By using this site, you agree that you are NOT an incarcerated felon,
or a convicted felon due to murder,
sexual crimes or abuse. If you are, please do
not use this website. If you commit fraud by misrepresenting yourself in your profile,
we have full rights to prosecute. Title 18, Section 1343 of the U.S. Code authorizes jail sentences up to 20 years
and fines up to $1,000,000 if you are found guilty of "false or fraudulent
pretenses, representations, or promises."
Please also see our
PRIVACY POLICY
for how we protect your confidentiality.
Welcome to our web site.
By creating a membership on this web site
(the "Web Site"), you agree to abide by the following Terms of Use:
This page states the "Terms of Use" under which you may
use the "Web Site".
Please read this page carefully.
If you do not accept the Terms of Use stated here,
do not use this web site and service.
By using this web site, you are indicating your acceptance to be bound
by these terms.
Shining Star Services, (the "Company") may revise these Terms of Use
at any time by updating this posting.
You should visit this page periodically to review the Terms of Use,
because they are binding on you.
The terms "You" and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason.
Our Responsibility.
We review and approve all images, but something may sneak past us.
We cannot know if the image is of the actual
person or not. We encourage members to keep it clean,
but there may be situations where comments are posted that are inappropriate. If
you find an objectionable profile or photo, please use the link at the bottom
of each profile to report it immediately.
You agree that you will not hold Shining Star Services and our owners and staff
responsible or liable for problems you incur on this site, including inappropriate
online mails sent to you, or the use of your name and photo by another person.
Communication with other Members.
As indicated in the General Rules below, you agree to conduct yourself in a manner
that will not violate the privacy, publicity
or other personal rights of others, or that is defamatory, obscene,
threatening, abusive or hateful.
By participating in any public or non-public area of the Web Site,
including chat rooms, online mail, or
offline email, you agree to conduct yourself properly and follow the
conduct guidelines indicated above.
You agree to hold the Company blameless for any communications or
conduct that may occur. If unbecoming behavior is reported to us,
we will take action which may result in a warning, up to deletion of
membership, whether paid or unpaid, with no refund of payment to the abusive party.
Please use common sense when dealing with others and safeguard the anonymity this service provides.
By using our services, you agree to hold the Company blameless for any and all
conduct done to you or another member by a member of our web site
or a visitor to our chat rooms.
Posting personal contact information in profile comments is prohibited. Please
see our FAQ page for details. See our MEMBER PLANS link for details of your
privileges based on your member plan.
Use of Material.
The Company authorizes you to view and download the material
on the Web Site solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos, button icons,
software and other "Material", are protected under both United States and foreign
copyright, trademark and other laws. All Material is the property of the
Company or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on this
Web Site is the exclusive property of the Company and protected by U.S.
and international copyright laws.
Articles may be copyright protected by their submitter. You must honor
copyright on all articles.
You shall not copy or adapt the HTML code that the Company creates to
generate its pages. It is also protected by the Company's copyright.
Use of Support Emails.
Support emails sent to our support email address are our property and may be
used within our promotional materials, articles used on our site,
or comments shared with other members. In most cases, this information is
used anonymously to share with others.
In rare cases, we may
share what was said in order to warn members about a member who is
scamming, spamming, or abusive to our members. In this case, we may identify
that person by alias and/or contact information.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
You are here to meet other FFXI Players and not to use our site for
your advertising purposes. Any other use is prohibited. Use of our members
list to advertise your product or services is expressly prohibited.
Profiles must be submitted by the individual.
Developers with the purpose of building their own competitive website are
NOT allowed to create profiles on this site. If you are found to fall in the above
category, your account will be immediately removed with no refunds.
Members who use our profile, online mail, quick message, or chat systems to make
lewd, suggestive, sexual inuendo, reference to sexual organs or body parts, or other
comments we deem inappropriate or perverted will be immediately removed, with no
refund. Members who make fraudulent credit card charges, use a card that we are
ordered to PICK UP, or who we suspect is using a fraudulent card based on
information we have may also be removed at our discretion. Members who create
a duplicate account will also be removed, with the possibility of both accounts
being deleted, even if they delete the first account prior to creating the new
one. Members who use our site to solicit funds, or imply that they need money,
or ask for donations to a real or supposed ministry or need are also subject
to deletion. Members who use our site to promote the notorious Nigerian money
scam in all its flavors are also subject to deletion. Members who submit what
we feel is a bogus or inappropriate profile in any way are also subject to
deletion.
Members whom we suspect as being bogus or inappropriate or fraudulent in
any way are subject to deletion.
We reserve the right to deny service to anyone based on whatever reasons we deem
necessary, without prior notice or explanation, or further correspondence between
us and them.
Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including,
without limitation, (a) accessing data not intended for such user or
logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a
virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result in
civil or criminal liability. The Company will investigate occurrences
which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals.
The Company specifically prohibits any use of the Web Site, and all users
agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or
information which is not your own material.
Posting any franchise, pyramid scheme, "club membership", distributorship
or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only
(no significant salary), requires recruitment of other members,
sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large
load on this Web Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Web Site other
than the search engine and search agents available from the Company on
this Web Site and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox).
Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or
information available from the Web Site.
Framing of or linking to any of the materials or information available
from the Web Site.
User Information.
When you register for the Web Site, you will be asked to provide the
Company with certain information including, without limitation, a
valid email address (your "Information").
The Company will not disclose to any third party
your name, address, e-mail address or telephone number
without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings
where such information is relevant.
Please see the Company's Privacy Policy for further details regarding
your Information.
User Submissions.
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not, and by
using this Web Site you agree not to, do the following things:
post material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it;
post material that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights
of others; post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or
entity; post a sexually-explicit image or statement;
post advertisements or solicitations of business unless authorized to do so
and specifically posted
to the classified advertisement section or via banner ads sections;
post chain letters or pyramid schemes; impersonate another person;
or post material that contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions expressed
by users. We do not do background checks on members.
You acknowledge that any reliance on material posted by other users
will be at your own risk.
The Company acts as a passive conduit for the online distribution and
publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
The Company has no liability or responsibility to users for performance or
nonperformance of such activities. The Company reserves the right to expel
users and prevent their further access to the Web Site for violating the
Terms and Conditions or the law and the right to remove communications
which are abusive, illegal, or disruptive. The Company may take any action
with respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create liability for the
Company or may cause the Company to lose (in whole or in part) the services of its
ISPs or other suppliers.
By submitting Articles to our Web Site,
you grant the Company the free right to display articles on our web site.
You also permit any subscriber to access and view
such content. Subject to the foregoing, the owner of such
content placed on the Web Site retains any and all rights that may exist in
such content.
Registration and Password.
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
the Company of any unauthorized use of your registration or password.
Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied
to this Web Site and is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
-
The physical or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
-
A description of the copyrighted work you claim has been infringed, and a
description of the activity that you claim to be infringing;
-
Identification of the URL or other specific location on this web site where
the material or activity you claim to be infringing is located or is occurring;
you must include enough information to allow us to locate the material or the
activity;
-
Your name, address, telephone number and, if you have one, your e-mail address;
-
A statement by you that you have a good faith belief that use on the web site
of the copyrighted work in the manner you are complaining of is not authorized
by the copyright owner, any agent of the copyright owner, or the law; and
-
A statement by you, made under penalty of perjury, that the information you have
provided in your notice is accurate and that you are either the copyright owner
or are authorized to act on behalf of the copyright owner.
-
Please send notices of claims of copyright infringement on our web site to:
By mail:
Shining Star Services
P.O. Box 9028
Kansas City, KS 66112-9028
Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others
Shining Star Services
and all of our affiliated companies respect the intellectual property of others,
and we ask our users to do the same.
The unauthorized reproduction, copying, distribution, modification, public
display or public performance of copyrighted works constitutes infringement
of the copyright owners rights. As a condition to your use of this Web Site,
you agree not to use the Web Site to infringe the intellectual property rights of
others in any way. We will terminate the accounts of any account holders, and
block access to our Web Site of any users, who are repeat infringers of the
copyrights, or other intellectual property rights, of others.
We reserve the right to take these actions at any time, in our sole discretion,
with or without notice, and without any liability to the account holder who is
terminated or to the user whose access is blocked.
The Company's Liability.
The Web Site is only a venue. This Web Site acts as a venue for
individuals to post personal information of their authoring.
We do not guarantee to screen or
censor the listings offered.
As a result, the Company has no control over the quality, safety or
legality of the materials posted, or the truth or accuracy of the posts.
In addition, note that there are risks, including but not limited to the
risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. We do not do background
checks of members.
You assume all risks associated with dealing with other users with whom you
come in contact through the Web Site.
Because user authentication on the Internet is difficult,
Shining Star Services cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on the Web Site, in the event that
you have a dispute with one or more users, you release the Company (and our
agents and employees) from claims, demands and damages (actual and consequential,
direct and indirect) 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.
If you are a California resident, you waive California Civil Code d1542, which
says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
We are under no legal obligation to, and generally do not, control the
information provided by other users which is made available through the Web Site.
By its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors.
The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material.
The use of the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any material contained therein placed by you
on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Web Site contains links to third party web sites.
These links are provided solely as a convenience to you and not as an
endorsement by the Company of the contents on such third-party Web sites.
The Company is not responsible for the content of linked third-party sites and
does not make any representations regarding the content or accuracy of
materials on such third party Web sites. If you decide to access linked
third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these
Term of Use. You also agree not to make any unauthorized commercial use of the
Web Site.
This includes collecting email addresses, etc. from our members
in order to send solicitations or advertisements to them. This includes using
our copyrighted ideas or materials on your own website, or mailing list, or
other service. This includes any means used to entice our members to go to
your website, defame our website, or use your product or service.
Limitation of Liability.
The aggregate liability for the Company to you for all claims arising from the
use of the Materials is limited to $.01.
Termination.
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your postings from this
Web Site and immediate termination of your registration with or ability to
access the Web Site and/or any other service provided to you by the Company,
upon any breach by you of these Terms and Conditions or if the Company is
unable to verify or authenticate any information you submit to the Web Site
registration with or ability to access the Web Site.
Your account will be deleted with no refund of payments, if you are a paid member.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Material or your breach of the terms of these
Terms and Conditions. The Company shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
General.
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. These Terms and conditions
are governed by the internal substantive laws of the
State of Kansas, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under this agreement shall lie exclusively
with the state or federal courts within Kansas City, Kansas.
If any provision of these Terms and Conditions are found to be invalid by
any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect.
No waiver of any term of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or any other term. Except as expressly provided
in additional terms of use for areas of the Web Site a particular "Legal Notice,"
or Software License or material on particular Web pages, these Terms and
Conditions constitute the entire agreement between you and the Company with
respect to the use of Web Site. No changes to these Terms and Conditions
shall be made except by a revised posting on this page.
Deletion of Accounts.
We reserve the right to keep your profile online for a given period of time
after it has been flagged for deletion. It will not be available for view,
search, or sending online mail by members. It will be
retained for a given period of time for those who "accidentally" delete
their profiles, or delete their profile and then change their minds. We do retain
profile information for known or suspected scammers in case law authorities
require further information.
We do retain basic account information, card payments made, contact information --
even after the profile has been deleted, for income tax purposes and record keeping.
We reserve the right to delete your profile if you have used an invalid email address.
Regular probe emails are sent out to members, and if they bounce back, the account
will be flagged for deletion. If you log in within a given period of time and request
that your account be reinstated, it will be reinstated if you provide a valid email
address.
Mail Updates
We reserve the right to send mail to your personal email address announcing new
features, changes to the system, etc. These mails are also sent out as probes
to see if you have a valid email address. If they bounce back as undeliverable, or
if the mailbox is full and you have not logged on in a while, we will flag the
account for deletion. If you log in again prior to deletion of the account, you
may ask to have the account reinstated, as long as you agree to correct the problem
that caused the account to be deleted.
Please do not join our system if you do not wish to have such mails sent to you.
Additional Terms of Use
Certain areas of this Web Site are subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the additional
terms of use applicable to such areas.
18 USC Section 2257 Compliance
This website does not contain any sexually explicit content, as defined under 18 USC Section 2257 and, accordingly does not maintain a custodian of record for purposes thereof.
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