Terms of Use

1. ACCEPTANCE OF TERMS

The services that "Bid On A Star" provides to the User is subject to the following Terms of Use ("TOU"). "Bid On A Star" reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of bidonastar.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in bidonastar.com, sets forth the terms and conditions that apply to use of bidonastar.com by the User. By using "Bid On A Star" (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use bidonastar.com is personal to the User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

B. "Bid On A Star" shall have the right at any time to change or discontinue any aspect or feature of bidonastar.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

C. The term "User" in this document represents:

Anyone who has created an account or using an account of any kind on "bidonastar.com"
Any visitor to "bidonastar.com

2. CHANGED TERMS

"Bid On A Star" shall have the right at any time to change or modify the terms and conditions applicable to User's use of bidonastar.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on bidonastar.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of bidonastar.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property, "Bid On A Star" provides User with access to a variety of resources, including bidding areas, communication forums and service information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of bidonastar.com and all charges related thereto.

5. USER CONDUCT

A. User shall use bidonastar.com for lawful purposes only. User shall not post or transmit through bidonastar.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without "Bid On A Star" 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in "Bid On A Star" 's discretion restricts or inhibits any other User from using or enjoying bidonastar.com will not be permitted. User shall not use bidonastar.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with "Bid On A Star" .

B. bidonastar.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of bidonastar.com are copyrighted as a collective work under the U.S.A copyright laws. "Bid On A Star" owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of "Bid On A Star" and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on bidonastar.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of bidonastar.com, User automatically grants, or warrants that the owner of such material has expressly granted "Bid On A Star" the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants "Bid On A Star" the right to edit, copy, publish and distribute any material made available on bidonastar.com by User.

D. The foregoing provisions of Section 5 are for the benefit of "Bid On A Star", its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

"Bid On A Star" has no obligation to monitor the Communication Services. However, "Bid On A Star" reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. "Bid On A Star" reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. "Bid On A Star" reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in "Bid On A Star"'s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. "Bid On A Star" does not control or endorse the content, messages or information found in any Communication Services and, therefore, "Bid On A Star" specifically disclaims any liability with regard to the Communication Services and any actions resulting from User's participation in any Communication Services. Managers and hosts are not authorized "Bid On A Star" spokespersons, and their views do not necessarily reflect those of "Bid On A Star".

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing "Bid On A Star" with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify "Bid On A Star" immediately of any unauthorized use of User's account or any other breach of security. "Bid On A Star" will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by "Bid On A Star" or another party due to someone else using User's account or password. User may not use anyone else's account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO "Celebrities" or "Stars"

Definitions. A Celebrity or Star is anyone who has made himself/herself available on bidonastar.com for being bid on. This document shall refer to such a person as a "Celebrity" or "Star". An "Event" is defined as an event (i.e. date) that will occur between the "Celebrity" and the winner of the auction.

8.1 Celebrity Security

When an auction has been won, an Event will ensue. It is entirely up to the Celebrity to ensure adequate security for themselves and their entourage at any time before, during and after the event. "Bid On A Star" does not provide any type of security for Celebrities at any time.

8.2 Celebrity Transportation

Unless otherwise pre-arranged, "Bid On A Star" does not provide the means of transportation for the Celebrity to the Event.

8.3 Celebrity Privacy

Although "Bid On A Star" will ensure, through the very best of its abilities, that all information on its servers will remain safe and private, "Bid On A Star" cannot guarantee 100% that private information will remain private.

Any information shared by the Celebrity with the winner of the auction is the Celebrity's responsibility. Bid On A Star cannot and does not guarantee that the winner of the auction will not use this information for their own agenda.

8.4 Cancellation of the Event

The Celebrity may cancel the Event at any time. However, the funds raised during the auction must and will be returned to the winner of the auction. The Celebrity is liable for any funds that may have already been transferred to the Charity. The Celebrity will also be responsible for reimbursement of any Event fees or fees related to the Event that may have been paid (ex. Hotel bookings, flight bookings).

In the event of a death in their immediate family up to 6 weeks prior to the Event, a Celebrity may cancel the Event and will not be held liable for Event related fees initiated by the winner of the Bid. It will be up to the Celebrity whether they wish to re-schedule this Event at a future date. Bid On A Star may search for an alternate Celebrity for the winner of the Bid.

In the event of a death in their immediate family up to 6 weeks prior to the Event, the winner of the auction may cancel the Event and will not be held liable for any Event related fees initiated by the Celebrity (ex. The Celebrity may have booked a hotel in Switzerland for skiing in the Alps.). However, Bid On A Star will search for the next runner-up of the auction to take the winner's place but makes no guarantee that one will be available.

8.5 Event Conditions (ex. Pictures, Videos and other multimedia during the Event)

Bid On A Star cannot and does not control what happens during the Event. Bid On A Star does provide Conditions that auction winners must abide by for the Event as set by the Celebrity when setting up the Auction on-line.

It is the sole responsibility of the Celebrity to ensure that these conditions are followed. Any breach of these conditions by the auction winner that the Celebrity finds unacceptable entitles the Celebrity to cancel the Event. However, evidence must be provided to "Bid On A Star" that one of such Conditions were breached. Without evidence, "Bid On A Star" will not have any choice but to reimburse the winner of the auction of the amount they paid for Charity. The Celebrity may also be held liable for any fees disbursed by the winner of the auction in regards to this Event if evidence is not provided.

Any breach of Conditions or any other issues arising as the result of the auction win and/or Event will be between the Celebrity and the winner of the auction. The Celebrity will not hold Bid On A Star, its affiliates, CEO, shareholders, directors liable for any breach of Conditions perpetrated by the winner of the auction. The Celebrity will not hold Bid On A Star, its affiliates, CEO, shareholders, directors liable for any issues or matters arising as the result of the auction win and/or the Event.

9. NOTICE SPECIFIC TO "Auction Winners"

Definitions. An Auction Winner is anyone who has won a bid for the opportunity to have a form of contact (usually an Event) with their Celebrity of choice. This document shall refer to such a person as an "Auction Winner". An "Event" is defined as an event (i.e. date) that will occur between the Celebrity and the Auction Winner.

9.1 Auction Winner Security

When an auction has been won, an Event will ensue. It is entirely up to the Auction Winner to ensure adequate security for themselves at any time before, during and after the event. "Bid On A Star" does not provide any type of security for Auction Winners at any time. As well, Auction Winners are expected to abide by all rules and/or regulations set forth by the Celebrity or their agent(s) at all times. Any breach of rules or regulations entitles the Celebrity to cancel the Event at the Auction Winner's cost.

9.2 Celebrity Transportation

Unless otherwise pre-arranged, "Bid On A Star" does not provide the means of transportation for the Auction Winner to the Event.

9.3 Auction Winner Privacy

9.4 Cancellation of the Event

The Auction Winner may not cancel the Event except under extraneous circumstances (floods, major hurricanes, act of God, death in the family). Extraneous circumstance must be proven. Should the Auction Winner cancel the event for any other reason, the funds for the Charity, the Event and Bid On A Star, Inc. will not be returned.

In the event of a death in their immediate family up to 6 weeks prior to the Event, an Auction Winner may cancel the Event and will not be held liable for Event related fees that the Celebrity may have incurred. It will be up to the Auction Winner whether they wish to re-schedule this Event at a future date. Bid On A Star will seek the runner-up for to the take Auction Winner's place.

In the event of a death in their immediate family up to 6 weeks prior to the Event, the Celebrity may cancel the Event and will not be held liable for any Event related fees initiated by the Auction Winner (ex. The Auction Winner may have booked a hotel in Switzerland for skiing in the Alps.). However, Bid On A Star will search for another suitable Celebrity that the Auction Winner may be interested in meeting.

9.5 Event Conditions (ex. Pictures, Videos and other multimedia during the Event)

Bid On A Star cannot and does not control what happens during the Event. Bid On A Star does provide Conditions that the Auction Winner must abide by for the Event as set by the Celebrity when setting up the Auction on-line. Furthermore, the Auction Winner must abide by any further rules and regulations that may be presented to him/her while attending the Event.

The Auction Winner must ensure that they abide by all conditions, rules and regulations set for by the Celebrity, agents or other members or their entourage. Any breach of these conditions by the Auction Winner that the Celebrity finds unacceptable and breaches the Conditions or Rules or Regulations entitles the Celebrity to cancel the Event. However, evidence must be provided to "Bid On A Star" that one of such Conditions were breached. Without evidence, "Bid On A Star" will not have any choice but to reimburse the winner of the auction of the amount they paid for Charity. The Celebrity may also be held liable for any fees disbursed by the winner of the auction in regards to this Event if evidence is not provided. Should the Auction Winner breach any conditions and the Event is terminated and there is proof that the Auction Winner did breach a Condition, the Auction Winner will not be reimbursed for any fees (Charity Money, Event Money, etc.) and may be held responsible (criminally and/or financially) for any acts that incurs a loss (any type of damage - physical, emotional, vandalism) by the Celebrity.

Any breach of Conditions or any other issues arising as the result of the auction win and/or Event will be between the Celebrity and the Auction Winner. The Auction Winner will not hold Bid On A Star, its affiliates, CEO, shareholders, directors liable for any issues or matters arising as the result of the auction win and/or the Event.

10. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

"Bid On A Star" AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. "Bid On A Star" AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL "Bid On A Star" AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. "Bid On A Star" AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

11. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL "Bid On A Star" AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

12. MATERIALS PROVIDED TO "Bid On A Star" OR POSTED AT ANY OF ITS WEBSITES

"Bid On A Star" does not claim ownership of the materials the User provides to "Bid On A Star" (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission User is granting "Bid On A Star", its affiliated companies and necessary sublicensees permission to use User's Submission in connection with the operation of their Internet businesses (including, without limitation, all "Bid On A Star" Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User's Submission, as provided herein. "Bid On A Star" is under no obligation to post or use any Submission User may provide and "Bid On A Star" may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User's Submission as described in these Terms of Use including, without limitation, all the rights necessary for User 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"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User's use and as otherwise permitted by these Terms of Use and the Services, (b) User 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, User is granting (a) to all members of User's 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 User's Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (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 User's Images without having User's name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User 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 User completely remove such Images. No compensation will be paid with respect to the use of User's Images.

13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USER EXPRESSLY AGREES THAT USE OF bidonastar.com IS AT USER'S SOLE RISK. NEITHER "Bid On A Star", ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT bidonastar.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF bidonastar.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH bidonastar.com.

B. bidonastar.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT "Bid On A Star" IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL "Bid On A Star", OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING bidonastar.com OR THE "Bid On A Star" SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE bidonastar.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, "Bid On A Star", NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN bidonastar.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

14. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE "Bid On A Star"'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF "Bid On A Star" AND "Bid On A Star" IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. "Bid On A Star" IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. "Bid On A Star" IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY "Bid On A Star" OF THE SITE.

"Bid On A Star" is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, "Bid On A Star" has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of bidonastar.com, are those of the respective author(s) or distributor(s) and not of "Bid On A Star". Neither "Bid On A Star" nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through bidonastar.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with "Bid On A Star". "Bid On A Star" neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on bidonastar.com by anyone other than authorized "Bid On A Star" employee spokespersons while acting in their official capacities. Under no circumstances will "Bid On A Star" be liable for any loss or damage caused by a User's reliance on information obtained through bidonastar.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through "Bid On A Star". Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

15. UNSOLICITED IDEA SUBMISSION POLICY

"Bid On A Star" OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN "Bid On A Star"'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO "Bid On A Star". SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO "Bid On A Star" OR ANYONE AT "Bid On A Star". IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT "Bid On A Star" MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

16. MONITORING

"Bid On A Star" shall have the right, but not the obligation, to monitor the content of bidonastar.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by "Bid On A Star" and to satisfy any law, regulation or authorized government request. "Bid On A Star" shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on bidonastar.com. Without limiting the foregoing, "Bid On A Star" shall have the right to remove any material that "Bid On A Star", in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

17. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless "Bid On A Star", its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of "Bid On A Star" by User or User's Account.

18. TERMINATION

Either "Bid On A Star" or User may terminate this Agreement at any time. Without limiting the foregoing, "Bid On A Star" shall have the right to immediately terminate User's Account in the event of any conduct by User which "Bid On A Star", in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

19. MISCELLANEOUS

This Agreement and any operating rules for bidonastar.com established by "Bid On A Star" constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the state of California, U.S.A, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

20. COPYRIGHT NOTICE

21. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.