where people feel welcome and safe to express themselves and share their thoughts on public figures and organizations.

If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or other policies, we may suspend or permanently disable your access to the Site, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account.

Where we take such an action we will let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our Site or community of users; compromise or interfere with the integrity or operation of any of our Services or systems; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can contact us if you think we have disabled your account by mistake.

If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3-11, 17-20.

5. Conduct on Site

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications and posts on or through the Site. By posting information in or otherwise using Service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, veteran status or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. Impersonates any person or entity, including any of our employees or representatives.

WE NEITHER ENDORSE NOR ASSUME ANY LIABILITY FOR THE CONTENTS OF ANY MATERIAL UPLOADED OR SUBMITTED BY USERS OF THE SITE. WE GENERALLY DO NOT PRE-SCREEN, MONITOR, OR EDIT THE CONTENT POSTED BY USERS OF COMMUNICATIONS SERVICES, CHAT ROOMS, MESSAGE BOARDS, NEWSGROUPS, OR OTHER INTERACTIVE SERVICES THAT MAY BE AVAILABLE ON OR THROUGH THIS SITE. However, we and our agents have the right, in our sole discretion, to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. YOU HEREBY CONSENT TO SUCH REMOVAL AND WAIVE ANY CLAIM AGAINST US ARISING OUT OF SUCH REMOVAL OF CONTENT. See ”Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Sites and Information

This Site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

7. Intellectual Property Information

Copyright 2023 Artene Media Group, LLC. All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes, but is in no way limited to, public figure profiles, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Artene Media Group, LLC, its Affiliates or the party responsible for posting the content. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Artene Media Group, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Artene Media Group or its Affiliates.

8. User's Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

Permissions You Give Us. We need certain permissions from you to provide our services:

  1. Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You retain ownership of the intellectual property rights (for example, copyrights and trademarks) in any such content that you create and share on our Site. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
  2. However, to provide our Services we need you to give us some legal permissions (formally called a "license") to use this content. This is solely for the purposes of providing and improving our Services as described above. Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with our  Privacy Policy and any other policies that might apply). This means, for example, that if you share a photo on the Site, you give us permission to store, copy, and share it with others, again, consistent with our Privacy Policy and other applicable policies. This license will end when your content is deleted from our systems.

    You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos you post in public figure profiles, which may continue to be visible to other album members.

    It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you chose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

      Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
    • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
    • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
      • where immediate deletion would restrict our ability to:
      • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Services or systems);
      • protect the safety, integrity, and security of our Services, systems, services, our employees, and users, and to defend ourselves;
      • comply with legal obligations for the preservation of evidence, including data where we are providing financial products and services and must comply with any record keeping obligations required by law; or
      • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

    in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

    In each of the above cases, this license will continue until the content has been fully deleted.

  3. Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on the Site next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Services, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have commented on a public figure. Ads and content like this can be seen by people who have bookmarked your profile, anyone reviewing your page, or anyone seeing our ads wherever they are shown.
  4. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

Copyright Use and Permissions. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of therepeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

The Artene Media Group, LLC

copyright@RateStars.com

www.RateStars.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Limitations of Use of our Intellectual Property. If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on the Site), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks as we may allow in other policies or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND ”AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE, POST OR DISSEMINATE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, AND OTHER OBJECTIONABLE CONTENT).

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Artene Media Group, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Artene Media Group, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

10. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid us for the services on the Site during the one (1) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, ANY INFORMATION PROVIDED BY OUR AGENTS, INCLUDING FOR PHYSICAL FITNESS OR TRAINING SERVICES, NOR FOR ANY ANTICIPATED RESULTS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Participation in Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We may provide storage space and access for material through our Site. For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), video recordings, and audio recordings. You may not use this Site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained or used in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your access to our Site. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This Site Is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

14. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

15. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

16. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. These Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

17. Governing Law; Venue

This Site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site both of us agree that the statutes and laws of the State of Florida, without regard to its choice or conflict of laws principles, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Miami-Dade County, Florida and the United States District Court for the Southern District of Florida with respect to such matters.

18. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent via email to Support/Customer Service at support@RateStars.com. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you. support@RateStars.com.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.

19. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

20. Miscellaneous

Supplemental Terms. Some Services may be governed by supplemental terms.

Username Change. We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

Timeline for Disputes. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

No Assignment or Third-Party Beneficiary. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

No Copying. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, epidemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Reservation of Rights. We reserve all rights not expressly granted to you.

21. Contact Information

Except as explicitly noted on this Site, the services available through this site are offered by Artene Media Group, LLC a Florida limited liability company, support@RateStars.com. If you are a Florida resident, you may have this same information emailed to you by sending an e-mail to the foregoing e-mail address with your email and a request for this information.