TERMS of USE

Last updated: January 10, 2012

IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your ("User" or "You") use of the StarProg web site (the "Web Site") provided by StarProg LLC, a Washington limited liability company (the "Company" or "We" or "Us"). These Terms and Conditions are subject to change by the Company at any time at its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: January 10, 2012

PLEASE READ THE FOLLOWING TERMS and SUPPLEMENTAL TERMS CAREFULLY. YOUR USE OF STARPROG.COM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

Scope of Terms and Conditions: These Terms and Conditions are a contract between you and the Company. These Terms and Conditions apply to any Company products or services that you access through the Web Site, including any games you access and play through the Web Site. PLEASE NOTE THAT WE DO NOT PROVIDE WARRANTIES FOR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEB SITE. THIS CONTRACT ALSO LIMITS THE COMPANY'S LIABILITY. THESE TERMS ARE DESCRIBED IN MORE DETAIL WITHIN THIS SECTION; YOU SHOULD REVIEW CAREFULLY AND IN ITS ENTIRETY BEFORE USING THE WEB SITE.

Eligibility: The services and products offered through the Web Site, including any games and related benefits, may be used only by Users who are at least 13 years of age or older. Eligibility to play any game does not automatically confer eligibility to win related prizes. The Company's prize advertisers or sponsors may, in their sole discretion, place restrictions or limitations on the eligibility of Users to receive prizes that such Users win in accordance with applicable law. The Company will attempt to state that "restrictions apply" on the Web Site where applicable when prize award restrictions or limitations apply. Notwithstanding the foregoing, the Company prohibits discrimination by its employees, agents, advertisers, and sponsors on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or associational preference.

Employees, agents, and owners of the Company or any game advertiser or sponsor and any family member or household member of such employees, agents, and owners are not eligible to play any game (with the exception of testing the website for game and website functionality and usage) or win any prize awarded for any game. In addition, a person and his or her family members, household members, or close acquaintances who by way of his or her position is associated with any organization or entity that could possibly affect the outcome of any event (as explained in the StarProg Game Description) may not participate in the game with respect to that particular event but may participate in the game with respect to unrelated events.

Permitted Use: User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) co-brand the Web Site or any portion thereof or (ii) frame the Web Site or any portion thereof (whereby the Web Site or any portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized co-branding, framing or linking to immediately cease.

How You May Use the Web Site. In using the Web Site, You must:

  • obey all applicable laws;
  • obey any codes of conduct, policies, or other notices We provide;
  • keep your User account information secret; and
  • promptly notify Us if You learn of a security breach related to the Web Site.

How You May Not Use the Web Site. In using the Web Site, You may not:

  • use the Web Site in a way that harms Us or our affiliates, sponsors, distributors, customer, or vendors;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any automated process or service to access or use the Web Site (such as a BOT, a spider, periodic caching of information stored by the Company, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Web Site's traffic;
  • damage, disable, overburden, or impair the Web Site (or the network(s) connected to the Web Site) or interfere with anyone's use and enjoyment of the Web Site; or
  • resell or redistribute the Web Site or any part of the Web Site.

The Company may terminate your use of, or access to, the Web Site at any time without notice if the Company decides at its sole discretion that You have breached these Terms and Conditions, any code of conduct or policy of the Company, or any applicable law.

Proprietary Information: User acknowledges and agrees that the Content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish, or distribute such Content to any third party without the express written consent of the Company or the applicable content provider, except that User may print out a copy of the Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

Disclaimer: User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. The Company has no control over and accepts no responsibility whatsoever for such materials.

User understands that, except for information, products, or services clearly identified as being supplied by the Company, the Company does not operate, control, or endorse any information, products, or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy such User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.

The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. THE COMPANY PROVIDES THE WEB SITE "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE WEB SITE.

All services and products offered through the Web Site, including any games and any related benefits, are offered at the discretion of the Company, and the Company has the right to modify or discontinue, temporarily or permanently, any game, whether in whole or in part for any reason, with or without notice to You. You agree that the Company will not be liable to you or to any third party for any modifications or discontinuance of any services or products offered through the Web Site.

Limitation on Liability: The Company, its Licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.

Indemnity: User will indemnify and hold the Company, its Licensors, content providers, service providers, employees, agents, members, managers, officers, and directors (the "Indemnified Parties") harmless from and against all the liabilities, claims, damages, and expenses (including reasonable attorney fees and costs) arising out of User's use of the Web Site, User's failure to use the Web Site, User's breach or alleged breach of these Terms and Conditions, and User's breach or alleged breach of the copyright, trademark, proprietary, or other rights of third parties. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use and agrees to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney fees of the Indemnified Parties in connection therewith.

Online Content: Information posted on forums, bulletin boards, Chat Rooms or similar portions of the Web Site is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not post any of the following material in any Forum:

  • material that threatens or abuses others, that is defamatory or libelous, or that is invasive of another's privacy;
  • material for which User does not have the right to post, including the proprietary material of any third party;
  • material that advocates illegal activity or discusses an intent to commit an illegal act;
  • material for advertising or commercial solicitation;
  • material that is vulgar, obscene, pornographic, or indecent; or
  • material that does not pertain directly to the subject matter of the particular Forum.

The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of their postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.

Further, User hereby grants to the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or information posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media, or technology now known or later developed.

Changes to the Web Site: We may change the service or delete features at any time and for any reason. * *We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.

Linked Sites and Advertising: The Web Site may provide links or pointers to other web sites. If the Web Site contains such links or pointers, the Company hereby disclaims any representation, express or implied that the Company is connected with, operates, or controls these web sites. The Company is not responsible for the content or practices of third-party web sites that may be linked to the Web Site and makes no representation or warranty regarding such web sites or their content. The Web Site also may be linked to other web sites operated by companies affiliated or connected with the Company. User will use each web site subject to the terms and conditions that apply to that web site.

Privacy: We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of StarProg, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the Web Site and our services, protect our customers, or stop you from breaching these Terms and Conditions. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Web Site or our services.

In order to provide you the Web Site and our services, We may collect certain information about the Web Site's or our services' performance, your machine, and your service use. We may automatically upload this information from your machine. This data will not personally identify you.

Miscellaneous:

Headings: The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify, or interpret the contents of any section hereof.

Assignment: The Company may assign these Terms and Conditions, in whole or in part, at any time with or without notice to User. User may not assign these Terms and Conditions, in whole or in part, to any other person, and any attempt by User to do so is void.

Severability: If any section or provision of these Terms and Conditions is held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction or arbitration tribunal, such section or provision of these Terms and Conditions shall be deemed severed from these Terms and Conditions, and the validity of the remainder of these Terms and Conditions shall not be affected thereby.

Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Washington applicable to contracts made and to be enforced wholly within such state.

Submission to Jurisdiction: User hereby specifically consents to jurisdiction in the state of Washington in connection with any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter hereof.

Venue: User hereby agrees that venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter hereof may be had in the District Court for the Western District of Washington or in the state courts of the state of Washington sitting in Clark County, Washington.

Limitation Period for Claims: ANY CLAIM RELATED TO THESE TERMS AND CONDITIONS OR THE WEB SITE MAY NOT BE BROUGHT UNLESS BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF THE IS NOT FILED WITHIN ONE YEAR, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO USER AND USER'S SUCCESSORS.

Notices: (a) Notices You Send to Us. All notices or other written communications required or permitted under these Terms and Conditions must be given to Us in writing by courier or reputable overnight delivery services, or by certified mail, return-receipt requested to at the address set forth below:

StarProg LLC 
24116 NE Worthington Road
Yacolt, Washington 98675-4804

The Company does not accept e-mail notices.

(b) Notices We Send to You. We may send you notices required by applicable law and these Terms and Conditions to the e-mail address associated with your User account. Notices provided to You via e-mail will be deemed given and received on the transmission date of the e-mail.

(c) Notices and Procedure for Making Claims of Copyright Infringement. Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be in writing and submitted to the Company's designated agent as follows:

David E.B. Ward 
24116 N.E. Worthington Rd.
Yacolt, Washington 98675 
E-mail: davidward@starprog.com

To be effective, the notice of copyright infringement must be in writing and contain the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining part may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Waiver: The waiver by the Company of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances.

Complete Agreement: These Terms and Conditions contain the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications, and promises of any kind, whether oral or written, between such parties with respect to such subject matter.

Liability Limitations:

While StarProg does its best to ensure the optimal performance of the site, you agree in the StarProg Registration process that you use this Site and rely on material contained in this Site at your own risk and that neither StarProg LLC nor any of StarProg's advertiser/sponsors or agencies will be held responsible for illegible, lost, late, damaged, incomplete, unintelligible, misdirected or stolen e-mail; or for lost, interrupted or unavailable network, server, satellite, Internet Service provider(ISP), Web site, telephone, or other connections, availability or accessibility; or for miscommunications, failed computer, telephone, satellite, or cable transmissions, lines, or technical failure; or for jumbled, scrambled, delayed or misdirected, transmissions, computer hardware or software malfunctions, failures, or difficulties;, or for any other errors of any kind, whether human, mechanical, electronic or network; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. Neither StarProg nor any of its advertiser/sponsors or agencies are responsible for injury or damage to participants' or any other person's computer related to or resulting from participating in StarProg, the game, or downloading materials from or use of the Web site. Should any portion of the StarProg Game, in the sole opinion of the StarProg LLC Game Administrator, be compromised by virus, worms, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play, or submission of entries, StarProg reserves the right at its sole discretion to suspend or terminate any portion or all of a StarProg Round and take action as deemed fair and appropriate. StarProg is not responsible for any incorrect or inaccurate information, whether caused by site user, tampering, hacking, or by any equipment or programming associated with or utilized in the StarProg Game or Prize and Points rewards programs, and assumes no responsibility for any error, interruption, deletion" defect, delay in operation, or transmission, communications line failure, technical failure, theft or destruction, or unauthorized use to the Web site. In the event of a dispute regarding prize claims or entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of registration will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.

Access and Use: All materials contained in this Site are protected by International trademark and copyright. You may only view and download such material intended for your personal non-commercial use and must keep all copyright and other proprietary notices attached to the downloaded material. You must receive prior written consent from StarProg LLC unless it is expressly permitted by the Official rules for this Site, to reproduce, duplicate, distribute, publicize, copy or transmit material from this Site whether by electronic (including but not limited to e-mail and facsimile) or other means. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this site can be made by contacting StarProg, in writing, at StarProg LLC, Business & Legal Affairs, 24116 N.E. Worthington Rd. Yacolt, WA. 98675

Content Posted on the Site: You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging", or engaging in any form of communication in connection with this Site) (collectively "Content") to bulletin boards, chat rooms or other public areas within, or in connection with this Site (collectively "Forums"). You are solely responsible for such Content. StarProg accepts no responsibility whatsoever in connection with or arising from such Content. StarProg does not endorse and has no control over the Content submitted by other to Forums. Content submitted to Forums is not necessarily reviewed by StarProg prior to posting and does not necessarily reflect the opinions or policies of StarProg. StarProg makes no warranties, expressed or implied, as to such Content or its accuracy and reliability. Nonetheless, StarProg reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. StarProg may remove any form of cursing contained in the Content with a StarProg swear filter application if and to the extent you do not otherwise opt out of such filter.

StarProg assumes no responsibility for actively monitoring Forums for appropriate Content. If at any time StarProg chooses in its sole discretion to monitor the Forums, StarProg nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that StarProg accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person. You agree to release StarProg, its parents and affiliates together with their respective employees, agents, officers, directors and shareholder, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums your remedy is to cease using them.

Please refer to the "Rules of Discussion" for additional explanation regarding the posting of Content to Forums.

Proprietary Rights in Content Posted on the Site:

General: You agree that any content whatsoever posted by you to the public areas of the Site (excluding blogs) becomes the property of Star Prog and may be used, copied sublicensed, adapted transmitted, translated, distributed, publicly performed, displayed or deleted as StarProg sees fit. You represent and warrant that (i) you own the Content posted by you on the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the site.

Blogs: By posting any content to the Blog areas of the Site, you hereby grant to Star Prog the non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify, and translate such Content. This license will terminate at the time you remove such Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you to the blog areas of the Site may remain on the Star Prog servers after you have removed such Content from the Site, and Star Prog retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you to the blog areas of the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content to the blog area of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the blog areas of the Site.

Prohibited Content and /or Activity: You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Star Prog reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:

  1. Is obscene, patently offensive, or promotes racism, bigotry and hatred or physical harm of any kind against any group or individual;
  2. Harasses or advocates harassment of another person;
  3. Contains nudity, violence, or offensive subject matter;
  4. Involves the transmission of "junk mail" or "chain letters: or unsolicited mass mailing;
  5. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. Exploits people in a sexual or violent manner;
  7. Solicits personal information from anyone under 18;
  8. Provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Contestant/Member profile;
  9. Violates the copyright, trademark or other intellectual property rights of any other person;
  10. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons and drugs, violating someone's privacy , or providing, or creating computer viruses;
  11. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
  12. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter advertising, or pyramid schemes.

The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Star Prog reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Advertising to or solicitation of any Contestant/Member to buy or sell any products or services through the Site that is not expressly contracted through StarProg. You may not transmit any chain letters or junk email to other Contestants/Members. Although StarProg cannot monitor the conduct of its Contestants/Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Contestant/Member without their prior explicit consent. In order to protect our Contestants/Members from such advertising or solicitation, StarProg reserves the right to restrict the number of emails which a Contestant/Member may send to other Contestants/Members in any 24-hour period to a number which StarProg deems appropriate in its sole discretion;

Any automated use of the system;

Attempting to impersonate another User or person;

Using the account, username, or password of another Contestant/Member at any time or disclosing your password to any third party or permitting any third part to access your account;

Selling or otherwise transferring your profile;

Covering or obscuring the banner advertisements on Forums, or any StarProg page via HTML/CSS or any other means; or

Interfering with, disrupting, or creating an undue burden on the or the networks or services connected to the Site.

Unsolicited Submissions: StarProg does not knowingly accept unsolicited submissions including, without limitation, submission of suggestions for StarProg game elements and prize offerings, scripts, story lines, articles, fan fiction, characters, drawings, information, ideas or concepts. StarProg's policy is to simply delete any such submission without reading it or forwarding it to other StarProg staff. Therefore any similarity between an unsolicited submission and any elements in any StarProg creative work including, without limitation, a film, series, story, title or game concept would be purely coincidental.

If unsolicited submissions are sent to StarProg via this Site, however, these submissions become the property of StarProg and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as StarProg sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever ant that by sending an unsolicited submission you waive the right to make any claim against StarProg, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other:

Employment Opportunities: StarProg may, from time to time, post StarProg employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to StarProg in response to employment listings, you are authorizing StarProg to utilize this information for lawful and legitimate hiring and employment purposes. StarProg also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by StarProg to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that StarProg will review any or all of the information submitted to it by users.

Linked Sites and Advertising: If StarProg has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that StarProg is connected with, operates, or controls these web sites.

StarProg is not responsible for the content or practices of third party web sites that may be linked to this site and makes no representation or warranty regarding such web sites or their content. This Site may also be linked to other web sites operated by companies affiliated or connected with StarProg. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

StarProg takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Indemnity: You agree to defend, indemnify and hold harmless StarProg, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination: Star Prog reserves the right to immediately terminate your use of, or access to, this Site at any time if StarProg decides at its sole discretion that you have breached this Agreement, StarProg Official Rules, Terms and Conditions or any relevant law, rule or regulation or you have engaged in conduct that StarProg considers to be inappropriate or unacceptable.

Copyright Infringement: If you believe that any material contained in this Site infringes your copyright, you should notify StarProg of your copyright infringement claim in accordance with following procedure.

Star Prog will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is :

Mr. David E. B. Ward StarProg LLC 24116 N.E. Worthington Rd. Yacolt, WA 98675-4804

e-mail: davidward@starprog.com To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. � 5129c) (3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonable sufficient to permit the service provider to locate the material;
  4. Information reasonable sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining part may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of Washington without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Washington or if appropriate, the United States District Court for the Western District of Washington for resolution of any dispute, action, or proceeding arising in connection with this agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.