Disclaimers
THE STA
WEBSITES IS PROVIDED "AS IS" AND ÒWITH ALL FAULTSÓ AND THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE STA WEBSITES IS WITH YOU. SHOULD
THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT STA, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING AND REPAIR. STA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO
THE STA WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, STA MAKES NO WARRANTY THAT THE STA WEBSITES WILL
MEET YOUR REQUIREMENTS OR THAT THE STA WEBSITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE OR THAT DEFECTS IN THE STA WEBSITES WILL BE CORRECTED. STA
MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STA
WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE STA WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH THE STA WEBSITES OR FROM STA, ITS PARENTS,
SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES)
(COLLECTIVELY, ÒTHE STA PARTIESÓ) SHALL CREATE ANY WARRANTY. STA DISCLAIMS ALL
EQUITABLE INDEMNITIES.
Limitation
of liability
IN NO EVENT WILL ANY OF
THE STA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE
HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE,
BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN
CONNECTION WITH THE STA WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THE STA WEBSITES), WHETHER SUCH DAMAGES ARE
BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN
IF ANY STA PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF
SUCH DAMAGES.
User
submissions
Certain
areas of the STA Websites (e.g., chat rooms or customer ratings and review
areas) may permit you to submit feedback, information, data, text, software,
music, sound, photographs, graphics, video, messages, or other materials (each,
a ÒUser SubmissionÓ). By submitting a User Submission, you grant to STA an
irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide,
license (sublicensable through multiple tiers) to (a) use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform, and publicly
display your User Submissions (or any modification thereto), in whole or in
part, in any format or medium now known or later developed and (b) use (and
permit others to use) your User Submission in any manner and for any purpose
(including, without limitation, commercial purposes) that STA deems appropriate
in its sole discretion (including, without limitation, to incorporate your User
Submission or any modification thereto, in whole or in part, into any technol
ogy, product, or service). STA reserves the right to display advertisements in
connection with User Submissions and to use User Submissions for advertising
and promotional purposes. STA may, but is not obligated to, pre-screen User
Submissions or monitor any area of the STA Websites through which User
Submissions may be submitted. You agree that you are solely responsible for all
of your User Submissions. STA is not required to host, display, or distribute
any User Submissions on or through the STA Websites and may remove at any time
or refuse any User Submissions for any reason. STA is not responsible for any
loss, theft, or damage of any kind to any User Submissions. STA does not want
to receive any User Submission that is confidential. You understand and agree
that any User Submission will be considered non-confidential and
non-proprietary and that STA will be free to disclose your User Submission to
any third party absent any obligation of confidence on the part of the
recipient. STA does not guarantee that you will have any recourse through STA
or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least
13 years old;
(b) you own all rights in your User Submissions (including, without
limitation, all rights to the audio, video, or digital recording and the
performance contained in your User Submissions) or, alternatively, you have
acquired all necessary rights in your User Submissions to enable you to grant
to STA the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees,
and other financial obligations, of any kind, arising from any use or
commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions
or, alternatively, you have obtained permission from each person (including
consent from parents or guardians for any individual under the age of eighteen
(18)) who appears and/or is heard in your User Submissions to grant the rights
to STA described herein;
(e) your User Submissions do not infringe the copyright, trademark,
patent, trade secret, or other intellectual property rights, privacy rights, or
any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you
may have in your User Submission;
(g) any information contained in your User Submission is not known by you
to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not
limited to, those governing export control, consumer protection, unfair
competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to
be, defamatory, libelous, hateful, racially, ethnically, religiously, or
otherwise biased or offensive, unlawfully threatening, or unlawfully harassing
to any individual, partnership, or corporation, vulgar, pornographic, obscene,
or invasive of anotherÕs privacy;
(j) you were not and will not be compensated or granted any consideration
by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party
web site, or addresses, email addresses, contact information, or phone numbers
(other than your own);
(l) your User Submission does not contain any viruses, worms, spyware,
adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you
consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation.
Links
to third-party websites
Links on the STA Websites
to third-party websites are provided solely as a convenience to you. If you use
these links, you will leave the STA Websites. STA is not obligated to review
such third-party websites, does not control such third-party websites, and is
not responsible for any such third-party websites (or the products, services,
or content available through the same). Thus, STA does not endorse or make any
representations about such third-party websites, any information, software,
products, services, or materials found there or any results that may be
obtained from using them. If you decide to access any of the third-party
websites linked to from the STA Network, you do this entirely at your own risk.