TERMS AND CONDITIONS

TERMS AND CONDITIONS

(AS OF MAY 10, 2011)

Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the NOFAKESTARS.COM (Herein after referred to as the "Service", "Website", or "Site"). As used in this Agreement, the terms "Company", "we" and "us" are used interchangeably to refer to the operators of the Website (sometimes referred to as NOFAKESTARS.COM). Your agreement is required before the operators of NOFAKESTARS.COM will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the Website nor will You have permission to access the servers hosting NOFAKESTARS.COM or view, download or otherwise use any "adults-only" Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING OR VIEWING CONTENT FROM THE NOFAKESTARS.COM SITE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
NOFAKESTARS.COM reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without notice. We will post the changes to these Terms and Conditions of Use and User Agreement on the Terms and Conditions of Use page and will indicate at the top of the Terms and Conditions of Use page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.

1. PARTIES TO THIS AGREEMENT AND CONSIDERATION

1. The parties to this Agreement ("Agreement") are you ("You", sometimes referred to as a "User" of the Website), and the owners of NOFAKESTARS.COM (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the operators of the Website (sometimes referred to as NOFAKESTARS.COM). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

2. ACKNOWLEDGEMENT OF SEXUAL CONTENT

You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.

3. AGE-RESTRICTED MATERIALS AND AGE RESTRICTED ACCESS

No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.

4. AFFIRMATION THAT YOU ARE AN ADULT

YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).

5. PARENTAL CONTROL

You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding link is provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. The Company is not affiliated with them.).

6. ELIGIBILITY

Membership in NOFAKESTARS.COM is for adults only and void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and furthermore certify that:

  1. You shall not permit any unauthorized person(s) to access the Site through Your actions or omissions.
  2. You choose to access the Site voluntarily, because you want to view, read or hear the various materials, which may be available, for your own personal enjoyment, information, entertainment or education.
  3. You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
  4. In Your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.

7. AGREEMENT NOT TO ACCESS CONTENT OR THE WEBSITE FROM PROHIBITED AREAS

As a material condition to the granting of the license to You to use the Website set forth in Paragraph 8 below, You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Website or access Content provided by the Company or Affiliated Content Providers through the use the Website, directly or indirectly in geographic locations that are identified by the Company as "PROHIBITED AREAS" from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of the Content and Website. All of the following areas constitute such "PROHIBITED AREAS" from which the none of the age-restricted parts of Website, or any Content provided by Company or any Affiliated Content Providers, may be accessed, viewed, downloaded or otherwise received by You:

  1. Prohibited Access Areas In The United States. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
    PROHIBITED AREAS IN THE UNITED STATES
    (Please click on the hyperlink above to access a list of zip codes identified by their first three digits listing the prohibited areas in the United States from which You are not authorized to access or use Website or web site materials.)
  2. Other Prohibited Access Areas.
  3. All parts of the following countries: Afghanistan, Algeria, Chad, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
  4. All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Affiliated Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.

8. GRANT OF LIMITED LICENSE

You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.

9. CONSEQUENCES OF FRAUDULENT AGE OR LOCATION REPRESENTATION

You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company's copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.

10. TERMINATION OF YOUR LICENSE TO USE WEBSITE

You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.

11. ACCOUNTS & PASSWORD

You are responsible for maintaining the confidentiality of your Member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify NOFAKESTARS.COM of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.

12. IMPORTANT ACCESS AND USE RESTRICTIONS

You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider's Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers' Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider's Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including but not limited to any social network page (e.g. Facebook or Myspace), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.

13. MEMBER SUBSCRIPTIONS AND CANCELLATIONS

  1. Monthly subscription. Upon subscribing as a website NF-STAR member, You hereby authorize Company's payment processing agent (Web Transaction Services, or other authorized agent as disclosed on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic RECURRING subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be AUTOMATICALLY renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you wish to cancel your subscription no less than two (2) days prior to the end of the preceding billing period. YOU are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of Company's payment processing agent. You hereby further authorize Company's payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment made by You through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to YOUR issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render You liable to COMPANY for liquidated damages in the amount of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT COMPANY AS YOUR AUTHORIZED AGENT FOR THE LIMITED PURPOSE OF COLLECTING SAID CREDIT CARD DATA AND TRANSMITTING IT IN A SECURE OR ENCRYPTED FORMAT TO THE CREDIT CARD MERCHANT FOR THE PRODUCT SO PURCHASED ON THE JOIN FORM.
  2. To cancel your monthly subscription you must notify NOFAKESTARS.COM of your cancellation by e-mail to the support department at least Two (2) Days before the expiration date of your then current Membership term. To cancel this agreement, mail or deliver a signed and dated notice, which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice must be emailed to: help@nofakestars.com
  3. You can also check the status of your subscription or cancel your subscription at our Internet Payment Service Provider - ZOMBAIO - support.zombaio.com

14. CONTENT POSTED BY MEMBERS:

  1. NOFAKESTARS.COM claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that NOFAKESTARS.COM may delete any content, messages, photos or profiles (collectively, "Member Content") that in the sole judgment of NOFAKESTARS.COM violates the Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of NOFAKESTARS.COM or its Members.
  2. You are solely responsible for the content that you publish or display (hereinafter, "post") on the NOFAKESTARS.COM Site, or transmit to other NOFAKESTARS.COM Members through the Service.
  3. By posting content to any area of NOFAKESTARS.COM, you automatically grant, and you represent and warrant that you have the right to grant, to NOFAKESTARS.COM and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
  4. NOFAKESTARS.COM shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters", or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; non-consensual content including but not limited to sleeping, drunk, voyeur; excessive force or violence content; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  5. You agree to use the NOFAKESTARS.COM Service in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
  6. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the NOFAKESTARS.COM Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to NOFAKESTARS.COM by our users or third parties.
  7. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other NOFAKESTARS.COM Members. Although NOFAKESTARS.COM cannot, and does not, monitor the conduct of its Members off the NOFAKESTARS.COM Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
  8. Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, Members registered to other sites operated and powered by the Service, e.g. co-branded, privately labeled, etc.
  9. Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.

15. ACCEPTABLE USE POLICY FOR CONTENT POSTED ON THE WEBSITE:

  1. NOFAKESTARS.COM does not claim ownership of any Content you submit or make available for inclusion on the NOFAKESTARS.COM Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the NOFAKESTARS.COM Site, you grant NOFAKESTARS.COM the following world-wide, royalty free and non-exclusive license(s), as applicable.
  2. With respect to Content you submit or make available for inclusion on publicly accessible areas of the NOFAKESTARS.COM Site the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the NOFAKESTARS.COM Site solely for the purposes of providing and promoting the NOFAKESTARS.COM Site and Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the NOFAKESTARS.COM Site, and will terminate at the time you remove such Content or NOFAKESTARS.COM removes such Content from the NOFAKESTARS.COM Site.
  3. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the NOFAKESTARS.COM the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the NOFAKESTARS.COM Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the NOFAKESTARS.COM Site and will terminate at the time you remove such Content, or NOFAKESTARS.COM removes such Content from the NOFAKESTARS.COM Site.
  4. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the Site. You grant to NOFAKESTARS.COM the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

16. INDEMNIFICATION FOR UNAUTHORIZED USE OF CONTENT, WEBSITE OR OTHER PROPRIETARY MATERIALS

You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney's fees and all litigation and criminal defense costs.

17. YOU MAY NOT TRANSFER OR ASSIGN YOUR ACCESS RIGHTS OR OTHER PRIVILEGES

You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.

18. CODE OF CONDUCT

You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:

  1. You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
  2. You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company's rights, Website affiliate's rights or any other Website user's rights.
  3. You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.

19. AUTHORIZATION AND PERMISSION TO COMMUNICATE WITH YOU

Please read our PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to You from the Company and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and trans-sexuality.

  1. Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company.
  2. Acknowledgment of Privacy Policy. You hereby acknowledge the Company's Privacy Policy and waive any claims against the Company that arise out of in relation to any matter relating thereto.

20. USE OF THE WEBSITE TO COMMUNICATE WITH OTHER USERS, WEBSITE AFFILIATES OR WEBSITE CONTENT PROVIDERS

Except as previously stated, the Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.

  1. The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
  2. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
  3. If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
  4. Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
  5. Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
  6. You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
  7. Communications in the chat room or public areas are not private.

You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).

21. DISCLAIMER AND LIMITATION OF LIABILITY

  1. You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, the Company's affiliates, any Website Users or any other third parties.
  2. You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
  3. You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
  4. Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
  5. You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
  6. You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.

22. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEBSITE OR CONTENT ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE

You understand that neither Company, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.

23. DISCLAIMERS; NO WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR OWN RISK

You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

24. COOPERATION WITH LAW ENFORCEMENT

The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.

25. NOTICES TO COMPANY OR USER NOTICES

Notices to Company or User notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at: help@nofakestars.com.

26. ENTIRE AGREEMENT

This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the NOFAKESTARS.COM Website.

27. DISPUTE RESOLUTIONS; CHOICE OF LAW; ARBITRATION; VENUE AND JURISDICTION

You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of PANAMA. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

  1. Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of PANAMA.
  2. Arbitration. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in PANAMA, in accordance with the rules of the proper jurisdiction. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of PANAMA. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company's sole discretion shall elect the dispute to be resolved by new arbitrators.
  3. Venue and Jurisdiction. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be PANAMA. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, in PANAMA. You hereby consent and stipulate to the jurisdiction of the Courts of PANAMA.

32. MEMBER DISPUTES

NOFAKESTARS.COM does not solicit or control the information provided by any Member that may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other NOFAKESTARS.COM Members. Because NOFAKESTARS.COM is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the NOFAKESTARS.COM Site, you agree to release NOFAKESTARS.COM, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

33. AFFIRMATION OF AGREEMENT

You acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.

NOFAKESTARS CLOUD TERMS AND CONDITIONS Nofakestars (NFS) is willing to provide NFS Products or Services to you only if you accept all of the following terms and conditions, the NFS Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by NFS from time to time, all of which are incorporated herein by reference (collectively, "Terms and Conditions of Use" or "this Agreement"). 1. Definition of Terms As used in these Terms and Conditions of Use: "Backup Data" includes any data you back up through Use of the NFS Products or Services and any related data that are in the possession of NFS or NFS Affiliates. "NFS," "we," "us," or "our" (whether or not capitalized) mean NOFAKESTARS and its subsidiaries. "NFS Affiliate" means persons or entities who have provided products, licenses, or services to NFS and persons or entities with which NFS has entered into an agreement to sublicense or to provide NFS Products or Services to users. "NFS Products or Services" means data backup services, websites (including without limitation, www.nofakestars.com/cloud), all other documentation, features, tools, NFS Software, and any other products or services provided by NFS or its authorized agents, distributors, and licensees. "NFS Software" means software provided to you or for your use by NFS. "Computer" (whether or not capitalized) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion. "Days" (whether or not capitalized) means calendar days. "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual. To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.nofakestars.com/cloud or any other website you visit to register for, subscribe to, license, buy, or Use NFS Products or Services. The "Subscription Period" for any license to use NFS Products or Services begins at purchase, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed. To "Use" or "Using" NFS Products or Services means each time you visit a NFS website, register with NFS, download NFS Software, use NFS Software to encrypt or back up data, view the status of your Backup Data, store or restore Backup Data, access any Backup Data or request support. "You," "yourself", "user," and "customer" (whether or not capitalized) refer to the individual or legal entity registering for or using the NFS Products or Services. 2. Acceptance of Terms and Conditions of Use; Modification; Cancellation By registering to Use NFS Products or Services, and each time you Use a NFS Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the NFS Products or Services and thereafter, as noted in Section 6 (NFS License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use NFS Products or Services. NFS may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.nofakestars.com. If you do not agree to be bound by NFS's Terms and Conditions of Use as Published by NFS from time to time, your sole and exclusive remedy is to discontinue using NFS Products or Services. If you wish to cancel your NFS license after a change in the Terms and Conditions of Use, you must do so in writing or by email within thirty (30) days after your next Use of a NFS Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your NFS license as of your date of notice. You acknowledge and agree that if you do elect to cancel your license within this specified period after a change in the Terms and Conditions of Use, or if you cancel your license or fail to renew an expired or terminated license for any reason, NFS may delete any information that NFS has obtained through your Use of NFS Products or Services, including without limitation, your Backup Data, and NFS will not have any Backup Data available for your Use. Cancelled accounts will have all information deleted immediately upon cancelling. 3. Requirements for Registration or Use of NFS Products NFS Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. NFS does NOT offer NFS Products or Services to minors or where prohibited by law. By registering for and/or by Using NFS Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the NFS Terms and Conditions of Use and that you will Use NFS Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using NFS Products or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to NFS that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. If an individual uses NFS Products or Services that are provided by any third party including any person, entity or organization, the individual Using the NFS Products or Services, by virtue of such use, agrees that any information the individual provides to NFS (including but not limited to the individual's Backup Data and Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the NFS Products or Services to the individual. You agree to provide accurate and complete information when you register for a NFS Product or Service and you agree to keep such information accurate and complete during the entire time that you Use NFS Products or Services. We may ask you from time to time to establish a user name or password to access or Use the NFS Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password. 4. Lawful Use of NFS Products or Services You may not Use NFS Products or Services for any unlawful purpose. Without limiting the foregoing: (a) NFS Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required. (b) You may not Use NFS Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Islamic laws, or any other country to which the United States has prohibited export. Each time you Use NFS Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country; (ii) You will not download or otherwise export or re-export the NFS Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the NFS Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the NFS Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The NFS Software will not be exported, directly, or indirectly, in violation of these laws, nor will the NFS Products or Services be Used or any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use NFS Products or Services to create, store, backup, distribute, or provide access to child pornography. 5. Changes to the NFS Products or Services NFS has the right at any time to change, modify, add to, discontinue, or retire any NFS Product or Service and any aspect or feature of the NFS Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up (not every file on your computer is backed-up), the maximum disk space that will be allotted on NFS servers on your behalf either cumulatively or for any particular service, or the availability of NFS Products or Services on any particular device or communications service. NFS will provide notice of material changes to the NFS Products or Services or changes to this Agreement by posting them to www.nofakestars.com. NFS shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. From time to time, NFS may issue new releases, revisions, or enhancements to the NFS Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the NFS Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them. NFS may automatically update NFS Products or Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, NFS may, in its sole discretion, terminate your current license, continue to support your current NFS Products or Services without the automatic update, or replace your NFS Products or Services with other NFS Products or Services. If NFS terminates your current license on account of your failure or refusal to approve such fees, then NFS will refund, on a pro-rata basis based on the remaining term of the current license, provided that the most recent license renewal or original license purchase was made less than 30 days prior, any fees related to the period during which you will not have access to your NFS Products or Services. If NFS updates the NFS Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the NFS Products and Services. These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to www.nofakestars.com as provided in this Section 5. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to www.NFS.NFS may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of NFS. 6. NFS License to You; Renewals, Modifications, Limits (a) Scope of License. NFS grants you a non-exclusive, non-transferable limited and revocable license to use the NFS Software only on the computer(s) for which you have paid the applicable fees and taxes and from which you are licensed to access the NFS Products or Services, and to Use the NFS Products or Services for the sole and exclusive purposes of connecting to and Using the NFS Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the NFS Products or Services. You may Use a license for the NFS Products or Services with only one computer at a time unless the NFS Products or Services you Use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have (including such variables as whether the license permits use of NFS Products or Services on more than one computer, whether the licenses fees are based on the number of computers, volume of data, or both, and the length of the Subscription Periods, etc.) is set forth as part of the NFS Product or Service description available at www.nofakestars.com. Should your license for the NFS Product or Services you Use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which NFS Software was originally used. If you wish to protect multiple computers, you must obtain a separate paid license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may not sub-license, or charge others to Use or access the NFS Products or Services and you may not redistribute the NFS Products or Services or provide others with access to or Use of them, unless you have entered into a separate Reseller Agreement or other agreement with NFS that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the NFS Products or Services to access or decrypt data stored on servers provided by NFS or NFS Affiliates; you will not Use or permit others to Use the NFS Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the NFS Products or Services to provide encryption or decryption services to others, whether or not such services are compensated. (b) Trial Licenses. You may have received as part of your NFS license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, NFS will not add this additional time to your license or trial at a later date. If you received a free trial or evaluation license for which you have not paid a license fee, NFS grants to you a non-exclusive, non-transferable limited license to Use the NFS Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. If you wish to protect multiple computers with a free trial or evaluation license, you must obtain a separate license for each computer or you must obtain a multi-computer license which will be applicable to the number of computers stated in such license. You may only install one free trial or evaluation license in each calendar year per computer. (c) Renewals. You agree that NFS shall have the right to automatically and without notice renew your license to continue to Use the NFS Products or Services upon expiration of your then-current license, and that as part of such renewal NFS shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for NFS Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit NFS the right to automatically renew your license to Use NFS Products or Services or your credit card information on file with NFS does not permit automatic renewal, then NFS may terminate your license if you do not otherwise renew your license. First month discount promotions. If you received a discount promotion on your initial months sign up, you agree that NOFAKESTARS shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance. (d) Cancellation of Renewals. You may cancel a renewal of a license only on the following terms: You may not Use NFS Products or Services for any unlawful purpose. If your most recent original or renewal license of NFS Products or Services was for a period of greater than thirty (30) days, you have thirty (30) days from the date that your license was last renewed to elect to discontinue your Use of NFS Products or Services. If you elect to discontinue your Use of NFS Products or Services within this period, you will be issued a full refund for the amount of your license renewal. If your most recent original or renewal license of NFS Products or Services was for a period of greater than 30 days, and you beyond your original or renewal 30 days of that period, you shall will not be entitled to a refund. In addition all sales are final and not subject to a refund for the following products multiple computer extra, priority support, additional support, increased bandwidth and other additional products that may be offered from time to time by NFS. That do not fall within the initial package purchased by you. All extras concerned are one time purchases for the period you selected and will not be eligible for a refund. in addition all sales are final and not subject to a refund for the following products: Should you fail to pay amounts invoiced and due within fifteen (15) days of being invoiced, or should your payment be otherwise rejected or denied, then NFS may at its sole discretion begin collection proceedings to recover any and all amounts due. Should NFS elect to refer your past due obligations for collection proceedings you will also become responsible for any costs associated with said collections and shall pay NFS the greater of the then permissible interest rate on the past due balance or 1.5er month calculated and due on a monthly basis. You are responsible for ensuring that NFS has current and accurate records necessary, to renew your license, including without limitation, credit card data. (f) Updates. NFS may in its sole discretion provide automatic updates to the NFS Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by NFS may vary depending on your computer and other equipment. You agree that we may automatically check your version of the NFS Software and automatically update the NFS Software (if such has been installed) on your computer. You agree to accept and to take no action to interfere with such automatic updates, scanning, and related activities and services. If you shut down your computer or the NFS Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate. (g) Refunds. By purchasing a license, you acknowledge that you are aware of the opportunity to "try before you buy" by using a free or evaluation NOFAKESTARS Product or Service. NOFAKESTARS offers a pro-rated 30-day money back guarantee for NOFAKESTARS Products or Services. (h) Chargebacks: Please do not attempt a chargeback. We will make every effort to assist you, please contact admin@nofakestars.com (i) Duration of Agreement. You agree that you shall be bound by these Terms & Conditions of Use beginning on the earlier of when you first install NFS Products or Services or when you first agree to the NFS Terms and Conditions of Use until the later of the dates when (i) your license and any renewal thereof terminates, ii) your Backup Data is deleted, or iii) you have your last contact with NFS for customer support. (j) VAT VAT (Value Added Tax) is a tax on consumer spending within the territory of European Member (E.U.) State. VAT is included in prices displayed on NFS site. Who may be charged VAT NFS is required to comply with the European VAT (Value Added Tax) regulations and charge VAT to customers located in the E.U. Customers categorized as Business users in the E.U. may be required to self-account for VAT under EC Directive 2006/112, Art 196, using the reverse charge mechanism. NOTE: If your account accrued charges BEFORE you supplied the necessary information to NFS, VAT will be charged on all purchases prior to the change. If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information. (k) Exchange Rates The prices quoted on the full website are United Stated Dollars ($) only. If you purchase with a currency outside of the stated you will be billed in United States Dollars and we (NFS), are not responsible for the exchange rate on the day of purchase and you are advised that changes to your purchase or refunds may be affected by such exchange rate. We are not liable for the difference due to the changing exchange rate. 7. Assignment and Delegation by NFS NFS may, in its sole discretion, transfer or assign all or any part of its rights in the NFS Software, the NFS Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such NFS Products or Services, licenses, or other contracts. 8. No Transfers or Modifications by You You may not sell, assign, grant a security interest in or otherwise transfer any right in the NFS Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the NFS Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the NFS Software or decrypt any files that are not associated with your computer. You may not modify the NFS Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the NFS Products. You may not authorize or assist any third party to do any of the foregoing. 9. Protection of Files You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the NFS Products or Services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable. 10. Retention or Deletion of Backup Data and Personal Information NFS Software saves to a server operated by NFS or a NFS Affiliate a copy of each file you designate. The NFS Software scans for changes or additions to these files and then periodically creates a copy of a modified or newly designated file. You will not be able to restore files that NFS has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. NFS does not maintain a secondary copy of your data that you have Backed Up to our servers. Should your data be lost by NFS we will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer. If your license to Use NFS Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, NFS and the NFS Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in our possession or control. You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your NFS Products or Services account, v) your computer is unable to access NFS, or vi) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them. You agree that NFS and NFS Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of NFS's marketing to you of the opportunity to purchase, renew, or extend a license. You also agree that NFS may retain your Personal Information and related account information for a reasonable time after your license has been terminated. 11. Customer Support NFS may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, NFS may employ a variety of tools to aid in the process of resolving your issues as a user. You grant NFS the right to use these tools and hold NFS harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the NFS Products or Services, your computer, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain license keys that NFS may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your NFS Products or Services and that NFS has no obligation to assist, and may not be able to assist, you with such configurations. 12. Restrictions on Access to NFS Products or Service You may access NFS Products or Services only through the interfaces and protocols provided or authorized by NFS. You agree that you will not access NFS Products through unauthorized means, such as unlicensed software clients. Certain NFS Products or Services backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information. 13. Communications You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use NFS Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access NFS Products or Services. 14. Termination and Fair Use Policy NFS SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF NFS PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY NFS TO BE USING THE NFS PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY NFS OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER'S ACCOUNT WITH NFS AND THE LICENSE TO USE THE NFS PRODUCTS OR SERVICES. NFS Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a NFS Product or Service that is inappropriate for your actual usage, NFS may require you to switch to an appropriate NFS Product or Service which may result in your having to pay NFS additional fees for use of the appropriate product or to terminate your purchased NFS Products or Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your NFS subscription, provided that the most recent license renewal or original license purchase was made less than 30 days prior. NFS may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of NFS Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of NFS Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of NFS's customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or NFS Product or Service that will permit you to continue to use NFS Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to Use NFS Products or Services and any license to use the NFS Software, without prior notice in the event of a violation of this policy. If NFS believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, NFS we will allow the user 30 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 30days before account deletion, 2nd notice will be send 20days before account deletion and the 3rd final notice will be sent 2days before account deletion. All communications will be sent to the email address attached to the users account. 15. Data Collection, Encryption, Privacy, and Disclosure NFS will collect and use Personal Information in accord with the terms of our NFS Privacy Policy , which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to NFS's use of your Personal Information under the terms of the NFS Privacy Policy, as it may be amended from time to time. NFS may provide access to your data to government authorities if NFS suspects or believes that the data contains child pornography or other prohibited data or that the data is being used for illegal purposes. You acknowledge that NFS or NFS Affiliates may use servers and other equipment to provide the NFS Products or Services that are located in the United States or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your Backup Data as provided by applicable local law. You may elect to Use NFS Products or Service that permit you to download Backup Data from any Internet enabled computer. You understand that by electing to access your files from a computer other than the one you used to create the Backup Data that your Backup Data will be sent to you in a free format via public infrastructure. You acknowledge that this may cause the contents of these files to become accessible to individuals other than you and that you accept this risk. You further acknowledge that depending upon the NFS Product or Service you use or the features of the NFS Product or Service you use, accessing your Backup Data from any Internet enabled computer may not be possible. 16. Warranties (a) WARRANTY. NFS warrants that the NFS Products or Services will perform substantially as specified in the applicable NFS documentation for a period of thirty (30) days from the date of registration or payment. If you satisfactorily demonstrate to NFS within such thirty (30) day period that a NFS Product or Service contains errors, then as NFS's sole and exclusive liability and as your sole and exclusive remedy, NFS shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the NFS Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the NFS Product or Service and terminate your license under the Terms and Conditions of Use. NFS does not warrant the results of its correction or replacement NFS Products or Services. Correction or replacement under this Section 16 (Warranties), and the issuance of any corrections, patches, bug fixes, workarounds, extras, enhancements, or updates by NFS to you, shall not be deemed to begin a new, extended, or additional license, Subscription Period, or warranty period. (b) DISCLAIMER OF OTHER WARRANTIES. l THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NFS and the NFS Affiliates do not warrant that the functions contained in the NFS Products or Services will meet your requirements, that the operation of the NFS Products or Services will be uninterrupted or error-free, or that defects in the NFS Products or Services will be corrected. NFS and NFS Affiliates do not warrant or make any representations regarding the use or the results of the use of the NFS Products or Services in terms of their correctness, accuracy, reliability or otherwise. NFS and NFS Affiliates do not represent or warrant that users will be able to access or use the NFS Products or Services at times or locations of their choosing, or that NFS and NFS Affiliates will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by NFS, NFS Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section 16 (Warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period. 17. Limitation of Liability With respect to defects or deficiencies in the NFS Products or Services, the liability of NFS and NFS Affiliates will be limited to performance of its responsibilities under Section 16 (Warranties) above. With respect to other breaches of contract, the liability of NFS and NFS Affiliates shall be limited to your actual damages with respect to the computer affected by the breach, and in no event will such liability exceed the total amount received by NFS from you under these Terms and Conditions of Use for your current Subscription Period. IN NO EVENT WILL NFS, THE NFS CONTRACTORS, NFS DISTRIBUTORS OR NFS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE NFS PRODUCTS OR SERVICES OR TO USE OR RETRIEVE ANY BACKUP DATA, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF NFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. Neither NFS nor any NFS Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the NFS Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between NFS and you. NFS would not be able to provide the NFS Products or Services to you without such imitations. 18. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NFS, NFS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE NFS PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE. Should you bear financial responsibility for payment to NFS for NFS Products or Services or have otherwise made payment for NFS Products or Services, you agree to indemnify any Users of NFS Products or Services that you have paid for with respect to any and all matters. If you are a beneficiary of another party having paid for said NFS Products or Services, whether or not the paying party(s) is a user of NFS Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to NFS for NFS Products and Services. NFS RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR NFS IN THAT MATTER. If NFS chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of NFS and NFS Affiliates, at your own expense, to the full extent requested by NFS. 19. Trademarks, Service Marks, and Other Intellectual Property All trademarks, service marks or other similar items appearing on the NFS Products or Service are the property of their respective owners, including, without limitation, NFS, Inc. The NFS Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the NFS Products or Services and shall remain with NFS and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with NFS's or its licensor's ownership of or rights with respect to the NFS Products or Services. 20. U.S. Government Restricted Right The NFS Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the NFS Software with only those rights set forth therein. 21. High Risk Activity You acknowledge and agree that the NFS Products or Services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that NFS makes no warranty and shall have no liability arising from any Use of the NFS Products or Services in any high risk or strict liability activities. 22. Dispute Resolution, Arbitration, Governing Law, and Venue (a) Arbitration of Domestic (U.S.) Disputes. All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator pursuant to the commercial arbitration rules of Resolute Systems, Inc. that were in force as of April 30, 2008. Evidentiary hearings and any other proceedings requiring personal attendance of parties or their representatives or witnesses shall be conducted in any U.S. city reasonably designated by the Licensee in the case of individual Licensees who procured the NFS Products or Services provided for by this Agreement primarily for non-commercial personal, family, or household purposes ("Consumer Licensees"), and in Akron, OH or such other place within the United States as the arbitrator may direct in the case of all other Licensees ("Commercial Licensees"). (b) Arbitration of International Disputes. Notwithstanding the provisions of Subsection 22(a) (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between NFS and a person who is neither a citizen nor a resident of the United States, shall, at either party's request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in Singapore or such other place as the parties to such arbitration may agree. (c) Exceptions to Agreement to Arbitrate. Notwithstanding the provisions of Subsections 22(a) (Arbitration of Domestic Disputes) and 22(b) (Arbitration of International Disputes), disputes pertaining to i) export controls, ii) unlawful Use of the NFS Products or Services, or iii) the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Backup Data, shall not be resolved by arbitration, but shall instead by resolved by reference to a judicial or administrative body with jurisdiction over the dispute. (d) Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration, whether domestic or international, shall be split equally between the parties; provided that, in cases involving Consumer Licensees, the Consumer Licensee shall not be required to bear such expenses, fees, and charges in excess of One Thousand U.S. Dollars ($1,000), and NFS shall bear the remainder of such expenses, fees, and charges. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section 18 (Indemnification). (e) Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as is appropriate in the judgment of the arbitrator, in light of the nature and objectives of arbitration and to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses. (f) Class Actions. Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations hereunder involving either Consumer Licensees or Commercial Licensees or both. (g) Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgments have res judicata (claim preclusion) or collateral estoppel (issue preclusion) effects except as between the parties themselves. All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the Commonwealth of Ohio, USA, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. 23. Termination, Expiration, Cancellation (a) Trial and Evaluation Licenses. If this Agreement pertains to a trial, beta, or evaluation license (such as a license that provides a limited amount or an unlimited amount of back-up for free, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these Terms and Conditions of Use will terminate upon the expiration or cancellation of the trial or evaluation period, when the NFS Product or Service you are using is no longer made available, six (6) months from the date you first installed the NFS Product and Service, or when NFS cancels or terminates the license, whichever is shorter. You agree to Use the NFS Products or Services for no longer than the trial or evaluation period unless you enter into another license and pay a license fee and associated taxes as applicable, or NFS allows your license to roll over for another six (6) month period which NFS may elect to do at its sole discretion and without notice to you. (b) All Other Licenses; Limited Term. Your license will end upon the sooner to occur of (i) expiration of your Subscription Period, (ii) upon your non-renewal of the license, (iii) upon your cancellation of the license, (iv) when NFS elects to discontinue the product, (v) upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 23 (Termination, Expiration, Cancellation), or (vi) when NFS cancels or terminates your license, (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination"). (c) Termination for Unlawful or Abusive Use, Other Breach. NFS may block your access to your Backup Data and/or terminate your Use of the NFS Products or Services if NFS reasonably believes that the Backup Data may contain child pornography or is being used to support other types of illegal activities, if providing NFS Products or Services to a person located in a particular country would violate U.S. or other applicable law, or if your continued Use of NFS Products or Services may damage, disable, overburden, or impair our servers or networks. If you breach these Terms and Conditions of Use, your right to Use the NFS Products or Services shall automatically terminate if you fail to cure the breach within fifteen (15) days after notice from NFS or any of the NFS Affiliates, unless your breach is due to violations of Section 4 (Lawful Use), Section 8 (No Transfers or Modifications by You), Section 18 (Indemnification), Section 19 (Trademarks), Section 20 (U.S. Government Restrictions), in which case termination will be without notice and without any right to cure. Upon termination: i) you shall immediately cease any and all Use of the NFS Products or Services and delete all copies of them; ii) the NFS Software may be disabled by NFS without notice to you; and iii) you will no longer have the right to access or retrieve your Backup Data; you hereby grant NFS at its sole discretion the unrestricted right to delete or retain all such Personal Information and Backup Data at any time after termination, without notice. 24. Survival In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 4 (Lawful Use), Section 6 (NFS License), Section 8 (No Transfers or Modifications by You), Section 16 (Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification),Section 19 (Trademarks, Service Marks, and Other Intellectual Property), Section 20 (U.S. Government Restricted Right), Section 21 (High Risk Activity), Section 22 (Dispute Resolution, Governing Law, Venue), Section 24 (Survival), Section 25 (Notice), Section 28 (Limitation on Actions), Section 30 (Miscellaneous) and Section 31 (Severability) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms. 25. Notice Any notice that may or must be given by NFS in connection with this Agreement or in connection with the Use of the NFS Products or Services, may be given by sending it to the email address provided by you upon registering for the NFS Products or Services or as you may provide from time to time thereafter by modifying your user profile at www.nofakestars.com . You are responsible for ensuring that your accurate email address is available to NFS and provide any needed updates. NFS may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, NFS has no obligation to provide notice or attempt to locate a customer other than through the email address provided. 26. English Language These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. 27. Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between NFS and you regarding NFS Products or Services, and supersedes all prior agreements between you and NFS regarding the subject matters hereof. Any item or service furnished by NFS in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of NFS. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply. 28. Limitation on Actions Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues. 29. Copyright Infringement Notification As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by NFS: support@nofakestars.com. If you believe content hosted by NFS infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512): (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 30. Miscellaneous You agree to reimburse NFS for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by NFS. NFS is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by email, orally, by registering such person with NFS, by granting such person access to your username and password or by having your computer registered for NFS Products or Services where another party is paying for the backup of your files) to have access to your Backup Data, you hereby authorize NFS to give such designated person access to your Backup Data, including without limitation in the event of your death or incapacity. 31. Severability This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect. 32. No Waiver The Company reserves its right to take all legal steps available to enforce these Terms and Conditions of Use. The Company's failure to enforce these Terms and Conditions of Use in every instance in which they might apply, or the failure to require at any time performance of any provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions or of the Company's rights to enforce such provisions. No waiver of any provisions of this or any other Agreement with the Company shall be effective unless expressly stated to be such in writing and signed by both parties. 33. Billing Process Some licenses for NFS Products or Services are based on the number of computers registered, the volume of storage used, or both, as well as for ancillary or related services. Where your license fees are based in full or in part upon the amount of storage you use, your bill for NFS Products or Services will be based upon the greater of the storage amount shown on your computer or the storage amount maintained by NFS, excluding the benefits of any data compression, file duplication or similar techniques performed by NFS. The calculation of a storage bill will be based upon the price(s) for the NFS Products or Service licensed and may be based upon the average storage used during the Subscription Period, the storage as of the end of the Subscription Period, or another storage measure taken during the Subscription Period, depending on which services you have selected at the time of registration or renewal. Should NFS bill you for your NFS Product or Service on a monthly or periodic basis you agree that NFS will bill you exclusively in full month or periodic increments and that there will be no billing for partial months or periods for any reason. Any amounts billed are fully due and payable at the time the bill is rendered to you. 34. Billing Issues You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at the NFS Contact Information indicated in Section 35 (NFS Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies. All other issues may be addressed to our Internet Payment Service Provided – www.zombaio.com 35. Managing Your NFS Product or Service You acknowledge and agree that where NFS licenses NFS Products or Services to an entity or organization, or where an entity or organization makes the NFS Products or Services available to you, the entity or organization so licensed or giving you access may grant multiple individuals rights related to the management and Use of the NFS Products or Services and the Backup Data, without any notice to you. These rights may enable one or more persons to: view, access or change Backup Data or Personal Information; determine who can access the account, Backup Data, and Personal Information; determine who is responsible financially for the account; and other similar actions. 36. NFS Contact information If you have any questions or comments, please contact us at support@nofakestars.com.
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