Effective: June 06, 2014
Welcome to Starmaker! Please read these Terms of Service (the "Terms") carefully because they govern your use of our services accessible via our mobile device applications (each referred to individually as the "App," and collectively the "Apps") as well as our website located at www.starmakerstudios.com (the "Site"), which enable you to create, watch and share audio and video based musical performances with your friends, family and the general public, as further described in these Terms. To make these Terms easier to read, the Site, our services and the Apps are collectively called the "Services."
By accessing or using the Services you agree to be bound by these Terms, whether or not you are a registered user of our Services. These Terms apply to all visitors, registered users, and others who access the Services ("Users"). As long as you comply with these Terms, we authorize you to download and install a copy of the Apps to your mobile device, and to access and use the Services, for your own personal use. You understand and agree that all features available via our Apps may not be available via our Site and vice versa. You may not: (i) copy, modify or distribute the Services or any portion thereof for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services or any portion thereof to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any portion thereof; (iv) make the functionality of the Services or any portion thereof available to multiple users through any means; or (v) use the Services or any portion thereof in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
You may use the Services only if you are 13 years of age or older and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Starmaker may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on access, use and storage or to charge a fee for the use of certain parts of the Services, which we may decide to do at any time, although we will provide you with prior notice before any such fees will take effect.
In order to access certain features of the Services, you'll need to create an account ("Account"). Creating an Account allows you to save, store, and share your content. As part of this Account registration process, you may be requested to provide information about yourself in order to use the Services. You agree to provide and maintain true, accurate, complete and current information as requested by the Services. If you provide any information that is untrue, inaccurate, incomplete or not current, Starmaker has the right to suspend or terminate your Account and may prohibit you from using the Services at any time.
You can create an Account by registering a new email account or by connecting to your Social Network Sites ("SNS") such as Google+ and Facebook. Facebook, YouTube, and Google+ are third party services and by connecting to Starmaker through any of them you give us permission to access and use your information from that service as permitted by that service, and to create an Account based on that information and store your log-in credentials for that service. You may only link your own SNS accounts to Starmaker. We will access and retrieve your account information from linked SNSs on your behalf and make certain information or services available to you through the Services. By linking your SNS accounts, you expressly authorize us to access your SNS account information, on your behalf as your agent and permit us to access, use, and in some cases, store your SNS account information to accomplish the foregoing.
Through the Services, Account holders can use their mobile device's built-in camera to make audio and/or video recordings of themselves singing songs performed by their favorite musical artists (such recordings to be referred to as "Audio Recordings" and "Video Recordings," respectively, and collectively, "Recordings"). For purposes of clarity, an Audio Recording is comprised of only the audible components of a recording, while a Video Recording is comprised of both the visual and audible components of a recording. As part of our Services, we collect and store the Recordings that you choose to make within the Apps while signed into your Account. We do not store or collect Recordings made within the Apps that are not connected with a valid, signed-in Account. When you save a Video Recording on the Services (a "Saved Video Recording"), in addition to being accessible via the Services, this Saved Video Recording is uploaded to one or more Starmaker owned channels on the YouTube platform.
This Saved Video Recording may be used for public, private, or unlisted consumption on the YouTube platform at the sole discretion of Starmaker. Account holders can control who sees their Saved Video Recordings through the Services through the privacy settings on the Services. For example, an Account holder may make a Saved Video Recording private on the Services, which will hide this Saved Video Recording from other users of the Services (and semi-hide it from YouTube users). Account holders may also delete a Saved Video Recording from the Services (which will make that video private on YouTube). By default, all Recordings made and saved by you through the Services are available for public viewing on both the Services and the Starmaker owned channel(s) on YouTube. We strongly caution you that if you do not want Recordings made via the Services to appear in the public domain, DO NOT save them to your Account!
Once an Account holder has saved a Recording to his Account, he can share that Recording with his friends within the Services, post links to that Recording via his SNS accounts, and submit the Recording in contests hosted by Starmaker through the Services. Account holders will also be able to listen to and view Recordings created by others, including Recordings created by Users of the Services that they have chosen to "follow." As an Account holder, you'll be able to view other Users' comments regarding Recordings, and you'll also be able to post your own comments about a third party's Recording (including whether you ‘like' a particular Recording).
When you register for the Services and create an Account, Starmaker will provide you with access to a subset of songs from its music library, to get you started using the Services and creating Recordings.
In-Services Currencies The Services may include a virtual, in-Service currency including, but not limited to Starmaker "tokens" ("Virtual Currency"). The Virtual Currency may be obtained through certain use of and interactions within the Services. For example, by creating a profile, making Recordings, and sharing your Recordings, you may earn Virtual Currency that can be used to purchase goods or services made available through the Services. You can use such Virtual Currency to access additional songs in Starmaker’s library to create Recordings against, and to purchase and download the original versions of those songs. Starmaker’s Virtual Currency is made available to you at the sole discretion of Starmaker and may be discontinued at any time. Virtual Currency can be redeemed solely through the offerings made through the Services that are explicitly offered in exchange for Virtual Currency. Virtual Currencies are digital items only. Your right to use any Virtual Currency that you obtain is limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Currency solely within the Services for consumption of in-Services offerings for your personal and noncommercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Currency, which remain the exclusive property of Starmaker. As stated above, the existence of a particular offer of Virtual Currency is not a commitment by Starmaker to maintain or continue to make the Virtual Currency available in the future. The scope, variety and type of Virtual Currency that you may obtain can change at any time. Starmaker has the absolute right to manage, regulate, control, modify or eliminate such Virtual Currency as it sees fit in its sole discretion, and Starmaker will have no liability to you or anyone for the exercise of such rights. Except where explicitly authorized within the Services: (i) transfers of Virtual Currency are prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Currency for "real world" money or otherwise exchange items for value; and (iii) Starmaker does not recognize any such prohibited purported transfers of Virtual Currency, nor the purported sale, gift or trade in the "real world" of Virtual Currency. Any attempt to do any of the foregoing is in violation of these Terms and will result in an automatic termination of your rights to use the Virtual Currency and may result in termination of your Account and/or access to the Services, and/or possible legal action.Subscriptions In addition to using Virtual Currency, Account holders can purchase subscriptions of various durations (e.g. 1 week, 1 month, 6 months) for unlimited access to the Starmaker music library and other goods and services available via the Services. We reserve the right to add or remove songs to and from our music library, at our discretion. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Starmaker may revise the pricing for subscriptions, goods, and services offered through the Services at any time. If you have any issues in connection with goods or services you have purchased, you should contact us at firstname.lastname@example.org. We will take steps that are appropriate in our sole discretion to resolve such issues.
You are responsible for maintaining the confidentiality of your Account. You agree to notify Starmaker immediately of any unauthorized use of your Account or any other breach of security related to your Account. You are responsible for all activities that occur under your Account whether or not you have knowledge of those activities.
You agree not to use user names, profile names, stagenames or other publicly facing account or profile names that are offensive, obscene, or harassing to others. We reserve the right to reclaim any user name or stagename or require you to remove or change your user name or stagename at any time and for any reason in our sole discretion.
For purposes of these Terms: (i) "Content" means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, uploaded, downloaded, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Our Services allow you and other Users to post, link, store, share and otherwise make available User Content. You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. By making any User Content available through the Services, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license, with the right to grant sublicenses, to access, use, modify, creative derivative works of, publicly perform, publicly display, reproduce, and distribute, in any form, medium, or technology now known or later developed, throughout the universe, your (i) User Content and derivatives thereof for the purposes of operating and providing the Services; and (ii) Saved Video Recordings for any purpose. You and Starmaker agree that Starmaker has the non-exclusive right to monetize your Saved Video Recordings through any available monetization schemes, without any further consent from or obligation to you.
To the extent you include or associate your name, image, biography/resume, recorded words or actions, voice/sound, or photograph in or with your User Content (collectively, your "Likeness"), you hereby grant, and agree to grant, to Starmaker consent and permission, on a royalty-free basis, to use, incorporate, exhibit, reproduce, distribute, promote, and publicize your Likeness, throughout the world, in connection with your User Content and Saved Video Recordings as contemplated herein. Such consent and permission is fully sublicensable by Starmaker through multiple tiers of sublicensees.
You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Starmaker as contemplated herein will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove User Content that you created, saved, or shared from the Services by specifically deleting it. In certain instances, however, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services and/or elsewhere. With respect to Recordings made through the Services: You can change your privacy settings to make an Audio Recording "private", in which case only other Account holders with whom you've shared a link to such Audio Recording will be able to access it. You can also delete an Audio Recording from the Services, which will prevent anyone (including you) from accessing the Audio Recording; however, Starmaker may retain an archived copy on its servers. Through your privacy settings, Video Recordings saved to the Services can be made private on the Services, which will hide such Video Recordings from other users of the Services and semi-hide them from YouTube users. You may also delete a Video Recording from your Account, which will make such Video Recording inaccessible thereafter through the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on the Services.
Subject to the terms and conditions of these Terms, we grant you a license to use the Services, including creating, accessing and viewing Content, for your personal, noncommercial use to allow you to create and share videos and audio, connect with users, comment and interact with User Content as expressly permitted by the features of the Services. Starmaker may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Starmaker reserves all other rights and no other rights are granted by implication or otherwise. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Content (except for your User Content) without our permission.
We strive for a safe and clean community on Starmaker; however, by using the Services, you may be exposed to certain User Content that could be offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any Content available in connection with the Services. Starmaker shall not be liable in any way for any User Content made available via the Services, including but not limited to any errors or omissions in any such User Content or any loss or damage of any kind resulting from any use of such User Content. You may notify Starmaker of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing Starmaker support at email@example.com and Starmaker reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your own User Content) without notice for any reason or for no reason at any time.
If you choose, you may share links to your Recordings on certain of your SNS accounts and via email, through the social sharing functionality we've implemented through the Services.
As part of the Services, you may (if enabled) receive push notifications, alerts, emails, or other types of messages directly sent to you outside or inside the Apps ("Push Messages"). If you decide to enable such Push Messages, you agree to receipt of communications from Starmaker via the Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur relating to these Push Messages depending on the message plan you have with your wireless carrier. As part of providing you the Services, we may need to provide you with certain notifications and communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
We ask that you respect your Starmaker community and other Users when creating and sharing Content and using the Services. When sharing Content or otherwise using the Services, you agree not to:
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services, and to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You are responsible for your interaction with other Users and other parties that you come in contact with through your use of the Services. Starmaker reserves the right, but has no obligation, to monitor and manage interactions between you and other Users. You will fully cooperate with Starmaker to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Starmaker access to any password-protected portions of your Account. We also reserve the right to disclose any information that you submit through the Services, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. This information may be disclosed to the proper authorities that we deem appropriate. Starmaker hereby disclaims any and all liability to you or any third party relating to any dispute between you and other Users.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you can submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Starmaker Interactive Inc., 520 Hampshire St., San Francisco, CA 94110.
Subject to your compliance with these Terms, Starmaker grants you a limited non-exclusive, non-transferable license to download and install a copy of the applicable App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you'll use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Starmaker reserves all rights in and to the App not expressly granted to you under these Terms.
You may close your Account at any time by sending an email to email@example.com. We reserve the right to suspend or terminate your Account for any reason, without notice or liability to you, including if in our sole determination you violate any of these Terms. Upon suspension or termination of your Account, your User Content that was created, commented on, shared, or otherwise originating from the Services will remain on the Services, however, you will not be able to access that content from your Account. Some goods and services are made available for purchase by you for "real world" money through the Services (such as subscriptions to our music library) directly from third party retailers. We have no control or influence over such third party retailers or their refund policies. Should your Account be terminated for any reason prior to your receipt of these goods and services (or in the case of subscriptions, prior to the end of your subscription term), your sole recourse is to seek a refund from the applicable third party retailer. We will take whatever action we deem fit, in our sole discretion, to assist you in securing such a refund, but in no event will we be liable to you in connection with your inability to obtain any refunds.
You agree to indemnify and hold harmless Starmaker and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to: (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your breach of any of these Terms.
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Starmaker. Starmaker does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from the Services, you do so at your own risk and you agree that Starmaker will have no liability arising from your use of or access to any third party website, service, or content.
Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, including in any Content (except for your User Content). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Starmaker and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
You understand and agree that the Services, including without limitation all Content and other subject matter included within the Services, are provided to you "AS IS" and on an "AS AVAILABLE" basis, without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any Content. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any Content.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER STARMAKER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARMAKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL STARMAKER'S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STARMAKER AND YOU.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. You may not assign of transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Starmaker may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Please contact us if you have any questions about our Terms at firstname.lastname@example.org