BLOCKSTAR TERMS OF SERVICE

1. Acceptance of Terms

Blockstar welcomes you.  This Blockstar Terms of Service and Privacy Policy is a legal agreement (the "Agreement") between you (together with any business entity you are representing, "Member" or “you”) and PIC Web Services, Inc., which is doing business as Blockstar  ("Blockstar"). It governs your access to and use of all Blockstar products and services (collectively, the "Service"), including any software related thereto (the “Software”). The Service is offered to you conditioned upon your acceptance without modification of this Agreement. Your use of any Blockstar Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT PURCHASE, USE OR ACCESS THE SERVICE. You represent that you have attained the age of majority in the province, state or country in which you reside, and that any information that you submit is correct.You acknowledge that, from time to time, it may be necessary for Blockstar to update or revise certain provisions of this Agreement. Blockstar reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any new terms posted. You can review the most current version of this Agreement at any time at: http://www.blockstar.com/tos.html.  If you do not agree to any terms of this Agreement, or any future changes made by Blockstar, your sole and exclusive remedy is to cancel your Blockstar Service (your "Account"). Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

2. Description of Service

Blockstar provides users with access to a collection of web services that allow users to create websites, blogs, online photo albums, and other web content (collectively, "Member Creations"), and Blockstar hosts Member Creations, and the content contained therein, on Blockstar’s servers. You understand and agree that the Service may include advertisements and that these advertisements are necessary for Blockstar to provide the Service. You also understand and agree that the Service may include certain communications from Blockstar, such as service announcements, administrative messages and Blockstar newsletters, and that these communications are considered part of the Blockstar Service.  However, you will be able to opt-out of receiving Blockstar newsletters. You understand and agree that the Service is provided "AS-IS" and that Blockstar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, personalization settings, or web content. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. General Prohibitions Regarding Your Use of the Service

Blockstar reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole and absolute discretion. You shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your user name or password), use of the Service, or access to the Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use, transfer, or sell any Content (as defined in Section 9 of this Agreement) posted via the Service other than as contemplated by the applicable Service, which may include the creation or operation of Member Creations in accordance with this Agreement. Without limiting the generality of the foregoing, you may not (a) use or frame, or utilize framing techniques to enclose, the Blockstar web site located at www.blockstar.com, or any successor web site (the “Blockstar Web Site”), or any individual element or materials within such site; or (b) engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Blockstar, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution under the law.

4. Member Registration

If you choose to become a Blockstar customer, you will be required to provide specific registration information about yourself and/or your business. As part of the registration process, you will select a user name and password for your Account. You promise you will not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a user name that Blockstar, in its sole discretion, deems inappropriate or offensive. You agree to (a) provide true, accurate, current and complete information as prompted by the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You shall maintain a valid email address at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blockstar has reasonable grounds to suspect that you have done so, Blockstar has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).

5. Privacy Policy

All Registration Data and certain other information about you is subject to our Privacy Policy. You should review the entire Privacy Policy at http://www.blockstar.com/privacy_policy.html, which is hereby incorporated into this Agreement.

6. Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your user name, password and Account, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Blockstar of any unauthorized use of your user name, password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. Blockstar cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Service under your user name and password.

7. Charges; Billing; Trial Periods

Blockstar reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Blockstar Web Site. Blockstar reserves the right to charge you for any third-party fees associated with the creation of Member Creations, including domain registration fees, provided you are notified about such fees during the registration process for the Service.  If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize Blockstar to charge your valid and current credit or debit card in advance for all applicable fees incurred by you in connection with your chosen Service. The applicable Service and your Account will automatically renew at the end of each subscription period, unless terminated by you in advance. If there are any annual, monthly or similar periodic subscription fees associated with your Account, these fees will be billed automatically to your designated valid and current credit or debit card at the start of each renewal period, unless you terminate the Service before the relevant period begins. If you registered for the Service using a Blockstar promotional code or discount, after the initial promotional period expires, your Account (including any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. You further acknowledge that it is your responsibility to notify Blockstar of any changes to your credit card and to update your credit card number if your credit card has expired.  Blockstar may disconnect or otherwise interrupt your access to the Service if you fail to so notify Blockstar. All fees shall be paid in U.S. dollars.

Blockstar reserves the right to change any fees (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which Blockstar does not currently charge a fee) at any time; provided, however, that Blockstar will provide you with reasonable notice prior to making any fee changes.

You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. You are responsible and liable for any fees, including attorney and collection fees, that Blockstar may incur in its efforts to collect any remaining balances due from you. This Section 7 shall in no way limit any other remedies available to Blockstar. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated due to your breach of this Agreement. You must notify Blockstar of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not so notify Blockstar, you waive any right to dispute such problems or discrepancies.

If you have registered for a limited-time trial of the Service ("Trial Period"), you will have the entire Trial Period within which to purchase the Service you are using in order to retain any Member Content (as defined below) included in the Member Creation(s) that you built during the Trial Period. If you have not purchased the Service by the end of the Trial Period, all of the Member Content will be deleted. Blockstar is not responsible for any damages to you if you decide not to purchase the Service and Blockstar deletes the Member Content after the Trial Period expires.

8. Member Account Limitations

You acknowledge and agree that Blockstar may, from time to time, establish general practices and limits concerning the use of the Service, including limiting (a) the maximum number of days that any Member Content will be retained by Blockstar; (b) maximum bandwidth usage that will be allotted to you; (c) maximum limits on storage space; (d) the maximum number of Member Creations per Account; (e) the maximum amount of data or pages that may be included in each Member Creation; and (f) the maximum periods for the retention of Member Content following a Trial Period or account cancellation. Blockstar further reserves the right to delete, at any time and without prior notice, duplicate copies of any images. Nevertheless, the foregoing limits will be consistent with the Service (including any upgrades) for which you have registered. You agree that Blockstar has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge that Blockstar reserves the right to modify these general practices and limits from time to time, in its sole and absolute discretion.

9. Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (collectively, "Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Blockstar, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service (“Member Content”). Blockstar does not control the Content posted by you or other Members via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Blockstar be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Blockstar or submitted to Blockstar.

Although Blockstar firmly believes in the value of free and open expression of ideas, Blockstar reserves the right (without the obligation) to monitor, pre-screen, refuse, remove, or edit any Content stored on its servers in its sole discretion and without notice. You acknowledge, consent and agree that Blockstar may access, preserve, and disclose your Registration Data and Member Content if required to do so by law or as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement; (c) respond to claims that any Member Content violates the rights of a third-party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Blockstar, its Members, or the public.

You understand that the technical processing and transmission of the Service, including your Member Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and the Software may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Blockstar and/or content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content provided on the Service, in whole or in part, is strictly prohibited.

10. Member Conduct

Your right to use the Service is personal to you and any authorized users from your business (if applicable). You, and not Blockstar, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Service. You shall not use the Service for any illegal purpose in violation of any local, state, federal or international law or regulation. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Service. If the Service does not provide adequate facility or features for you to satisfy such obligations, then you shall not use the Service. You acknowledge that you should always use caution when posting any personally identifying information about yourself or your business or employees via the Service or on any Member Creations.

You agree not to do the following in connection with your use of the Service:

Blockstar does not allow adult content on our service. Sites of an adult nature will be disabled immediately upon detection. Please do not waste our time or yours creating adult content on Blockstar.

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Blockstar official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third-party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, spyware, or any other computer code, files or programs designed to (i) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (ii) access the Blockstar accounts of others, or (iii) penetrate security measures of Blockstar, its vendors or suppliers (including Content Suppliers) or other entities' systems;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(l) "stalk" or otherwise harass another; and
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(n) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Blockstar determines, in its sole discretion, is inappropriate for sale through the Service;
(o) use the Service as a forwarding service to another web site;
(p) allow usage of the Service by others in such a way as to violate this Agreement;
(q) take any steps to interfere with or in any manner compromise any of Blockstar’s security measures;
(r) use the Software or the Service for fraudulent purposes;
(s) harvest or collect any information about or regarding other Members, including, without limitation, any personal data or information;
(t) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party web site or service;
(u) copy the Software (other than as provided under United States copyright laws);
(v) remove any proprietary notices from the Blockstar Web Site, the Software or any copy thereof;
(w) cause, permit or authorize the modification, creation of derivative works, or translation of the Blockstar Web Site or the Software without the express permission of Blockstar;
(x) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
(y) export or re-export the Software in violation of United States export laws;
(z) attempt to decompile, reverse engineer, disassemble, modify or hack the Blockstar Web Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by Blockstar with respect to the Service;
(aa) use the Service for any commercial purpose or for the benefit of any third-party or in any manner not permitted by this Agreement, or otherwise exceed the scope of the Service that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use); and
(bb) contact, advertise to, or solicit any other Blockstar Members or attempt to sell any products or services to other Blockstar Members, without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Blockstar reserves the right to restrict the number of emails that you may send to other Members in its sole and absolute discretion.

If Blockstar believes, in its sole and absolute discretion, that any Member Content that you post on the Service is offensive or otherwise not appropriate (whether or not such Member Content violates a provision of this Agreement), Blockstar may (a) demand that you restrict access to such Member Content in any manner Blockstar deems appropriate; or (b) exclude such Member Content from any public areas of the Service or the Blockstar Web Site or otherwise prohibit its display through the Service.

11. Third-Party Content

For your convenience, the Service or the Blockstar Web Site may contain products, services, Content, advertising, material, or information from third-parties (including advertisers and affiliates of Blockstar) (collectively, “Content Suppliers”), and/or links to their World Wide Web sites or resources (collectively, "Third-Party Content"). Third-Party Content is not under the control of Blockstar, and Blockstar is not responsible or liable, directly or indirectly, for any Third-Party Content or 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. Blockstar is under no obligation to pre-screen Third Party Content available via the Service. Blockstar is providing such Third-Party Content to you only as a convenience, and the inclusion of Third-Party Content does not imply endorsement by Blockstar of the Third-Party Content or the provider thereof. Blockstar reserves the right (but has no obligation) to remove Third-party Content that, in Blockstar's judgment, does not meet its standards, but Blockstar will not be responsible for any failure or delay in removing such Third-party Content.

Your use of Third-Party Content and the web sites of third-parties may be subject to the terms, conditions, notices, and policies of applicable third-parties. Blockstar is not and will not be responsible for (a) the terms and conditions of any transaction between you and any third-party; (b) any insufficiency of or problems with any such third-party's background, insurance, credit or licensing; or (c) the quality of services performed by any such third-party or any other legal liability arising out of or related to the performance of such services. If you have a dispute with any such third-party, you release Blockstar (and its affiliates, suppliers (including Content Suppliers), agents and employees) from any and all 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.

12. Advertisements and Promotions

Blockstar reserves the right to run advertisements and promotions on the Blockstar Web Site and on the Member Creations of those Members who receive the Service for free. You agree that Blockstar has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on any of your Member Creations via JavaScript or any other means. Doing so is grounds for immediate termination of the Service. The manner, mode and extent of advertising by Blockstar on your Member Creation is subject to change.

13. Proprietary Rights to Member Content

Blockstar does not claim ownership of the Member Content. However, if you submit and/or post any Member Content on the Service and you do not specify that such Member Content may only be accessed by you and/or a limited group of other Members, you automatically grant, and represent and warrant that you have the right to grant, to Blockstar a worldwide, royalty-free, irrevocable, perpetual, fully-sublicensable, and non-exclusive right and license to use, host, reproduce, modify, adapt, publish, edit, translate, distribute, perform, combine with information provided by third-parties, create derivative work of and display such Member Content alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed, including, without limitation, in Blockstar's promotional or advertising materials. Any such Member Content may be used by Blockstar or licensed to others by Blockstar for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting.

Through your Account settings, you may choose to make available to other Blockstar Members some or all of your Member Content.  With respect to any Member Content that you make available to other Blockstar Members, you automatically grant, and represent and warrant that you have the right to grant, to Blockstar and all Blockstar Members a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, and fully sublicensable license to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, sublicense, and create derivative works from such Member Content (in whole or in party) and to incorporate such Member Content into other works in any format or medium now known or later developed, including on the Member Creations of other Blockstar Members.

No compensation will be paid or due you with respect to Blockstar's or its sublicensees’ use of the materials as licensed above. You represent and warrant that you own or otherwise control the rights necessary to post all Member Content via the Service and to grant Blockstar the license set forth above.  Pursuant to the terms set forth in Section 15, you will defend and indemnify Blockstar and its suppliers (including Content Suppliers) from any third-party claim related to a breach of any of the foregoing representations and warranties.

14. Blockstar’s Proprietary Rights

You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. As between Blockstar and you, the following are and shall remain the sole property of Blockstar:  (a) all right, title and interest in and to the products and services delivered via the Service and any Content delivered in connection with the Service; and (b) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to the Service and such Content. Except as expressly authorized by Blockstar or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Blockstar grants you a personal, limited, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Blockstar for use in accessing the Service.

Blockstar does not want to receive confidential or proprietary information from you through the Service, the Blockstar Web Site, by email, or any other form of communication. Unless otherwise agreed in writing by an authorized Blockstar representative, any material, information or idea you transmit to Blockstar by any means may be disseminated or used by Blockstar or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Member Content, or to certain personal information that is subject to our Privacy Policy.

15. Indemnification

You hereby agree to indemnify, defend and hold harmless Blockstar, and Blockstar’s suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Service (including, without limitation, the Software); (b) your breach of this Agreement or your violation of the rights of any third-party; (c) any Member Content; (d) your acts and omissions; and (e) your negligence or violation or alleged violations of any rights of a third-party. Blockstar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however, that you shall use best efforts to cooperate with Blockstar in such defense. These obligations will survive any termination of your relationship with Blockstar or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Blockstar and/or its suppliers (including Content Suppliers), affiliates, partners, subsidiaries and employees.

16. Copyright and Trademark Notices

All materials of the Service and the Software (as well as the organization and layout of the Service) are owned and copyrighted or licensed by Blockstar, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of such materials is permitted without the written permission of Blockstar. Any rights not expressly granted herein are reserved by Blockstar.

You acknowledge and agree that Blockstar™, and other Blockstar logos and product and service names, are trademarks of Blockstar (the "Blockstar Marks") and that you will not display or use the Blockstar Marks in any manner whatsoever without the express prior permission of Blockstar.

17. Modification of the Service

Blockstar reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, the Service (or any part or aspect thereof) with or without notice.All Member Creations and Member Content will be locally stored on your computer.  Consequently; any suspension of the Service should not cause you to lose such data. You agree that Blockstar shall not be liable to you or to any third-party for any such modification, suspension or discontinuance of the Service. If you do not agree to any modification of the Service, your sole and exclusive remedy is to cancel your Account, but, in such case, Blockstar will not refund any remaining portion of your pre-paid fees.

18. Termination or Cancellation of Member Account

Blockstar may terminate or suspend your Account or your access to the Service at any time, in its sole and absolute discretion, and with or without prior notice. If Blockstar terminates your Account because you breach this Agreement or any related agreements or guidelines, Blockstar shall have no obligation to refund any credit balance or pre-paid fees to you. You agree that Blockstar shall not be liable to you or any third-party for any termination of your Account.

You may cancel your Account at any time, with or without cause. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Blockstar. Blockstar will not be obligated to refund any pre-paid fees if you cancel your Account, even if you cancelled the Account for cause.

Upon termination or cancellation of your Account by Blockstar or you for any reason, Blockstar reserves the right to (i) collect all charges or fees incurred or accrued by you through the termination/cancellation date; (ii) remove and discard any Member Content; (iii) prohibit you from accessing your Account, including, without limitation, by deactivating your password; and (iv) refuse you future access to the Service.

19. Information for California Residents

Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information:

(a)   The Service is provided by PIC Web Services Inc., located at 4707 41st Street #1C, Sunnyside NY 11104.

(b)   The fees for using the Service are listed on the Blockstar Web Site at https://www.blockstar.com/main/signup.html. Blockstar reserves the right to change any fees or charges, or institute new fees, at any time.

(c)    You may contact Blockstar at help@blockstar.com with complaints or to request additional information about the Service.  Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

20. Copyright Infringement

Blockstar respects the intellectual property of others, and asks its Members to do the same. Blockstar may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Members who repeatedly post infringing material on the Service. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Blockstar's Copyright Agent:
1.   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.   a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.   a description of where the material that you claim is infringing is located on the site;
4.   your address, telephone number, and email address;
5.   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.   a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Blockstar's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
 
Copyright Agent
c/o Blockstar
4707 41st Street #1C
Sunnyside, NY 11104
Tel:  (646) 867-2299
Email:  copyright@blockstar.com

21. DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BLOCKSTAR AND ITS SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BLOCKSTAR AND ITS SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 MATERIAL.

22. LIMITATION OF LIABILITY

IN NO EVENT SHALL BLOCKSTAR AND/OR ITS SUPPLIERS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BLOCKSTAR OR ANY OF ITS SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLOCKSTAR'S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO BLOCKSTAR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE; OR (B) $500.00. Without limiting the foregoing, neither Blockstar nor its suppliers (including Content Suppliers) is responsible for any of your data residing on Blockstar’s or such suppliers’ servers. You are responsible for backing-up your data and information that may reside on Blockstar’s or such suppliers’ servers, whether or not such data or information is produced through the use of the Service.

23. Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

24. Notice

Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Blockstar Web Site, or other reasonable means. You shall be solely responsible for keeping your email and postal addresses updated on your Account. Blockstar shall not be responsible for any undelivered notices caused by your failure to update such information. You should refer to the Help Section of the Blockstar Web Site located at http://www.blockstar.com/help/help_home.html for information on how to contact or provide notice to Blockstar.

25. Choice of Law; Location for Resolving Disputes

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.

26. General

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Blockstar may assign this Agreement, in whole or in part, at any time with or without notice to you. You shall not assign this Agreement, by operation of law or otherwise, without prior written approval of Blockstar, and any such attempted assignment shall be void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Blockstar and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Blockstar with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.