Terms of Use

) Exclusion of Consequential Damages. IN NO EVENT SHALL STARMEDIA OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE RESPONCES OR WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF STARMEDIA OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

1. Indemnification. Upon request by Starmedia, you agree to defend, indemnify and hold harmless Starmedia and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities for claims of any third party due to or arising out of your violation of any of these Terms and Conditions or your use of the Web Site, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

2 . Links to Third Party Services. The Web Site may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of Starmedia is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Starmedia is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Starmedia of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

3 . Termination. Starmedia reserves the right, in its sole discretion, to terminate Client’s access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, Starmedia will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should termination of client’s access to the Service result from Client’s material breach of the Terms and Conditions of this Agreement, or any other agreement to which Starmedia and Client are a party, Client shall not be entitled to any refund.

4 . General. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Starmedia (e.g., privacy policy) as a condition precedent to Client’s use of the Service), between you and Starmedia regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by Starmedia. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto. The section headings and other headings contained in these Terms and Conditions shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of New York, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Albany, New York, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. Client may not assign or otherwise transfer (by operation of law or otherwise) any of its rights or duties hereunder unless Starmedia agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent of Starmedia shall be null and void ab initio. Starmedia may assign or otherwise transfer any of its rights or the performance of any of its duties hereunder. The waiver by Starmedia of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.