ASP TERMS and AGREEMENTS!
The Alyson Stoner Project ("ASP") website at www.alysonstonerproject.com ("Website") provides a number of different types of online content that is subject to the following Terms of Use Agreement and the following Conditions. If you do not agree with these Terms of Use Agreement and Conditions, please do not use this Website.
BEFORE ACCESSING OR USING THIS WEBSITE AND/OR RELATED WEBSITE SERVICES, PLEASE UNDERSTAND THAT ACCESS AND/OR USE OF THIS WEBSITE AND/OR ANY RELATED WEBSITE CONTENT AND SERVICE(S) ARE BINDING AS SET FORTH IN THE TERMS AND CONDITIONS STATED BELOW. PLEASE NOTE THAT WE MAY MAKE MODIFICATIONS/CHANGES TO OUR TERMS OF USE AGREEMENT AND CONDITIONS FROM TIME TO TIME. ANY MODIFICATIONS/CHANGES THAT WE MAKE BECOME EFFECTIVE IMMEDIATELY UPON WEBSITE NOTICE OR WEBSITE POSTING. PLEASE NOTE THAT WE MAY MODIFY THIS AGREEMENT AT ANY TIME. IF THE CHANGES ARE SIGNIFICANT, WE WILL PROVIDE A MORE PROMINENT NOTICE. PLEASE REVIEW THIS AGREEMENT PERIODICALLY. YOUR CONTNUED USE OF THIS WEBSITE SHALL BE DEEMED YOUR ONGOING ACCEPTANCE OF ANY AND ALL FORTHCOMING REVISED/MODIFIED AGREEMENTS. IF YOU HAVE ANY ADDITIONAL QUESTIONS OR CONCERNS ABOUT THE ASP WEBSITE, TERMS OF USE AGREEMENT OR CONDITIONS, PLEASE FEEL FREE TO CONTACT US ANY TIME BY E-MAIL AT www.alysonstonerprojectcontact@gmail.com
1. LIMITED LICENSING; USE OF SERVICES
ASP grants users and subscribers a limited, personal, non-transferable and non-exclusive, right and license, to access this Website and/or related Website Services. Unless otherwise specified in writing, the Services are for your personal and non-commercial use only. ASP's listing of Services shall contain, without limitation: E-mail services, bulletin and message boards, chat areas, uploads, news groups, forums, communities, calendars, on-going contests and various other message communication applications.
2. REGISTRATION, PASSWORDS AND SECURITY
In order to access certain areas within the ASP Website, users may be required to undergo a registration process and submit current, complete and accurate information. Failure to provide the Information as required could result in termination of this Agreement and your continued access to the ASP Website. The registration process includes selecting a username and password. You are responsible for maintaining the security and confidentiality of your account and password. You are entirely responsible for any activity associated with your account. If there is unauthorized access to your account or a breach of security - you are responsible! ASP is in no way responsible or liable for unauthorized access of your account by others. ASP will not be liable for any damages incurred as a result of someone else using your account or password - with or without your knowledge. In such an instance, you may be held liable for any losses incurred by ASP, and any other party, whose loss is the result of someone else using your account and password. If ASP discovers that you are in violation of the Terms of Use Agreement and/or Conditions, your account may be terminated.
3. PROHIBITED ACTIVITIES
Website user agrees that their use of this Website and/or Services is for lawful, permissible and acceptable activities only, and user must remain, at all times, in compliance with the Terms of Use Agreement and/or Conditions. Please see the following, non-exclusive list of examples of Prohibited Activities.
- Activities that infringe on or may possibly infringe on the property rights or privacy of ASP or another third party. This includes the use of personal information posted on this Website.
- Activities that cause or may cause losses or damages to ASP or another third party. Defamation, libelous or defamatory statements toward ASP or another third party is also prohibited.
- Activities that are constituted or may be constituted as obscene, pornographic or profane.
- Activities that constitute or may lead to criminal offense.
- Registering or sending another person's email address or pretending to be someone else.
- Commercial activities or other commercially motivated activities.
- Activities that damage the honor or trustworthiness of ASP, our Members, affiliates, business partners, clients, sponsors, users and visitors and/or this Website.
- Use or providing of computer viruses and other harmful programs or actions that could lead to such damages or activities.
- Activities that violate or could violate laws.
- Other activities that ASP deems inappropriate at any time.
4. REPORTING VIOLATIONS OF TERMS OF USE
ASP may remove Content and/or user accounts at any time, for any reason (including, but not limited to, upon receipt of claims of allegations from third parties or legal authorities in relation to such Content), or for no reason at all. To report violations of Terms of Use, please email us at legal@alysonstonerproject.com.
Complete Website security cannot be guaranteed by anyone, at all times, and that includes ASP. Therefore, ASP accepts no responsibility for any unauthorized entry into the Website, even if such entry could have been prevented by procedures known to ASP, but not adopted. Furthermore, regarding Website security you hereby waive any claim against ASP and/or its affiliates, directors, officers, members, employees and agents as a result of unauthorized entry and/or acts by third parties.
5. BILLING AND RENEWAL TRANSACTIONS AND POLICIES
The ASP website presents users and subscribers with certain products, subscriptions or services that are available for purchase. ASP may utilize authorized third party vendor to acquire the necessary purchaser information in order to complete a particular service or transaction. When purchasing products or services, you agree to provide accurate, complete and current information and agree to comply with the terms and conditions of any and all transaction-related agreement(s).
6. USER SUBMISSIONS AND POSTINGS
ASP hosts a number of public forums on its website that may include: message boards, chats and other types of public forums. Any user failing to comply with the Terms of Use Agreement and/or Conditions of this Agreement may be removed from such access and/or refused continued access to any available ASP public forums. ASP, or its designated agents, may remove or alter any user-created content/submissions at any time, and for any reason. ASP expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the others, and do not reflect the opinions of ASP, or any of its subsidiaries or affiliates. Users who post content on the ASP website grant unto ASP a world-wide, perpetual, irrevocable, fully-licensable, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, incorporate in other works, and publicly display all User Postings, in whole or in part, on ASP, in any format or medium, now known or later developed.
7. MONITORING
ASP has absolutely no obligation to monitor any of the content or postings on the message boards, chat rooms or other public forums on this Website. However, we reserve the right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
8. THIRD PARTY CONTENT
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ASP. Neither ASP nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, ASP neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Website or Services by anyone other than an authorized ASP representative while acting in his/her official capacity.9. CONTESTS, GAMES AND DANCE CHALLENGES
ASP provides contests, games and dance challenges on its Website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the Web page where the contest, game or dance challenge may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please refer to, and understand, the rules governing each contest, game or dance challenge before participating.10. LINKS TO OTHER WEBSITES AND DISCLAIMER
On the ASP website, there may be linked websites ("links") that take you to another non-ASP website. These links are provided for convenience only and user agrees that the content associated with these links is beyond our control and we do not endorse these links. ASP does not review the content of these links nor approve of their content. ASP is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any of these links. You acknowledge and agree that ASP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by, or in connection with, the use of any of links, content, goods or services available on or through the Linked Sites.11. THIRD PARTY DEALINGS
Your participation, correspondence or business dealings with any third party entity found on or through our Website or Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ASP shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.12. PROPRIETARY RIGHTS
You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of ASP or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning ASP or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.13. COPYRIGHT POLICY
The ASP website and its contents are protected under the copyright laws of the United States and foreign laws. Site material may be copied in full, with copyright contact, creations and information intact, with written permission from authorized ASP representatives. Violation of the Terms of Use Agreement and the corresponding use of this protected material will result in immediate revocation of your user license and will require the destruction of that Website material in your possession. ASP abides by the Digital Millennium Copyright Act of 1998 (the "DMCA") and other applicable laws which provide recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under the U.S. copyright law. In appropriate instances, and at ASP's sole discretion, our response to alleged copyright infringement includes removing, disabling and/or terminating named material.
If you believe in good faith that materials hosted by ASP infringe your copyright, you, or your agent may send to ASP a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ASP actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to ASP a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. See: http://www.loc.gov/copyright Contact ASP for copyright infringement or counter notices at aspdmca@gmail.com.
Or:
ASP Copyright Designated Agent:
Kent G. Schmidt
The Alyson Stoner Project
10153 ½ Riverside Drive; Suite 134
Burbank, CA 91602
Telephone: 913-927-2345
Fax: _______________
ASP suggests that you consult your legal advisor before filing a notice or counter-notice.
14. ASP PRIVACY POLICY
ASP's policy with respect to the collection and use of your personally identifiable information is set forth at www.alysonstonerproject.com. Your use of the ASP website and/or Services signifies your acknowledgement of, and agreement to our Privacy Policy. You further acknowledge and agree that ASP may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal processes; enforce the Terms of Use Agreement; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ASP, its affiliates, users and/or the general public.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE ASP WEBSITE AND/OR SERVICE(S) IS ENTIRELY AT YOUR OWN RISK. THE SITES, SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT OF THE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASP AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ASP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ASP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ASP WEBSITE AND/OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ASP WEBSITE OR SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ASP WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ASP WEBSITE OR THE SERVICE OR ANY LINKS ON THE ASP WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ASP WEBSITE OR THE SERVICE OR ANY LINKS ON THE ASP WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. PROFESSIONAL ADVICE DISCLAIMER
THIS ASP WEBSITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL BEFORE ENGAGING IN ACTIVITY. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION: PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND ASP MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold ASP and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to ASP or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of this Website and/or the Services. This Indemnification Section shall survive in the event this Agreement is terminated for any reason.
19. JURISDICTIONAL ISSUES
ASP makes no representation or warranty that the content and materials on this Website and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access ASP or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. ASP reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
20. TERMINATION OF SERVICE
You agree that ASP, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, or otherwise terminate your access to this Website and/or Services and including your password (in whole or in part) and remove and discard any content within the Website, at any time and for any reason. You agree that any actions taken under this Termination of Service section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
21. GENERAL INFORMATION
This Terms of Use Agreement constitutes the entire agreement and understanding between you and ASP and governs your use of the Website and/or Services, superseding any prior agreements between you and ASP. This Agreement and the relationship between you and ASP shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and ASP irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Los Angeles, in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of ASP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction, to be unlawful, invalid or void or for any reason or unenforceable, then the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision. The section titles in this Terms of Use Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website and/or Services must, under the Terms of Agreement be filed within one (1) year after such claim of action arose or forever be barred.
These Terms and Conditions were last updated on February 3, 2009.