Terms of Service (TOS)

1. Introduction

Welcome to Action AllStars™, brought to you by the owners and operators of the site, Six Degrees Games, Inc. Six Degrees Games™ is a family-friendly, sports-fan oriented company dedicated to building fun, appropriate, engaging environments in the online space. Six Degrees Games ("SDG") is located in Marina Del Rey, California. If you have any questions for the SDG team, please contact us at info@sixdegreesgames.com. For Action AllStars questions, please contact our staff at info@actionallstars.com. "SDG" shall mean all internet sites of Six Degrees Games, Inc., and our properties, such as SIXDEGREESGAMES.COM and ACTIONALLSTARS.COM. SDG and any and all entities that control, are controlled by, or affiliated or under common control with, Six Degrees GamesTM are collectively referred to herein as "we", "us", "our", "SDG", or "Action AllStars" in the following documents. Through this www.actionallstars.com ("Website"), you may register, build an avatar character, personalize it, and explore the many sides of sports and fandom. SDG and Action AllStars hope you and your family enjoy all the offerings available to you. In the meantime, we would like you to be aware of the rules that govern the site and you, the user. PLEASE READ THE TERMS OF SERVICE CAREFULLY WITH YOUR PARENT/GUARDIAN BEFORE USING ACTION ALLSTARS OR ANY SIX DEGREES GAMES SITE. By viewing, participating, using any SDG site, including but not limited to by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use any SDG Sites.

2. Use Of Content

All information, materials, games, items, functions and other content (including Submissions, as defined in the Section entitled "SUBMISSIONS") , all collectively referred to as "Content", contained on SDG Sites are owned by SDG and the copyrights are owned by SDG and/or our licensors or licensees. All trademarks, service marks, trade names, trade dress, copyrights and other intellectual property, including, but not limited to the marks SIX DEGREES GAMES and ACTION ALLSTARS, are owned by us and/or our licensors or licensees and are not to be used without permission. We have the sole right to change the SDG Sites or delete Content or features at any time, in any way, for any or no reason. Unless we specifically agree otherwise in writing, no Content from any SDG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way, except that where a SDG Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. In the event that we offer downloads of software on a SDG Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

3. Submissions

In these Terms of Use, we use the word "Submissions" to mean any form of input placed on our site in the form of text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a SDG Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a SDG Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any SDG Site for which you do not seek Consideration (such as in our Customer Services and in Public Blogs). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

4. Licenses and Representations

You hereby grant us and our licensees, distributors, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in part or whole) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on SDG Sites, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). You represent that you own or otherwise have the right to disseminate all of the intellectual property in your Submissions, and you agree to indemnify SDG against any charges of infringement based on Submissions. By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in the Section labeled "RULES OF CONDUCT") and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that we solicit Submissions through features or activities on or through SDG Sites (including Action Sports News gazette, various, games, widgets, and Public Blogs as defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION") that require the use of our intellectual property (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our intellectual property (in whole or in part) as required (but only as required), and only for the purpose of creating your Submissions; provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. To the extent any moral rights, ancillary rights, or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

5. Accounts

The Action AllStars Site requires you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data", "Membership Acquisition" or "My Account Information"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, email or other account information, or another person's name, likeness, voice, or existence. You also agree to promptly notify Action AllStars of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any SDG Site. In addition, you agree to promptly exit from your account at the end of each session. We may suspend or terminate your account and your ability to use any SDG Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

6. Public Communication

"Public Communication" means an area, site or feature offered as part of any SDG Site that offers the opportunity for users to Distribute Submissions for viewing by one or more SDG Site users, including a chat area, comment sections, blogs, or social community environment. You acknowledge that Public Communication and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Although we may scan any information submitted by you, you are and shall remain solely responsible for the Submissions you Distribute on or through any SDG Site under your name, username or otherwise by you in any Public Communication area and for the consequences of submitting and posting same. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Communication is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted in chat, blogs, comments, or sent by users in any Public Communication and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute. SDG is not responsible for any of the Public Communication.

7. Rules Of Conduct

The following Rules of Conduct apply to all of the SDG Sites. By using the SDG Sites, you agree that you:

• Will be a good online citizen and not do anything that can hurt others. In other words, you will NOT do or say anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• Will be a valued member of Action AllStars and not do or say or participate in anything that is against the law. In other words, you will not engage in anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• Will help protect Action AllStars and yourself by never giving out personal information such as your telephone number, address, email address, instant messenger information, or name and location of school. You will not do/say anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• Will help make sure Action AllStars is a fun, safe place of fun and sports, and NOT try to advertise or sell anything within the Site. You will not do engage in any behavior that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• Will help ensure that Action AllStars remains the best site it can be by reporting any problems or issues that you might see, and avoid making such things worse, adding to them, or creating technical issues. You will not present Action AllStars with anything contains a virus or other harmful component, or otherwise tampers with, impairs or damages the SDG Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the SDG Sites; or
• Will help keep conversations on topic and not disruptive to the entire Action AllStars world and community. This means you will not do anything that (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. All determinations as to the appropriateness of your conduct are in the sole discretion of SDG.

8. Cooperation; Removal Of Submissions

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any SDG site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including any SDG Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. Content Accessible Through Links From SDG Sites And Search Results Operation;

Removal Of Submissions

You should be aware that when you are on a SDG Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SDG Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

10. Disclaimers

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SDG SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SDG SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SDG SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). SDG Sites may contain the opinions and views of other users. Given the interactive nature of our sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The various forms of content on our SDG Sites are intended for educational and entertainment purposes only.

11. Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the SDG Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Limitation Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SDG SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SDG SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SDG SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO ACTION ALLSTARS, OR ANY OTHER SDG SITE, OR CHANGE THE SDG SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Jurisdictional And Venue Issues

You agree that any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the SDG sites shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and to arbitration as stated herein and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any SDG Site is appropriate or available for use in any particular location. Those who choose to access an ACTION ALLSTARS, or any SDG Site, do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. At the request of SDG, any controversy or claim related to this Agreement ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Manhattan, New York. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of SDG, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of SDG to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys' fees.

14. Amendment

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting notice of such amendment, visible upon login, on the websites covered by these terms of use. We also hold the right to email current subscription members of changes, amendments, etc, to the terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, subscriptions members are responsible for updating any and all personal information provided upon registration with current e-mail addresses. In the event that the last e-mail address that subscription members have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

15. Notices

SDG may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in SDG's account information, or by written communication sent by first class mail or pre-paid post to your address on record in SDG's account information. You may give notice to SDG at any time by letter sent by confirmed facsimile to SDG, fax number (310) 578-8144 or by letter delivered by registered mail with return receipt to: Attention Senior Community Manager, Six Degrees Games, 4223 Glencoe Ave, Suite C215, Marina Del Rey, CA 90292. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, SDG complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to SDG designated agent via email at contact@actionallstars.com or via registered US mail sent return receipt to: DMCA Compliance Agent, Sr. Community Manager, 4223 Glencoe Ave, C215, Marina Del Rey, CA 90292.

16. General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY SDG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. This Agreement represents the parties' entire understanding relating to the use of the SDG sites and supersedes any prior or contemporaneous, conflicting or additional, communications. SDG reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between SDG and you as a result of these terms or use of the SDG sites. You may not assign this Agreement without the prior written approval of SDG. Any purported assignment in violation of this section shall be void. SDG reserves the right to use third party providers in the provision of the site and/or goods, service and/or materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by SDG.

17. Online Purchases

Subscriptions

If you purchase a membership on our website, your membership begins at the time that you initially click submit. Memberships cannot be cancelled, except at the end of the membership term. Your membership will automatically renew at the end of your term under a monthly subscription plan. If you do not wish to renew your membership at the end of your term, you may update and/or cancel your subscription via the My Account page and settings. By not cancelling your membership before the expiration of your initial contract term, you are expressly authorizing Action AllStars to renew your membership on a monthly basis and to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Action AllStars service. In the event you choose to continue your membership, we will automatically bill the valid credit or debit card, or checking account provided during registration ("Payment Method"), or to a different Payment Method if you change your account information, each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods if you choose not to renew your membership. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information from within your Parent Account. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your Action AllStars membership will continue in effect unless and until you cancel your membership or we terminate it. If you have purchase a monthly membership, or your membership has been automatically renewed, you must cancel your monthly membership before it renews each month in order to avoid billing of the next month's membership fees. Your renewed monthly membership can be cancelled at anytime and cancellation will be effective immediately. You can cancel your membership at any time by simply choosing cancel from within your Parent Account. Memberships are non-refundable and non-transferable.

Micro Transactions

While playing our games, you will have the opportunity to use online currencies to access elements of the services offered through the Website. You may be required to pay a fee in order to access these services. We reserve the right in our sole discretion to change the amount of online currency necessary to access the services of the Website. YOUR PURCHASE OF ONLINE CURRENCIES IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACTION ALLSTARS ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ELEMENTS WITHIN, or SERVICES PROVIDED THROUGH, THE WEBSITE. We shall have no liability for hacking or loss of online currencies from your account. We have no obligation or responsibility to and will not reimburse you for any online currencies lost due to your violations of these Terms of Service. Action AllStars reserves the right, without prior notification, to limit the order quantity on any online currency and/or to refuse to provide you with any online currency. Verification of certain information applicable to a transaction may be required prior to our acceptance thereof. Price and availability of online currencies are subject to change without notice.

Fees

You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.

Storage of Credit Card Information

You may elect to store your credit card information, for either membership purchases or for micro transaction purchases, on the Website. Any credit card information stored on the Website is subject to our Privacy Policy.

Legal Contact Information

If you have any questions about these terms, or if you would like to request permission to use any Content, please contact our Customer Service Department, contact@actionallstars.com