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StarMaker VR Terms of Service
(For Users in US)
Release Date of this Terms of Service: 11, 14, 2022
Effective Date of this Terms of Service: 11, 14, 2022
Welcome to use StarMaker VR and become a part of our creative community!
Thank you for downloading our mobile software application (hereafter referred to as “App”) owned or controlled by StarMaker VR. (hereafter referred to as "StarMaker," "we," "us" or "our"), and the products, services and features we make available to you as part of the App (together, the “Service”). We hope you love our product and we welcome any feedback you may have.
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the App or using the Service is subject to this Terms of Service, the Privacy Policy (accessible at [Please insert the link to Privacy Policy (US version)] and via our App), the Community Guideline (accessible at https://m.starmakerstudios.com/a-vue3/spa-community/sm and via our App) and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, this "Agreement"). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact StarMaker at [email protected].
For information that requires your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.
Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
• You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
• the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
• the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• you have read, understand and consent that our collection, use and disclosure of your personal data will follow the rules in StarMaker's Privacy Policy available at [Please insert the link to Privacy Policy (US version)];
• you consent to abide by StarMaker's Community Guideline available at https://m.starmakerstudios.com/a-vue3/spa-community/sm to use the Service.
• we provide the App and the Service to you on an "as is" basis without warranties of any kind and StarMaker's liability to you is limited;
• disputes arising between you and StarMaker will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 16 below, you and StarMaker are each waiving the right to a trial by jury or to participate in a class action; and
• if you are using the App on an iOS-based device, then you agree to and acknowledge the "Notice Regarding Apple," below; and
• If you commit dishonest behaviors, violate the Additional Terms (defined in Section 1(g)) or Post (defined in Section 5(a) below) any Objectionable Content (defined in Section 5(i) below) on the Service, then we may - but have no obligation to - take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 3(a) below), removing all of your User Content (defined in Section 5(a) below) from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.
This Terms of Service informs you of the following information:
1. General Terms and Conditions
2. The Service
3. Registration
4. Intellectual Property Rights
5. User Content
6. Restrictions on Use of the Service
7. External Sites
8. Feedback
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
10. Coins and Virtual Goods
11. Limitation of Liability and Disclaimer of Warranties
12. Third Party Disputes
13. Indemnification
14. Term and Termination
15. Consent to Electronic Communications
16. Miscellaneous
17. Contact Us
1. General Terms and Conditions
(a) Consideration
(1) Subject to StarMaker pricing and payment policy in effect at the time you access the App or the Service on the VR distribution platform you choose (such as Oculus, Steam, etc.) or in the App, StarMaker may provide you with access to the App and/or all or part of the Service at no charge or in consideration of the price displayed on the page where you pay to download, purchase, and/or subscribe to the App and/or such Services.
(2) No Rights to Compensation. In return for enjoying free or subscription-based access to the Service, you further acknowledge and agree that StarMaker may generate revenues, increase goodwill or otherwise increase the value of StarMaker from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any musical works, sound recordings or audiovisual clips made available to you on or through the Service, including in any User Recording created by you.
(b) Changes to this Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates StarMaker provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1(b), no revisions to this Agreement will apply to any dispute between you and StarMaker that arose prior to the effective date of such revision.
(c) Privacy Policy. Your access to and use of the Service is also subject to StarMaker's Privacy Policy, the terms and conditions of which are incorporated herein by reference.
(d) Community Guideline. Your access to and use of the Service is also subject to StarMaker’s Community Guideline, the terms and conditions of which are incorporated herein by reference.
(e) Jurisdictional Issues. The Service is controlled and operated by StarMaker from its offices in Singapore. StarMaker makes no representation that materials on the Service are appropriate, lawful or available for use in any location other than Singapore. Those who choose to access or use the Service from locations outside of Singapore (e.g. in the United States) do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
(f) Eligibility. The Service is not for persons under the age of 13 or for any Users previously suspended or removed from the Service by StarMaker. If you are under 13 years of age, you must not use or access the Service without the consent of your parent or legal guardian. And subject to the youth or rating policies of the VR distribution platforms, there may be restrictions on access to certain services for users of certain ages.
(g) Additional Terms. We also may require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. The Service
(a) The Service includes: (1) Karaoke Music Service. Subject to StarMaker's potential blocking of certain content owned or controlled by third parties, which blocking you hereby authorize, the Service enables you to record audiovisual works or audio-only works in a 3-D VR environment appearing like a physical karaoke room, including, by way of example and not limitation, depicting or otherwise capturing you singing along to lyrics ("User Recordings") of (i) sound recordings and the musical works embodied therein made available by StarMaker on the Service through a StarMaker-provided library (each a "Library Track" or “Library Music”); and/or (ii) sound recordings and the musical works embodied therein made available by you through User Content that you Post on the Service (each a "User Track"). Any person who creates a User Recording of either a Library Track or a User Track will be referred to herein as a "Creator." Creators and all other Users of the Service will be referred to herein collectively as "Users"; (2) Music Game Service. The Service enables you to play music VR rhythm-based games along with the StarMaker-provided songs (“Library Music”), which offers end users activities testing their ability to perform certain actions – such as striking or avoiding virtual objects appearing in or passing through the experience – coordinated with the rhythm, tempo, beat, pitch or general structure of the particular composition chosen by the end user. End users are scored in their performance according to (i) their ability to successfully perform the actions at all; and (ii) the accuracy in time of the performance of the actions according to the rhythm, tempo, beat, pitch or general structure of the composition. (“Music Games”); and (3) any other services from time to time provided by us, if any.
(b) Private Accounts. You control whether your User Recordings are made publicly available on the Service or only available to people you approve. To restrict access to your User Recordings, you should select the privacy setting available within the App.
(c) The Services via VR Device. The Service will be accessible via a portable device such as Oculus Quest headset and other similar virtual reality hardware (collectively, "VR Device"). Your VR Device's normal messaging, data and other rates and fees will apply to your use of the Services. In addition, downloading, installing or using certain Services may be prohibited or restricted by your VR Device operator, and not all the Services may work with all devices. Therefore, you are solely responsible for checking with your VR Device to determine if the Services are available for your VR Device(s), what restrictions, if any, may be applicable to your use of the Services, and how much they will cost you. Nevertheless, all use of the App and the related Services must be in accordance with this Agreement.
3. Registration
(a) Log-In Credentials. Before using the App, it is necessary for you to register the account of the VR distribution platform (such as Oculus, PlayStation, Steam, Pico, etc.), then you can use the above account to login the App (an "Account").
(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify StarMaker immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. StarMaker will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying StarMaker of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as StarMaker requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of StarMaker, or violate any applicable laws or regulations.
4. Intellectual Property Rights
(a) License. Subject to your complete and ongoing compliance with this Agreement, StarMaker hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement. Your use of Library Tracks and/or Library Music and/or Music Games is strictly limited to use within the Service and as authorized by this Agreement. Any use outside the Service or in violation of this Agreement is unauthorized and may subject you to infringement liability.
(b) User Tracks. Nothing in this Agreement grants you a license to reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including, but not limited to, User Tracks in your User Recordings. You are solely responsible for clearing the rights to any third party content, including, but not limited to User Tracks for use in User Recordings.
(c) Limitations on Use and Modification. Nothing in this Agreement authorizes you to, with respect to User Recordings, (i) use any aspect of any musical work or sound recording in a manner that is not expressly permitted by this Agreement; (ii) modify, change or adapt the lyrics, compositions or fundamental characters of any musical work or sound recording; (iii) to use the story of any musical work; or (iv) to criticize any copyright owner, author, composer or lyricist of any musical work or sound recording. For clarity, any violation of the preceding sentence and/or any other terms set forth in this Section 4 may be deemed copyright infringement absent any defenses available under applicable law.
(d) Third Party Consent for User Recordings. You hereby acknowledge and agree that if you (i) intend to Post a User Recording to any External Sites; or (ii) use a User Recording for any commercial purpose, then, in each case, you must obtain all necessary consents from each owner of any third party content included in your User Recording. For the purposes of the foregoing sentence, "commercial purpose" means any purpose that may directly or indirectly generate income, revenue, good will or any other tangible or intangible benefit for you or any third party, excluding StarMaker.
(e) Content. Except for User Content, the content that StarMaker provides to Users on or through the Service, including without limitation, any Library Tracks, Library Music, Music Games, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by StarMaker or its third party licensors (collectively, the "StarMaker Content"). Moreover, StarMaker solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill. You obtain no copyright or other interest in any Library Track/Library Music/Music Games obtained by you on or through the Service, including, but not limited to, those Library Tracks/Library Music/Music Games that may be used by you in any User Recording or Music Games. Any uses of Library Tracks/Library Music/Music Games by you that are not authorized under this Agreement are subject to all rights of the copyright owners of such Library Tracks/Library Music/Music Games in law and equity. You are expressly prohibited from monetizing any User Recording or music elements embodying Library Tracks/Library Music/Music Games within the Service or on any third party service (e.g., you may not claim and monetize a User Recording on Facebook or YouTube).
(f) Marks. StarMaker trademarks, service marks and logos (the "StarMaker Trademarks") used and displayed on the Service are StarMaker's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with StarMaker Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage StarMaker or the applicable third-party, StarMaker's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without StarMaker's prior express written consent. All goodwill generated from the use of any StarMaker Trademark will inure solely to StarMaker's benefit.
(g) Restrictions. StarMaker hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any StarMaker Content or Trademarks located or displayed therein.
5. User Content
(a) Definition. "User Content" means any content that Users upload, post or transmit (collectively, "Post" to or through the Service including, without limitation, any text, photographs, User Recordings in the form of audio or audio-visual video (including User Tracks embodied therein), and any other works subject to protection under the laws of Singapore or any other jurisdiction, including, but not limited to, patent, trademark, trade secret and copyright laws, and excludes any and all StarMaker Content (including, without limitation, any Library Tracks incorporated into User Recordings).
(b) Screening User Content. StarMaker offers Users the ability to submit User Content to or transmit through the Service. StarMaker does not pre-screen any User Content, but reserves the right, with or without notice, to remove, disallow, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content (i) that we consider to violate this Agreement, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users or licensors of any StarMaker Content or any governmental authorities, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, StarMaker also has the right - but not the obligation - to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully in Section 5(i) below. We recommend that you save copies of any User Recordings that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Recordings. StarMaker does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will StarMaker be liable in any way for any User Content, where permissible under applicable laws and regulations.
(c) Intellectual Property Rights. As a condition of your access to and use of the Service, you agree not to use your User Content to infringe on any intellectual property rights. We reserve the rights, with or without notice, at any time and in our sole discretion, to take down, block access to and/or terminate your User Content and/or your account which infringes or is alleged to infringe any copyrights or other intellectual property right. Subject to any third party rights in any preexisting content included within your User Content, including StarMaker Content, you retain ownership of any rights you may have in your User Content and submitting your User Content to the Service does not transfer ownership of your rights and by submitting User Content to the Service will not eliminate you as the copyright owner. Notwithstanding the foregoing, you acknowledge and agree that no User Recording will be considered to be a separate copyrightable work and all rights in each User Recording will belong to the owners of the content used to create such User Recording.
(d) Licenses to User Content. By submitting User Content on or through the Service, you hereby grant StarMaker an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, "Use") all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing and promoting StarMaker and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this Agreement. You further grant StarMaker a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to StarMaker, any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to StarMaker will be considered non-confidential and non-proprietary, and treated as such by StarMaker, and may be used by StarMaker in accordance with this Agreement without notice to you and without any liability to StarMaker. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting StarMaker the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
(e) You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings to the Service unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to StarMaker under this Agreement. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this Agreement; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
(f) Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this Agreement to us. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this Agreement or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in this Agreement. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.
(g) Through-To-The-Audience Rights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
(h) Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
(i) Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force; (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide); or (iii) with respect to Library Tracks, harshly critical of any Library Track, the copyright owner(s) thereof, or any author, contributor or royalty participant of any Library Track; (iv) belonging to another person over which you do not have any right; (v) harming minors in any way; (vi) deceiving or misleading the addressee or recipient of such information about the origin of such information; (vii) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation. (viii) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or (ix) infringing any patent, trademark, copyright or other proprietary rights; in each of clauses (i - ix) of this paragraph, as StarMaker may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm himself or herself or any other person. If you encounter any Objectionable Content on the Service, then please immediately email StarMaker at [email protected] or inform us through the functionality offered on the Service. You acknowledge and agree that StarMaker provides you with the ability to report Objectionable Content as a courtesy, and StarMaker has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, StarMaker in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
(j) Modifications. StarMaker's Service is interactive. Thus, your User Content may be modified by other Users of the Service without your prior approval, such as recording collaboration videos. Such modifications may enhance or detract from your User Content and you. You acknowledge and agree that other Users of the Service may so modify your User Content at any time following submission thereof and assume the risks related thereto.
(k) Endorsements. Notwithstanding any other provision of this Agreement, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission's ("FTC") Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such Guides may be amended from time-to-time by the Federal Trade Commission. Follow this link for further information on complying with the FTC's guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.
(l) No Liability. For the avoidance of doubt, StarMaker will not be liable for any unauthorized use of User Content by any User.
6. Restrictions on Use of the Service
(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
(1) make unauthorized copies of any content made available on or through the Service;
(2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
(4) delete or alter any material StarMaker or any other person or entity Posts on the Service without authorization;
(5) frame or link to any of the materials or information available on the Service;
(6) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
(7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to StarMaker or obtained from the Service;
(8) access, tamper with or use non-public areas of the Service, StarMaker's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of StarMaker's providers;
(9) provide any false personal information to StarMaker;
(10) create a false identity or impersonate another person or entity in any way;
(11) create a new account with StarMaker, without StarMaker's express written consent, if StarMaker has previously disabled an account of yours;
(12) solicit, or attempt to solicit, personal information from other Users of the Service;
(13) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;
(14) use the Service to send emails or other communications to persons who have requested that you not send them communications;
(15) use the Service, without StarMaker's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(16) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
(17) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
(18) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
(19) post any Objectionable Content and/or any User Content in breach of the Community Guideline; or
(20) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.
(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against StarMaker with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless StarMaker, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
7. External Sites
The Service may contain links to or the ability to share information with third party websites ("External Sites"). StarMaker does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. StarMaker is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that StarMaker will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
8. Feedback
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to StarMaker, you agree that:
(a) StarMaker has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
(b) Feedback is provided on a non-confidential basis, and StarMaker is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
(c) You irrevocably grant StarMaker perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
(a) Respect of Third Party Rights. StarMaker respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
(b) Repeat Infringer Policy. StarMaker's intellectual property policy is to (i) remove or disable access to material that StarMaker believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers”. StarMaker considers a “repeat infringer” to be any User that has uploaded User Content or Feedback to or through the Service and for whom StarMaker has received more than two takedown notices compliant with respect to such User Content or Feedback. StarMaker has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon StarMaker’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please promptly send a report (“Notification of Claimed Infringement”) containing the following information to the Designated Agent ([email protected]) identified below by email. Your Notification of Claimed Infringement may be shared by StarMaker with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to StarMaker making such disclosure. Your communication must include substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
(3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StarMaker to locate the material;
(4) Information reasonably sufficient to permit StarMaker to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
(d) Upon receiving notification in the manner prescribed above, StarMaker may disable access to or remove such infringing content.
(e) Designated Agent Contact Information. StarMaker's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at: Via E-mail: [email protected]
(f) Counter Notification. If you receive a notification from StarMaker that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide StarMaker with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to StarMaker's Designated Agent through one of the methods identified in Section 9 (e) and include substantially the following information:
(1) A physical or electronic signature of the subscriber;
(2) Identification 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;
(3) A statement under penalty of perjury that the subscriber has 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; and
(4) The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, then for any judicial district in which StarMaker may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9 (d) above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the applicable copyright laws.
(g) Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to StarMaker in response to a Notification of Claimed Infringement, then StarMaker will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that StarMaker will replace the removed User Content or Feedback or cease disabling access to it in reasonable time, and StarMaker will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless StarMaker's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on StarMaker's system or network.
(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of StarMaker relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. StarMaker reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable laws.
10. Coins and Virtual Goods
The following terms apply to the extent permitted by law:
(a) Coins. StarMaker may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). Coins can only be used in connection with the Service as permitted by StarMaker and you may view your balance of Coins at any time in your personal profile. Once redeemed for consumption, Coins will be deducted from your account balance and cannot be used again. In the event of any dispute, StarMaker shall have the final determination over the calculation of your Coin account balance. StarMaker may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by StarMaker in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that StarMaker has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that StarMaker will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the App or any other terminology used by StarMaker, Coins have no monetary or “real world” value and can only be used with the Service. Coins may not be redeemed or exchanged for “real” currency or any legal tender out of the Service. StarMaker reserves the right to revoke the licenses to them, at any time without notice.
(b) Virtual Goods. The Service may also offer you the ability to redeem Coins to obtain virtual goods, such as virtual accessories for dressing up the avatar (“Virtual Goods”). Similar to Coins, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by StarMaker for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are StarMaker Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by StarMaker. The amount of Coins needed to obtain Virtual Goods will be displayed at the point of redemption. StarMaker may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and StarMaker may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.
(c) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Coins or Virtual Goods. Unless authorized in the Service, StarMaker prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless StarMaker expressly pre-approves the applicable event in writing. Coins and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. StarMaker may revise the pricing for Coins or Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Coins or Virtual Goods will automatically terminate and you will lose access to applicable Coins and Virtual Goods permanently. StarMaker also reserves the right to terminate your Account and to remove all your Coins and Virtual Goods if your Account has been inactive for 365 days. If StarMaker reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins or Virtual Goods, StarMaker reserves the right to restrict your access to and use of Coins, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, StarMaker may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that StarMaker incurs in connection with the violation.
You acknowledge that you have no ownership or other property interest in the Coins or Virtual Goods, and that you will not receive money or other compensation for unused Coins or Virtual Goods when an Account is closed or terminated, whether the applicable closure was voluntary or involuntary.
11. Limitation of Liability and Disclaimer of Warranties
The following terms in this Section apply to the fullest extent permitted by law:
(a) StarMaker, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the "StarMaker Parties") make no warranties or representations about the Service and any content (including gifts) available on the Service, including, but not limited to, the accuracy, reliability, completeness appropriateness, timeliness or reliability thereof. The StarMaker Parties will not be subject to liability for the truth, accuracy or completeness of any content on the Service or any other information conveyed to any User, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a User, you agree that you use the Service and any content thereon at your own risk. You are solely responsible for all content you upload to the Service.
(b) The StarMaker Parties do not warrant that the Service will operate error free, or that the Service and any content thereon (including gifts) are free of computer viruses or similar contamination or destructive features. If your use of the Service or any content thereon results in the need for servicing or replacing equipment or data, no StarMaker party will be responsible for those costs.
(c) The Service and all content thereon (including gifts) are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, the StarMaker Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.
(d) In no event will any StarMaker party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such StarMaker Party has been advised of the possibility of such damages. StarMaker's liability, and the liability of any other StarMaker Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us for any gifts and U.S. $100.
(e) You specifically acknowledge that StarMaker shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the StarMaker Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the StarMaker Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of StarMaker Content or the Service; or (c) your User Content. StarMaker will provide notice to you of any such claim, suit or proceeding. StarMaker reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if StarMaker believes that you are unwilling or incapable of defending StarMaker's interests. In such case, you agree to cooperate with any reasonable requests assisting StarMaker's defense of such matter at your expense.
14. Term and Termination
(a) Term. As between you and StarMaker, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or StarMaker.
(b) Termination. You may terminate this Agreement by sending written notification to StarMaker at [email protected], deleting the App from your mobile device and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this Agreement. StarMaker reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party copyright owner of musical works or sound recordings. StarMaker may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address associated with your account credentials. StarMaker reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
(c) Sections 1(a), 1(c), 1(d), 1(e), 1(f), 3(b), 4-17 and all defined terms used therein will survive the termination of this Agreement indefinitely.
15. Consent to Electronic Communications
By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Miscellaneous
(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and StarMaker as a result of this Agreement or use of the Service.
(c) You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and StarMaker other than pursuant to this Agreement.
(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
(e) Failure of StarMaker to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against StarMaker unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
(f) Except as expressly agreed by StarMaker and you, this Agreement constitutes the entire agreement between you and StarMaker with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
(g) The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns.
(h) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of StarMaker. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting any the App from your device prior to such disposition. StarMaker may assign this Agreement, including all its rights hereunder, without restriction.
(i) If StarMaker provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
17. Contact Us
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by email at [email protected].
Company Name: Star Shine Entertainment Pte. Ltd.
Address: 7 Straits View, Marina One East Tower, #05-01, Singapore 018936
(For Users in US)
Release Date of this Terms of Service: 11, 14, 2022
Effective Date of this Terms of Service: 11, 14, 2022
Welcome to use StarMaker VR and become a part of our creative community!
Thank you for downloading our mobile software application (hereafter referred to as “App”) owned or controlled by StarMaker VR. (hereafter referred to as "StarMaker," "we," "us" or "our"), and the products, services and features we make available to you as part of the App (together, the “Service”). We hope you love our product and we welcome any feedback you may have.
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the App or using the Service is subject to this Terms of Service, the Privacy Policy (accessible at [Please insert the link to Privacy Policy (US version)] and via our App), the Community Guideline (accessible at https://m.starmakerstudios.com/a-vue3/spa-community/sm and via our App) and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, this "Agreement"). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact StarMaker at [email protected].
For information that requires your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.
Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
• You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
• the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
• the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• you have read, understand and consent that our collection, use and disclosure of your personal data will follow the rules in StarMaker's Privacy Policy available at [Please insert the link to Privacy Policy (US version)];
• you consent to abide by StarMaker's Community Guideline available at https://m.starmakerstudios.com/a-vue3/spa-community/sm to use the Service.
• we provide the App and the Service to you on an "as is" basis without warranties of any kind and StarMaker's liability to you is limited;
• disputes arising between you and StarMaker will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 16 below, you and StarMaker are each waiving the right to a trial by jury or to participate in a class action; and
• if you are using the App on an iOS-based device, then you agree to and acknowledge the "Notice Regarding Apple," below; and
• If you commit dishonest behaviors, violate the Additional Terms (defined in Section 1(g)) or Post (defined in Section 5(a) below) any Objectionable Content (defined in Section 5(i) below) on the Service, then we may - but have no obligation to - take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 3(a) below), removing all of your User Content (defined in Section 5(a) below) from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.
This Terms of Service informs you of the following information:
1. General Terms and Conditions
2. The Service
3. Registration
4. Intellectual Property Rights
5. User Content
6. Restrictions on Use of the Service
7. External Sites
8. Feedback
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
10. Coins and Virtual Goods
11. Limitation of Liability and Disclaimer of Warranties
12. Third Party Disputes
13. Indemnification
14. Term and Termination
15. Consent to Electronic Communications
16. Miscellaneous
17. Contact Us
1. General Terms and Conditions
(a) Consideration
(1) Subject to StarMaker pricing and payment policy in effect at the time you access the App or the Service on the VR distribution platform you choose (such as Oculus, Steam, etc.) or in the App, StarMaker may provide you with access to the App and/or all or part of the Service at no charge or in consideration of the price displayed on the page where you pay to download, purchase, and/or subscribe to the App and/or such Services.
(2) No Rights to Compensation. In return for enjoying free or subscription-based access to the Service, you further acknowledge and agree that StarMaker may generate revenues, increase goodwill or otherwise increase the value of StarMaker from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any musical works, sound recordings or audiovisual clips made available to you on or through the Service, including in any User Recording created by you.
(b) Changes to this Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates StarMaker provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1(b), no revisions to this Agreement will apply to any dispute between you and StarMaker that arose prior to the effective date of such revision.
(c) Privacy Policy. Your access to and use of the Service is also subject to StarMaker's Privacy Policy, the terms and conditions of which are incorporated herein by reference.
(d) Community Guideline. Your access to and use of the Service is also subject to StarMaker’s Community Guideline, the terms and conditions of which are incorporated herein by reference.
(e) Jurisdictional Issues. The Service is controlled and operated by StarMaker from its offices in Singapore. StarMaker makes no representation that materials on the Service are appropriate, lawful or available for use in any location other than Singapore. Those who choose to access or use the Service from locations outside of Singapore (e.g. in the United States) do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
(f) Eligibility. The Service is not for persons under the age of 13 or for any Users previously suspended or removed from the Service by StarMaker. If you are under 13 years of age, you must not use or access the Service without the consent of your parent or legal guardian. And subject to the youth or rating policies of the VR distribution platforms, there may be restrictions on access to certain services for users of certain ages.
(g) Additional Terms. We also may require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. The Service
(a) The Service includes: (1) Karaoke Music Service. Subject to StarMaker's potential blocking of certain content owned or controlled by third parties, which blocking you hereby authorize, the Service enables you to record audiovisual works or audio-only works in a 3-D VR environment appearing like a physical karaoke room, including, by way of example and not limitation, depicting or otherwise capturing you singing along to lyrics ("User Recordings") of (i) sound recordings and the musical works embodied therein made available by StarMaker on the Service through a StarMaker-provided library (each a "Library Track" or “Library Music”); and/or (ii) sound recordings and the musical works embodied therein made available by you through User Content that you Post on the Service (each a "User Track"). Any person who creates a User Recording of either a Library Track or a User Track will be referred to herein as a "Creator." Creators and all other Users of the Service will be referred to herein collectively as "Users"; (2) Music Game Service. The Service enables you to play music VR rhythm-based games along with the StarMaker-provided songs (“Library Music”), which offers end users activities testing their ability to perform certain actions – such as striking or avoiding virtual objects appearing in or passing through the experience – coordinated with the rhythm, tempo, beat, pitch or general structure of the particular composition chosen by the end user. End users are scored in their performance according to (i) their ability to successfully perform the actions at all; and (ii) the accuracy in time of the performance of the actions according to the rhythm, tempo, beat, pitch or general structure of the composition. (“Music Games”); and (3) any other services from time to time provided by us, if any.
(b) Private Accounts. You control whether your User Recordings are made publicly available on the Service or only available to people you approve. To restrict access to your User Recordings, you should select the privacy setting available within the App.
(c) The Services via VR Device. The Service will be accessible via a portable device such as Oculus Quest headset and other similar virtual reality hardware (collectively, "VR Device"). Your VR Device's normal messaging, data and other rates and fees will apply to your use of the Services. In addition, downloading, installing or using certain Services may be prohibited or restricted by your VR Device operator, and not all the Services may work with all devices. Therefore, you are solely responsible for checking with your VR Device to determine if the Services are available for your VR Device(s), what restrictions, if any, may be applicable to your use of the Services, and how much they will cost you. Nevertheless, all use of the App and the related Services must be in accordance with this Agreement.
3. Registration
(a) Log-In Credentials. Before using the App, it is necessary for you to register the account of the VR distribution platform (such as Oculus, PlayStation, Steam, Pico, etc.), then you can use the above account to login the App (an "Account").
(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify StarMaker immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. StarMaker will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying StarMaker of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as StarMaker requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of StarMaker, or violate any applicable laws or regulations.
4. Intellectual Property Rights
(a) License. Subject to your complete and ongoing compliance with this Agreement, StarMaker hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement. Your use of Library Tracks and/or Library Music and/or Music Games is strictly limited to use within the Service and as authorized by this Agreement. Any use outside the Service or in violation of this Agreement is unauthorized and may subject you to infringement liability.
(b) User Tracks. Nothing in this Agreement grants you a license to reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including, but not limited to, User Tracks in your User Recordings. You are solely responsible for clearing the rights to any third party content, including, but not limited to User Tracks for use in User Recordings.
(c) Limitations on Use and Modification. Nothing in this Agreement authorizes you to, with respect to User Recordings, (i) use any aspect of any musical work or sound recording in a manner that is not expressly permitted by this Agreement; (ii) modify, change or adapt the lyrics, compositions or fundamental characters of any musical work or sound recording; (iii) to use the story of any musical work; or (iv) to criticize any copyright owner, author, composer or lyricist of any musical work or sound recording. For clarity, any violation of the preceding sentence and/or any other terms set forth in this Section 4 may be deemed copyright infringement absent any defenses available under applicable law.
(d) Third Party Consent for User Recordings. You hereby acknowledge and agree that if you (i) intend to Post a User Recording to any External Sites; or (ii) use a User Recording for any commercial purpose, then, in each case, you must obtain all necessary consents from each owner of any third party content included in your User Recording. For the purposes of the foregoing sentence, "commercial purpose" means any purpose that may directly or indirectly generate income, revenue, good will or any other tangible or intangible benefit for you or any third party, excluding StarMaker.
(e) Content. Except for User Content, the content that StarMaker provides to Users on or through the Service, including without limitation, any Library Tracks, Library Music, Music Games, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by StarMaker or its third party licensors (collectively, the "StarMaker Content"). Moreover, StarMaker solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill. You obtain no copyright or other interest in any Library Track/Library Music/Music Games obtained by you on or through the Service, including, but not limited to, those Library Tracks/Library Music/Music Games that may be used by you in any User Recording or Music Games. Any uses of Library Tracks/Library Music/Music Games by you that are not authorized under this Agreement are subject to all rights of the copyright owners of such Library Tracks/Library Music/Music Games in law and equity. You are expressly prohibited from monetizing any User Recording or music elements embodying Library Tracks/Library Music/Music Games within the Service or on any third party service (e.g., you may not claim and monetize a User Recording on Facebook or YouTube).
(f) Marks. StarMaker trademarks, service marks and logos (the "StarMaker Trademarks") used and displayed on the Service are StarMaker's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with StarMaker Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage StarMaker or the applicable third-party, StarMaker's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without StarMaker's prior express written consent. All goodwill generated from the use of any StarMaker Trademark will inure solely to StarMaker's benefit.
(g) Restrictions. StarMaker hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any StarMaker Content or Trademarks located or displayed therein.
5. User Content
(a) Definition. "User Content" means any content that Users upload, post or transmit (collectively, "Post" to or through the Service including, without limitation, any text, photographs, User Recordings in the form of audio or audio-visual video (including User Tracks embodied therein), and any other works subject to protection under the laws of Singapore or any other jurisdiction, including, but not limited to, patent, trademark, trade secret and copyright laws, and excludes any and all StarMaker Content (including, without limitation, any Library Tracks incorporated into User Recordings).
(b) Screening User Content. StarMaker offers Users the ability to submit User Content to or transmit through the Service. StarMaker does not pre-screen any User Content, but reserves the right, with or without notice, to remove, disallow, block or delete any User Content in its sole discretion and at any time. In addition, we have the right - but not the obligation - in our sole discretion and at any time, with or without notice, to remove, disallow, block or delete any User Content (i) that we consider to violate this Agreement, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users or licensors of any StarMaker Content or any governmental authorities, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, StarMaker also has the right - but not the obligation - to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully in Section 5(i) below. We recommend that you save copies of any User Recordings that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Recordings. StarMaker does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will StarMaker be liable in any way for any User Content, where permissible under applicable laws and regulations.
(c) Intellectual Property Rights. As a condition of your access to and use of the Service, you agree not to use your User Content to infringe on any intellectual property rights. We reserve the rights, with or without notice, at any time and in our sole discretion, to take down, block access to and/or terminate your User Content and/or your account which infringes or is alleged to infringe any copyrights or other intellectual property right. Subject to any third party rights in any preexisting content included within your User Content, including StarMaker Content, you retain ownership of any rights you may have in your User Content and submitting your User Content to the Service does not transfer ownership of your rights and by submitting User Content to the Service will not eliminate you as the copyright owner. Notwithstanding the foregoing, you acknowledge and agree that no User Recording will be considered to be a separate copyrightable work and all rights in each User Recording will belong to the owners of the content used to create such User Recording.
(d) Licenses to User Content. By submitting User Content on or through the Service, you hereby grant StarMaker an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, "Use") all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing and promoting StarMaker and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this Agreement. You further grant StarMaker a royalty-free license to use your username, image, voice and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to StarMaker, any User Content that you consider to be confidential or proprietary. Any User Content Posted by you to or through the Service or transmitted to StarMaker will be considered non-confidential and non-proprietary, and treated as such by StarMaker, and may be used by StarMaker in accordance with this Agreement without notice to you and without any liability to StarMaker. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting StarMaker the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
(e) You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings to the Service unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to StarMaker under this Agreement. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this Agreement; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
(f) Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this Agreement to us. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this Agreement or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in this Agreement. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.
(g) Through-To-The-Audience Rights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
(h) Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
(i) Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the applicable laws in force; (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide); or (iii) with respect to Library Tracks, harshly critical of any Library Track, the copyright owner(s) thereof, or any author, contributor or royalty participant of any Library Track; (iv) belonging to another person over which you do not have any right; (v) harming minors in any way; (vi) deceiving or misleading the addressee or recipient of such information about the origin of such information; (vii) threatening the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation. (viii) patently false and untrue and having been written or published with the intent to harass or mislead for financial gain, or causing injury to any person; or is patently false or misleading, but is knowingly and intentionally communicated as it can be reasonably perceived as a fact; or (ix) infringing any patent, trademark, copyright or other proprietary rights; in each of clauses (i - ix) of this paragraph, as StarMaker may determine in its sole and absolute discretion (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm himself or herself or any other person. If you encounter any Objectionable Content on the Service, then please immediately email StarMaker at [email protected] or inform us through the functionality offered on the Service. You acknowledge and agree that StarMaker provides you with the ability to report Objectionable Content as a courtesy, and StarMaker has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, StarMaker in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
(j) Modifications. StarMaker's Service is interactive. Thus, your User Content may be modified by other Users of the Service without your prior approval, such as recording collaboration videos. Such modifications may enhance or detract from your User Content and you. You acknowledge and agree that other Users of the Service may so modify your User Content at any time following submission thereof and assume the risks related thereto.
(k) Endorsements. Notwithstanding any other provision of this Agreement, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission's ("FTC") Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such Guides may be amended from time-to-time by the Federal Trade Commission. Follow this link for further information on complying with the FTC's guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.
(l) No Liability. For the avoidance of doubt, StarMaker will not be liable for any unauthorized use of User Content by any User.
6. Restrictions on Use of the Service
(a) In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
(1) make unauthorized copies of any content made available on or through the Service;
(2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
(4) delete or alter any material StarMaker or any other person or entity Posts on the Service without authorization;
(5) frame or link to any of the materials or information available on the Service;
(6) alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
(7) use any trademarks, service marks, design marks, logos, photographs or other content belonging to StarMaker or obtained from the Service;
(8) access, tamper with or use non-public areas of the Service, StarMaker's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of StarMaker's providers;
(9) provide any false personal information to StarMaker;
(10) create a false identity or impersonate another person or entity in any way;
(11) create a new account with StarMaker, without StarMaker's express written consent, if StarMaker has previously disabled an account of yours;
(12) solicit, or attempt to solicit, personal information from other Users of the Service;
(13) restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate Users of the Service;
(14) use the Service to send emails or other communications to persons who have requested that you not send them communications;
(15) use the Service, without StarMaker's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(16) gain unauthorized access to the Service, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
(17) post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
(18) interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
(19) post any Objectionable Content and/or any User Content in breach of the Community Guideline; or
(20) violate any applicable federal, state or local laws or regulations or the terms of this Agreement.
(b) You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against StarMaker with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless StarMaker, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
7. External Sites
The Service may contain links to or the ability to share information with third party websites ("External Sites"). StarMaker does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. StarMaker is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that StarMaker will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
8. Feedback
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to StarMaker, you agree that:
(a) StarMaker has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
(b) Feedback is provided on a non-confidential basis, and StarMaker is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
(c) You irrevocably grant StarMaker perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
(a) Respect of Third Party Rights. StarMaker respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
(b) Repeat Infringer Policy. StarMaker's intellectual property policy is to (i) remove or disable access to material that StarMaker believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers”. StarMaker considers a “repeat infringer” to be any User that has uploaded User Content or Feedback to or through the Service and for whom StarMaker has received more than two takedown notices compliant with respect to such User Content or Feedback. StarMaker has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon StarMaker’s own determination.
(c) Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes or is alleged to infringe an intellectual property right you own or control, then please promptly send a report (“Notification of Claimed Infringement”) containing the following information to the Designated Agent ([email protected]) identified below by email. Your Notification of Claimed Infringement may be shared by StarMaker with the User alleged to have infringed an intellectual property right you own or control, and you hereby consent to StarMaker making such disclosure. Your communication must include substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
(2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
(3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StarMaker to locate the material;
(4) Information reasonably sufficient to permit StarMaker to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(7) You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
(d) Upon receiving notification in the manner prescribed above, StarMaker may disable access to or remove such infringing content.
(e) Designated Agent Contact Information. StarMaker's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at: Via E-mail: [email protected]
(f) Counter Notification. If you receive a notification from StarMaker that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide StarMaker with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to StarMaker's Designated Agent through one of the methods identified in Section 9 (e) and include substantially the following information:
(1) A physical or electronic signature of the subscriber;
(2) Identification 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;
(3) A statement under penalty of perjury that the subscriber has 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; and
(4) The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, then for any judicial district in which StarMaker may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9 (d) above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the applicable copyright laws.
(g) Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to StarMaker in response to a Notification of Claimed Infringement, then StarMaker will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that StarMaker will replace the removed User Content or Feedback or cease disabling access to it in reasonable time, and StarMaker will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless StarMaker's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on StarMaker's system or network.
(h) False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of StarMaker relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. StarMaker reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable laws.
10. Coins and Virtual Goods
The following terms apply to the extent permitted by law:
(a) Coins. StarMaker may offer you the ability to purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual coins or other virtual currency exclusively within the Service (“Coins”). Coins can only be used in connection with the Service as permitted by StarMaker and you may view your balance of Coins at any time in your personal profile. Once redeemed for consumption, Coins will be deducted from your account balance and cannot be used again. In the event of any dispute, StarMaker shall have the final determination over the calculation of your Coin account balance. StarMaker may make certain features or functionality of the Service available that allow or require the redemption of Coins, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Coins may be redeemed. The cost to purchase Coins is determined by StarMaker in its sole discretion, including any discounts or promotions, and may be changed at any time. You agree that StarMaker has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Coins as it sees fit in its sole discretion, and that StarMaker will have no liability to you based on its exercise of these rights. Notwithstanding any language to the contrary contained in the App or any other terminology used by StarMaker, Coins have no monetary or “real world” value and can only be used with the Service. Coins may not be redeemed or exchanged for “real” currency or any legal tender out of the Service. StarMaker reserves the right to revoke the licenses to them, at any time without notice.
(b) Virtual Goods. The Service may also offer you the ability to redeem Coins to obtain virtual goods, such as virtual accessories for dressing up the avatar (“Virtual Goods”). Similar to Coins, Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by StarMaker for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are StarMaker Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by StarMaker. The amount of Coins needed to obtain Virtual Goods will be displayed at the point of redemption. StarMaker may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and StarMaker may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.
(c) Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you in connection with the Coins or Virtual Goods. Unless authorized in the Service, StarMaker prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the “real world” of any Coins or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless StarMaker expressly pre-approves the applicable event in writing. Coins and Virtual Goods are solely for your personal, non-commercial use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Section constitutes a material breach of the Agreement and may result in the termination of your ability to access the Service. StarMaker may revise the pricing for Coins or Virtual Goods, or any other items offered through the Services, at any time. If your Account is terminated for any reason, including due to a violation of our Agreement, then your license to any Coins or Virtual Goods will automatically terminate and you will lose access to applicable Coins and Virtual Goods permanently. StarMaker also reserves the right to terminate your Account and to remove all your Coins and Virtual Goods if your Account has been inactive for 365 days. If StarMaker reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Coins or Virtual Goods, StarMaker reserves the right to restrict your access to and use of Coins, Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, StarMaker may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that StarMaker incurs in connection with the violation.
You acknowledge that you have no ownership or other property interest in the Coins or Virtual Goods, and that you will not receive money or other compensation for unused Coins or Virtual Goods when an Account is closed or terminated, whether the applicable closure was voluntary or involuntary.
11. Limitation of Liability and Disclaimer of Warranties
The following terms in this Section apply to the fullest extent permitted by law:
(a) StarMaker, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the "StarMaker Parties") make no warranties or representations about the Service and any content (including gifts) available on the Service, including, but not limited to, the accuracy, reliability, completeness appropriateness, timeliness or reliability thereof. The StarMaker Parties will not be subject to liability for the truth, accuracy or completeness of any content on the Service or any other information conveyed to any User, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a User, you agree that you use the Service and any content thereon at your own risk. You are solely responsible for all content you upload to the Service.
(b) The StarMaker Parties do not warrant that the Service will operate error free, or that the Service and any content thereon (including gifts) are free of computer viruses or similar contamination or destructive features. If your use of the Service or any content thereon results in the need for servicing or replacing equipment or data, no StarMaker party will be responsible for those costs.
(c) The Service and all content thereon (including gifts) are provided on an "as is" and "as available" basis without any warranties of any kind. Accordingly, the StarMaker Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights and fitness for particular purpose.
(d) In no event will any StarMaker party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such StarMaker Party has been advised of the possibility of such damages. StarMaker's liability, and the liability of any other StarMaker Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us for any gifts and U.S. $100.
(e) You specifically acknowledge that StarMaker shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
12. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other User, is directly between you and such third party, and you irrevocably release the StarMaker Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the StarMaker Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of StarMaker Content or the Service; or (c) your User Content. StarMaker will provide notice to you of any such claim, suit or proceeding. StarMaker reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if StarMaker believes that you are unwilling or incapable of defending StarMaker's interests. In such case, you agree to cooperate with any reasonable requests assisting StarMaker's defense of such matter at your expense.
14. Term and Termination
(a) Term. As between you and StarMaker, the Term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or StarMaker.
(b) Termination. You may terminate this Agreement by sending written notification to StarMaker at [email protected], deleting the App from your mobile device and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this Agreement. StarMaker reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party copyright owner of musical works or sound recordings. StarMaker may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address associated with your account credentials. StarMaker reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
(c) Sections 1(a), 1(c), 1(d), 1(e), 1(f), 3(b), 4-17 and all defined terms used therein will survive the termination of this Agreement indefinitely.
15. Consent to Electronic Communications
By using the Service, you may receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Miscellaneous
(a) This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
(b) You agree that no joint venture, partnership, employment or agency relationship exists between you and StarMaker as a result of this Agreement or use of the Service.
(c) You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and StarMaker other than pursuant to this Agreement.
(d) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
(e) Failure of StarMaker to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against StarMaker unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
(f) Except as expressly agreed by StarMaker and you, this Agreement constitutes the entire agreement between you and StarMaker with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
(g) The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns.
(h) You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of StarMaker. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting any the App from your device prior to such disposition. StarMaker may assign this Agreement, including all its rights hereunder, without restriction.
(i) If StarMaker provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
17. Contact Us
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by email at [email protected].
Company Name: Star Shine Entertainment Pte. Ltd.
Address: 7 Straits View, Marina One East Tower, #05-01, Singapore 018936