Effective: August 13, 2017
7 Star Dreams may discontinue or alter any aspect of the Site or the Service, remove content from the Site or the Service, restrict the time the Site is available or restrict the amount of use permitted at 7 Star Dreams’ sole discretion and without prior notice or liability. You agree that 7 Star Dreams may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Site or the Service or any part thereof. 7 Star Dreams may take such measures in its sole discretion and without liability to you or any third party.
7 Star Dreams may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the 7 Star Dreams may transfer information collected from users in connection with a sale or restructuring of 7 Star Dreams.
For certain aspects of the Site or the Services, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify 7 Star Dreams in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. 7 Star Dreams may refuse to grant a particular username to you for any reason, including, without limitation, in the event 7 Star Dreams determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
PERMITTED USER CONTENT POSTED ON THE SITE
7 Star Dreams does not endorse and has no control over the User Content. User Content is not necessarily reviewed by 7 Star Dreams prior to posting and does not necessarily reflect the opinions or policies of 7 Star Dreams. 7 Star Dreams makes no warranties, express or implied, as to such User Content or its accuracy and reliability, and assumes no responsibility for actively monitoring the Interactive Features for inappropriate User Content. 7 Star Dreams reserves the right to prevent you from submitting User Content to the Interactive Features and to edit, restrict or remove such User Content for any reason at any time. 7 Star Dreams may choose, in its sole discretion, to monitor the Interactive Features; however, 7 Star Dreams assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of any User submitting any User Content.
You should exercise discretion before relying on information contained on the Site or the Interactive Features, including User Content. You agree to evaluate, and assume all risks associated with the use of any information contained on the Site or Service, including, without limitation, any risk relating to any reliance on the accuracy, completeness or usefulness thereof.
The Site is not a backup service for storing User Content, and 7 Star Dreams has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site or the Service.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by 7 Star Dreams is not intended to be an endorsement, sponsorship or recommendation by 7 Star Dreams. Please be aware that when you exit the Site, you are subject to the policies of the new Site. You further acknowledge and agree that 7 Star Dreams shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.
You shall not (nor cause any third party to) use the Site or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:
disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
that would constitute fraud;
transmitting any material that contains software viruses, trojan horses, worms, time bombs,cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
interfering with or disrupting the Site or the Service;
disrupting the activities or enjoyment of the Site or the Service for other users; or
collecting, or storing personal data about other users.
You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content or Comments created or submitted by you.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your comments regarding the Site and the Service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) shall be and remain the exclusive property of 7 STAR DREAMS. Your submission of any such Comments shall constitute an assignment to 7 Star Dreams of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. 7 Star Dreams will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, articles, forms, product ideas, computer code or other original materials.
7 Star Dreams may allow users to place Orders for products, subscriptions and/or services via the Site or Services or through its third-party affiliate. “Order” shall mean any order placed by a user for products, subscriptions and/or services via the Site or Services that is accepted by 7 Star Dreams. In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party Site or Services make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party Site or Services. By making such purchases, you hereby agree that 7 Star Dreams has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party Sites.
Upon placing an Order, you shall pay to 7 Star Dreams the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. 7 Star Dreams or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and 7 Star Dreams reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, 7 Star Dreams will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by 7 Star Dreams and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. 7 Star Dreams does not guarantee delivery at any certain time and is not responsible for shipping delays.In the event you purchase products that embody or otherwise contain Content owned by 7 Star Dreams or other parties, you agree to the following restrictions regarding such products and the Content or other information contained or embodied therein: (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Content.
In the event you purchase subscriptions and/or services that embody or otherwise contain Subscription Content, you agree to the following restrictions regarding such Subscription Content or other information contained or embodied therein: (a) such Subscription Content (i) is the confidential information of 7 Star Dreams, (ii) you may use the Subscription Content for your personal or internal business needs only in accordance with the terms of this Agreement, (iii) you may not disclose the Subscription Content to third parties, and (iv) you will use best efforts to safeguard such Subscription Content from unauthorized use or disclosure; (b) you may not resell any Subscription Content or otherwise profit from its use or display; (c) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Subscription Content; (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Subscription Content; and (e) you will not obscure or remove any proprietary rights notices contained in or on the Subscription Content.
In the event a product ordered by you is damaged upon receipt, 7 Star Dreams, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which 7 Star Dreams will accept for return or refund include products that are missing, torn or physically damaged or inoperable. Otherwise, 7 Star Dreams cannot guarantee the quality of the products sold via the Site or Services that contain User Content or guarantee the lack of errors in such User Content (including, without limitation, misspellings and grammatical or other errors). 7 Star Dreams does not monitor or inspect User Content prior to inclusion in products sold via the Site or Services, and the user creating and/or posting such User Content bears all responsibility for such User Content.
7 Star Dreams (or its partners) may charge a fee for access to the Services and access to certain features of the Site or the Services, or other 7 Star Dreams products, services or licenses. You are responsible to 7 Star Dreams (or its partners) for any fees applicable to the Services provided by 7 Star Dreams that you purchase or that are purchased through any account created through 7 Star Dreams (or its partners) for using or accessing the Site or the Services. You authorize 7 Star Dreams (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable. Payments and purchases may not be canceled by the user, except as required by law. However, 7 Star Dreams (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
RELEASE / INDEMNIFICATION
You agree to release 7 Star Dreams, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.
You agree to defend, indemnify and hold harmless 7 Star Dreams, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or the Services or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of 7 Star Dreams or third parties by you, or (e) any negligence or willful misconduct by you.
EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY 7 STAR DREAMS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH 7 STAR DREAMS USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, 7 STAR DREAMS GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR 7 STAR DREAMS CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, 7 STAR DREAMS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY 7 STAR DREAMS CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR 7 STAR DREAMS CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR 7 STAR DREAMS CONTENT WILL MEET YOUR EXPECTATIONS. 7 STAR DREAMS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR 7 STAR DREAMS CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY 7 STAR DREAMS CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH 7 STAR DREAMS CONTENT OR MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 7 STAR DREAMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 7 STAR DREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL 7 STAR DREAMS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.9591509.1
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
CHANGES TO OUR POLICIES
This Site is operated by 7 Star Dreams. All inquiries may be directed to:
7 STAR DREAMS, LLC
4875 Farlin Avenue
St. Louis, MO 63115