Phonestars Terms of Service

Last Revised: March 22, 2025

These are the Terms of Service (“Terms”) that will govern your use of any of the Phonestars online applications and website locations (e.g., the Phonestars.com website or the Phonestars mobile app) (collectively, the “Site”). These Terms also apply to all features, widgets, plug-ins, applications, content, downloads, additional features and all other services that Phonestars, which conducts business as Phonestars, owns and controls and makes available through a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of the method for how you access or use it, whether via computer, mobile device or otherwise.

Phonestars (referred to throughout these Terms as either “Phonestars”, or, as “we”, “our” or “us”) is the owner and operator of the Service. In these Terms, we use the term “you” to refer to any user of the Service. We also use the term “user” to refer to any natural person who uses the Service. By your use of the Service, you represent and warrant that you have read and have agreed to all of these Terms.

READ THESE TERMS OF SERVICE CAREFULLY. THE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.

I. NOTICE AND YOUR ACCEPTANCE OF THE PHONESTARS TERMS OF SERVICE

  1. No one under the age of eighteen (18) years is ever permitted to access or use the Service. In addition, you must be at least the age of majority in your resident jurisdiction. By your using the Service, you accept all of the provisions and conditions of these Terms. By your use of the Service, you represent and warrant that you are at least the age of majority in your resident jurisdiction and at a minimum, you are at least eighteen (18) years of age or older, and you have the requisite power and authority necessary to enter into and be bound by these Terms.
  2. You acknowledge that you have read and understood, and agree to be bound by, these Terms, and you agree to comply with all applicable laws and regulations in connection with your use of the Service. If you are not of majority age in your resident jurisdiction or if you do not fully agree and accept these Terms, then please leave this Site immediately.
  3. By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.
  4. By using the Service, you further agree that Phonestars may change, alter, or modify the settings or configurations on your Device (as defined below) in order to allow for or optimize your use of the Service.

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II. INTRODUCTION

This Service is an online interactive social networking service offering users voice, text, and video interactive communications where Phonestars users can create, post and share with other users of the Service their interactive communications, including their photographs, or live or recorded content. Users of the Service acknowledge that the content provided by Phonestars users may be of an adult, sexual and very explicit nature involving consenting adults. When accessing the Site and Service, users acknowledge that they may be viewing and/or experiencing actual or illusory sexual activity, including graphic depictions of male and female genitals, full nudity and sexual acts. By accessing the Service, the user confirms that he or she has voluntarily accepted their decision to view such communications, depictions, acts, photographs and materials that may be of an adult, sexual and explicit nature.

All users of the Service are required to create an account with Phonestars before accessing the Site and Service. Users are permitted to broadcast their live or recorded streaming audio and/or video content through the Service, subject to all of the Terms set forth herein. Restrictions are set forth in these Terms for all users to comply with all applicable laws, including their local community standards, and to take steps to protect the safety of the users that are accessing the Service as well as the individuals who appear in their content. Users are permitted to produce and broadcast on the Service (or to not broadcast as they may determine) and to set out requirements for other users to view their communications, photographs, productions and broadcasts. Users of the Site and Service may permit video streaming on their broadcasts subject to the restriction that users may not, through the Service, promote or advertise any entity, product, service or website that delivers live-streaming content. To confirm this restriction, you may not use the Service to solicit any other user to purchase another product or service that delivers live-streaming content.

As Phonestars is an interactive computer service with content provided by its users, the Service is operated pursuant to and is covered by Section 230 of the Communications Decency Act (47 U.S.C. § 230). Section 230 states “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law of the United States went into effect in 1996 and provides protection to online services like Phonestars from liability for the content that may be published on its service by its users and/or contributors.

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III. ENROLLMENT

  1. In order to access the features on the Service, you must first register through our online registration process. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the enrollment process, you will become eligible to obtain access to the services for which you have enrolled or registered. Please keep all of your personal information updated and accurate.
  2. Modifications to User Access Terms. Phonestars reserves the right, at any time, to change its user access methods for the Service, effective immediately upon posting on the site.
  3. Tokens. Users of the Service may purchase Tokens for use exclusively on the Service. Tokens are credits calculated in U.S. Dollars and may be spent exclusively through the Service as the user chooses, including to use as tips to the users who are eligible to receive tokens in their accounts. Tipping is intended as a gratuity and all such tips are final. Users are prohibited from tipping a user for the performance of any specific act. Further, users are prohibited from requesting any off-site payment from another user. All tokens of a user will automatically expire upon the termination of the user’s account. Tokens have no cash value outside of their use on the Service.
  4. 4. Refunds. Generally, all charges for purchases through the Service are nonrefundable. Phonestars may correct any billing errors or mistakes even if it has already requested or received payment.

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IV. MODIFICATIONS OF THESE TERMS

Phonestars may, in its sole discretion, modify or revise these Terms at any time by updating this page. You agree that we may notify you of other Terms by posting them on the Service (or in any other reasonable manner of notice which we elect). If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision. You should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, then you are not permitted to continue using the Service.

In some situations, these Terms as well as separate guidelines, rules, or terms setting forth additional or different terms and/or conditions will apply to your use of a specific or product offered via through the Service. To the extent there is a conflict between these Terms and any additional Terms, the additional Terms will control unless the additional Terms expressly state otherwise.

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V. USER-GENERATED CONTENT, OWNERSHIP, AND RIGHTS OF OTHERS

  1. The Service offers users the opportunity to create or make available on the Service a variety of materials and content including layouts, information, articles, posts, text, data, files, images, designs, graphics, illustrations, photographs, audio clips, music, sounds, pictures, videos, interactive features and other intellectual property that will be made available to other users on the Service (collectively “User-Generated Content”). Users represent and warrant that they own, have the necessary rights and/or have a license to use any User-Generated Content that they make available on the Service. Users further acknowledge that they are offering to all other users of the Service a perpetual, irrevocable, worldwide license to access and view such User-Generated Content through the Service.
  2. 18 U.S.C. § 2257. The Service is not the primary or secondary producer (as defined in 18 U.S.C. § 2257) of any User-Generated Content found on the Service. Phonestars’s activities are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by these third party users, in areas on the Service made available to our users and under the user’s control. To communicate directly with the user, or with any questions regarding this notice, please send an email to [email protected] with the specific request.
  3. The Service requires that all users certify that:
    1. (i) all individuals appearing in their User-Generated Content are over the age of eighteen (18) years of age or older depending on the legal residence of such individual at the time such content was produced or created; and that that the individual(s) have freely consented to appear in such User-Generated Content and have agreed and consented to its upload to the Service;
    2. (ii) as the producer of such User-Generated Content, the user certifies being compliant with the record keeping requirements set forth under 18 U.S.C § 2257 for all content that is uploaded to the Service, and the user agrees to make available and deliver such documentation promptly upon request;
    3. (iii) their uploaded content does not violate these Terms.
  4. In connection with User-Generated Content, you acknowledge that the Service (including past, present, and future versions) does not own or control the User-Generated Content that may become available via the Service. The Service is not the creator or producer of such User-Generated Content. The Service provides the interactive computer service and the online platform and the User-Generated Content is provided by the Service’s users which is intended to be shared with the Service’s other users. The user who posts or uploads the User-Generated Content is always the responsible party for claims, liabilities or any other issues that arise from such User-Generated Content. Therefore, any purchase of User-Generated Content is done so at your own risk!
  5. When using the Service, you must respect the intellectual property and other rights of Phonestars and other parties. Your unauthorized use of content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Phonestars respects the intellectual property rights of others. Further, if you believe that your own work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section IX below.
  6. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
  7. Except as otherwise described in the Service’s posted Privacy Policy or as this is set forth in these Terms, you agree that (a) your User-Generated Content will be treated as non-confidential regardless of whether you mark such content as “confidential,” “proprietary,” or the like, and will not be returned, and (b) Phonestars does not assume any obligation of any kind to you or to any third party with respect to your User-Generated Content. Upon Phonestars’s request, you will furnish to us with any documentation necessary to substantiate that you have the right to submit such User-Generated Content on the Service, and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and you do so at your own risk.
  8. We need certain rights in your User-Generated Content in order to be able to provide the Service. Accordingly, you hereby grant to Phonestars, and you agree to grant to Phonestars, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels including to other users of the Service), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and any derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, these granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Phonestars to your User-Generated Content, you also hereby grant to Phonestars, and agree to grant to Phonestars, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with the posting of any User-Generated Content on the Service, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section VI.8.
  9. Phonestars may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Phonestars may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
  10. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant the Service the rights that you are granting by these Terms, all without any obligation of the Service to obtain consent of any third party and without creating any obligation or liability to the Service; and (b) the User-Generated Content will not infringe on any intellectual property or other right of any third party, or cause injury or harm to any person.

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VI. COMMUNITY USAGE RULES

  1. As a user of the Service, these Community Usage Rules (“Rules”) are to help you understand that reasonable conduct is expected of users of the Service. Your use of the Service is subject to the Terms, including these Rules:
    1. Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights to it from all applicable third parties in order for you to be in compliance with these Terms. Your User-Generated Content may not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in your User-Generated Content, then you must also have their permission. As an example, if someone has taken a picture of you and your friend, and then you post that photo to the Service as your User-Generated Content, then you must have both your friend’s and the photographer’s permission to do so.
    2. Act Appropriately. If you think your User-Generated Content might offend someone or be embarrassing to someone, then the likelihood is it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, malicious gossip, and other similar communications are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must never include any negative comments that are connected to race, religion, national origin, gender, sexual orientation, or physical handicap.
    3. Do Not Post for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
    4. Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, company, or any third party, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
    5. Others Can See Your Content. Please remember that the User-Generated Content postings are public on the Service and viewable by other users. Do not submit personally identifying information (e.g., first and last name together with a password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information).
    6. Never Share Other Peoples’ Personal Information. Your User-Generated Content should never reveal another person’s address, phone number, email address, Social Security number, credit card number, password, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, that may be specifically requested by Phonestars.
    7. Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other device. If you submit User-Generated Content that Phonestars reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate. At the same time, the Service is not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
    8. Only Contact Other People Through the Service. You may use our Service to communicate with other users in accordance with these Terms. All communication must occur through our Service. You may not send any messages to our users that contain illegal, illicit, harassing, harmful, inappropriate, or hateful content.
    9. You must honor all requests to opt-out from receiving communications.
  2. Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. The Service is not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
  3. Alerting Us of Violations. If you discover content that violates these Terms, then you may report it to us at [email protected]. For alleged infringements of intellectual property rights, see Section IX below.

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    VII. ACCOUNTS AND PROFILES

    1. In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy. If you are under the age of eighteen (18), or under the age of majority in your resident jurisdiction, then you are not permitted to register as a user, create a profile page or otherwise use the Service or submit personal information to us. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you a text message notification with a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (We may reject the use of any password, username, or email address for any other reason in our sole discretion); (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits in our discretion, for any reason, and without advance notice or liability.
    2. Your profile page may not include any form of prohibited User-Generated Content. We may offer you the ability to set preferences relating to your profile or service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ profile material. Profile pages may only be set up by the individual that is the subject of the profile page. We do not review profile pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized profile pages that may appear on the Service. If there is any dispute as to whether a profile page has been created or is being maintained by the individual who is the subject of that profile page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to profile pages, or any portion thereof, at any time without notice.

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    VIII. DMCA COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

    1. In this section, please find the procedure for alleging a Copyright Infringement Notice or other infringement of an Intellectual Property right. Phonestars will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (iv) your full name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature. Phonestars will only respond to DMCA Notices that it receives by mail or email at the addresses below: By Mail: Phonestars, LLC, ATTN: DMCA Agent, 10170 W. Tropicana Avenue, #156-168, Las Vegas, N 89147; By email: [email protected]. It is often difficult to determine if your copyright has been infringed. Phonestars may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Phonestars may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Phonestars’s other rights, Phonestars may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Phonestars.
    2. If access on the Service to a work that you submitted to Phonestars is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification must contain the following information: (i) a legend or subject line that says: “DMCA Counter-Notification”; (ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled); (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your full name, address, telephone number, email address, and the username of your account; (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Nevada), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
    3. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following: (a) a legend or subject line that says: “Intellectual Property Infringement Notice”; (b) a description of the intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (d) your full name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law; (f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and (g) your electronic or physical signature. We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Phonestars with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

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    IX. NOTICES, QUESTIONS AND CUSTOMER SERVICE

    You agree that: (1) Phonestars may give you notices of new, revised or changed terms and other important matters by posting notice on the home page of the Service, or by updating these Terms of Service, or in any another reasonable manner; and (2) Phonestars may contact you by push notification or text message to the phone number you supply to us. You agree to promptly notify us if you change your phone number by updating your profile pettings.

    If you have questions regarding the Terms or the Service, you may contact Customer Support by sending an email to [email protected], or writing us at Phonestars, 10170 W. Tropicana Avenue #156-168, Las Vegas, NV 89147. You acknowledge that the provision of customer support is at Phonestars’s sole discretion and that we have no obligation to provide you with customer support of any kind, except to answer any questions you may have about these Terms. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account. All legal notices to Phonestars must be sent to [email protected].

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    X. LINKS BY YOU TO THE SERVICE

    Phonestars grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Phonestars or cause any other confusion, and (c) the links and the content on your website do not portray Phonestars or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Phonestars. Phonestars reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

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    XI. THIRD-PARTY SITES

    1. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Phonestars, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Phonestars. Phonestars has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Phonestars does not assume any obligation to review any Third-Party Sites. Phonestars does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Phonestars is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, Phonestars will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Phonestars disclaims all liability in connection therewith.
    2. Your dealings with Third Parties: Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Phonestars disclaims all liability in connection therewith.

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    XII. WIRELESS AND LOCATION-BASED FEATURES

    1. The Service may offer certain features and services that are available to you via your wireless device (“Device”). These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
    2. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Phonestars of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
    3. If available and if you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

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    XIII. DISPUTE RESOLUTION/ARBITRATION

    1. Certain portions of this Section XIV are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Phonestars agree that we intend that this Section XIV satisfies the “writing” requirement of the Federal Arbitration Act. If you do not want to arbitrate disputes with Phonestars and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the Last Revised Date of these Terms, or of the date you first access or use the Service, whichever is later. If you opt-out of these arbitration provisions, we also will not be bound by them.
    2. First, Attempt To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, any content, your User-Generated Content, these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Phonestars’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section XIV.6), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this Section XIV.2. Your notice to us must be sent to: Phonestars, 10170 W. Tropicana Avenue #156-168, Las Vegas, NV 89147. For a period of sixty (60) days from the date of receipt of notice from the other party, Phonestars and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Phonestars to resolve the Dispute or Excluded Dispute on terms with respect to which you and Phonestars, in each of our sole discretion, are not comfortable.
    3. Forums for Alternative Dispute Resolution Arbitration. If we cannot resolve a Dispute as set forth in Section XIV.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section XIV.3. If we cannot resolve an Excluded Dispute as set forth in Section XIV.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Phonestars consent, in a writing signed by you and an Officer or legal representative of Phonestars, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section XIV.3. Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Phonestars elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Phonestars do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section XIV.3, then this paragraph and the remainder of this Section XIV.3 will not apply to the Excluded Dispute. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Phonestars consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA (800.778.7879, http://www.adr.org/) and JAMS (949.224.1810, http://www.jamsadr.com/).
    4. Nature, Limitations, and Location of Alternative Dispute Resolution. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to Section XIV.8 below. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, with arbitration (a) there is no judge or jury, (b) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and (c) judicial review of the arbitration outcome is limited. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Phonestars to pay a greater portion or all of such fees and costs in order for this Section XIV to be enforceable, then Phonestars will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
    5. Limited Time to File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in section XIV.2) within one (1) year after the dispute arises or it will be forever barred.
    6. Injunctive Relief. The foregoing provisions of this Section XIV.2 will not apply to any legal action taken by Phonestars to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, User-Generated Content and/or Phonestars’s intellectual property rights (including such Phonestars may claim that may be in dispute), Phonestars’s operations, and/or Phonestars’s products or services.
    7. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section XIV.9.
    8. No Class Action Matters. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Each of us expressly waive any ability to maintain any Class Action in any forum. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section XIV.3 holds that this restriction is unconscionable or unenforceable, then our agreement in Section XIV.3 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section XIV.9. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
    9. Federal and State Courts in Las Vegas, Nevada. Except to the extent that arbitration is required in Section XIV.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Las Vegas, Nevada USA. Accordingly, you and Phonestars consent to the exclusive personal jurisdiction and venue of such courts for such matters.

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    XIV. DISCLAIMER

    The Service is provided on an “as is”, “as available”, and “with all faults” basis. Your access to and use of the Service is at your sole risk. To the fullest extent permissible by law, Phonestars and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Phonestars Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including any content and/or the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any memberships, membership packages, subscriptions, products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to Phonestars or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction. Except for any specific warranties provided herein or provided by a Phonestars Party, Phonestars Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

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    XV. LIMITATION ON LIABILITY

    1. Under no circumstances will any Phonestars Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including any content and the User-Generated Content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by Phonestars Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. You understand that we monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of your information, may be monitored and the scope of the network utilized by us to monitor your personal information may change. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Phonestars Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
    2. To the fullest extent permitted by applicable law, in no event will Phonestars Parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Service and your rights under these Terms, exceed an amount equal to the amount you have paid Phonestars in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by Phonestars or a manufacturer of a physical product.
    3. If you ever claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, User-Generated Content, product, Service, or intellectual property owned, licensed, used or controlled by Phonestars (including your licensed User-Generated Content) or a licensor of Phonestars.

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    XVI. GENERAL PROVISIONS

    1. As to any provision in these Terms that grants Phonestars a right of consent or approval, or permits Phonestars to exercise a right in its “sole discretion,” Phonestars may exercise that right in its sole and absolute discretion. No Phonestars consent or approval may be deemed to have been granted by Phonestars without being in writing and signed by an officer of Phonestars.
    2. These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Nevada (or the arbitration laws of AAA if applicable), without regard to its conflicts of law provisions.
    3. You agree to, and you hereby, defend, indemnify, and hold the Phonestars Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Phonestars Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Phonestars Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Phonestars Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Phonestars Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Phonestars Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Phonestars Party.
    4. Phonestars controls and operates the Service from its U.S.-based offices in the U.S.A., and Phonestars makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
    5. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i)-(iii) above.
    6. If any provision of these Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
    7. When you communicate with Phonestars electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    8. Phonestars reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by Phonestars in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Phonestars under these Terms. Upon suspension or termination of your access to the Service, or upon notice from Phonestars, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Phonestars in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
    9. Phonestars may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Phonestars. Except as expressly set forth in these Terms, (i) no failure or delay by you or Phonestars in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    10. If you are a government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
    11. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
    12. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however that these Terms are in addition to, and do not replace or supplant, our Privacy Policy. These Terms may only be modified as set forth herein.

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