Last Updated Date: October 23, 2012
Welcome to the StarMaker family of applications: recordable, sharable sing-along game for users of an Apple hand-help mobile devices known as iPad, iPhone or iPod Touch (individually, “You”, “Your”). This license agreement (the “Agreement”) governs Your use of the StarMaker applications including StarMaker, The Voice: On Stage and American Idol Live! Tour and the http://www.starmakerstudios.com web application (the “Apps”) as well as use of the Apps’ storefront containing songs, each individual song for use within the Apps, and the sharing features provided by the Apps and the Apps’ web site(s) and web tools (collectively, “StarMaker”). StarMaker is a wholly owned and fully controlled subsidiary of by StarMaker Interactive Inc., (Provider) located at 520 Hampshire Street, Suite 202, San Francisco, CA 94110. By downloading any of the Apps, You are agreeing to be bound by this Agreement which is effective upon Your acceptance and shall remain in effect in perpetuity or until You discontinue Your use of StarMaker Apps as further described below.
1. Scope of Agreement
The rights granted by Provider to You for the Apps are limited to a non-transferable license to use the Apps on any iPad, iPhone or iPod Touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This Agreement does not allow You to use the Apps on any iPad, iPod touch or iPhone that You do not own or control, and You may not distribute or make the Apps available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apps. You may not copy (except as expressly permitted by this Agreement and Apple’s iTunes App Store Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Apps). Any attempt to do so is a violation of the rights of the Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the Agreement will govern any upgrades provided by Provider that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate Agreement in which case the terms of that Agreement will govern.
The license is effective until terminated by You or Provider. Your rights under this license will terminate automatically without notice from the Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Apps, and destroy all copies, full or partial, of the Apps.
3. Consent to Use of Data
You agree that Provider may collect and use data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Apps. Provider may use this information to improve its products or to provide services or technologies to You.
4. Intellectual Property
Certain intellectual property contained in StarMaker, including but not limited to master sound recordings, underlying compositions embodied in the master sound recordings, photographs, videos, brand names and logos and other creative elements which may from time to time become part of StarMaker (collectively, the “Products”), may be owned by third-parties and legally licensed to Provider for use in StarMaker.
a. The Products transacted through the Apps are licensed, not sold, to You for use only under the terms of this Agreement. The Provider reserves all rights not expressly granted to You.
b. You acknowledge that any proprietary content, information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and You agree that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Apps. No portion of the Apps may be reproduced in any form or by any means, with the sole exception of intentionally built and duly licensed Apps-enabled recording and sharing features. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on StarMaker, in any manner, and You shall not exploit StarMaker in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use StarMaker in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of StarMaker.
The Apps allows You to subscribe and to earn virtual currency to exchange for goods and services within the Apps. You agree to pay all fees and applicable taxes incurred by you or anyone using a StarMaker account registered to you. StarMaker may revise the pricing for the subscriptions, goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT STARMAKER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS, TOKENS OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6. User Content
The App enables You to create and embed user-generated content including but not limited to new musical and lyrical work, song naming, and images (collectively, the “UGC”). You expressly acknowledge and agree that any UGC You create or upload to the Apps complies with the following terms and conditions;
a. You will not alter the lyrics that are provided to you as a guide. Provider reserves the right to remove from StarMaker any UGC that fails to comply with this provision in the Agreement;
b. Upon You submitting UGC and using the in-App Share feature, You hereby authorize StarMaker to post such UGC to StarMaker websites for the explicit purpose of displaying such UGC for public consumption, and You will not make UGC that is profane, explicit, or illegal under any laws in the United States of America;
c. Any UGC created by You is hereby deemed a derivative work and You shall not, under any circumstances, make any claim of ownership or lien on such UGC. You acknowledge and agree that the nature of the original music work remains intact as owned and controlled by respective rights holders;
d. You acknowledge that any and all UGC made by You is of free will, and that You irrevocably license such UGC, including but not limited to Your performance(s) and Your image(s), to StarMaker in perpetuity throughout the Universe for use in any way now known or yet to be discovered at StarMaker’s sole discretion. You warrant that you have the right to convey such license provided in this paragraph;
e. The UGC is intended for use solely in the Apps and on the StarMaker website(s). Under no circumstances will You make any attempt to use the UCG outside of StarMaker.
The website, web application and services are intended solely for persons who are 13 or older. Any access to or use of the website, web application or services by anyone under 13 is expressly prohibited. By accessing or using the website, web application or services you represent and warrant that you are 13 or older.
8. Account Registration
You can use basic components of StarMaker without registering but, in order to access certain features of the website, apps and services, and to post any Content on the website or through the apps, you must register to create an account ("Account") and become a member ("Member.") During the registration process, you will be required to provide certain information such as your email address and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. StarMaker reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify StarMaker of any unauthorized use of your Account.
Provider is responsible for addressing any claims of the end-user or any third party relating to the Apps, Your use and possession, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
10. Support and Maintenance
The Provider is solely responsible for the maintenance and support of StarMaker. In the event You have any questions or concerns, contact Provider at email@example.com or via telephone at (415) 355-1550. To the extent that Apple, Inc. and its iTunes service (collectively, the “Service”) delivers the Apps and Products to You, the Service shall bear no responsibility to ensure the Apps functionality or quality. In the event the Service fails to deliver the Apps or Products to You, the Service’s sole responsibility to You is to replace the Apps or Products at no further cost to You.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Apps and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of StarMaker and you hereby irrevocably assign to StarMaker and agree to irrevocably assign to StarMaker all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At StarMaker' request and expense, you will execute documents and take such further acts as StarMaker may reasonably request to assist StarMaker to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
12. Third Party Materials
The Apps enables access to Provider’s and third party services and web sites (collectively and individually, "Outside Networks"). Use of the Outside Networks requires Internet access.
a. You understand that by using any of the Outside Networks, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Outside Networks at Your sole risk and that the Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Third Party Materials may display, include or make available content, data, information, applications or materials or provide links to certain third party web sites. By using the Third Party Materials, You acknowledge and agree that the Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
b. The Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed through Third Party Materials is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained from Third Party Materials, You should consult with a financial professional. Location data provided with Third Party Materials is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed with Third Party Materials.
c. Outside Networks and Third Party Materials that may be accessed from, displayed on or linked to from the iPad, iPhone or iPod touch are not available in all languages or in all countries. The Provider makes no representation that Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Third Party Materials at any time without notice. In no event will the Provider be liable for the removal of or disabling of access to any such Third Party Materials. The Provider may also impose limits on the use of or access to Third Party Materials, in any case and without notice or liability.
13. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPS AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPS ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPSLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
15. Commercial Designation
The Apps and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Apps may also be subject to other local, state, national, or international laws.
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