STARKIX PLATFORM TERMS OF SERVICE
Last Updated: June 10, 2023
Acceptance of Terms; Modification of Terms
Welcome to Starkix, an interactive online service built to create interactive and personalized experiences between fans and their favorite celebrities, operated by Starkix Inc. (“Company”, “we”, “us”, or “our”). These terms of service and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (collectively, the “Platform Terms”), constitute a legally binding agreement between Company and each end user (each, a “User”, “you” or “your”) of the Starkix Platform, https://www.starkix.com/ (the “Site”) and/or the Starkix mobile application (the “App”, and collectively with the Site and all services provided therein, the “Platform”). Your use of the Platform as a Star (defined below) is governed by the Star Terms of Service (“Star Terms”). By accessing and using the Platform and/or creating a User profile account on the Platform (an “Account”), you are deemed to have read, accepted, executed and be bound by these Platform Terms. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO ACCESS AND USE THE PLATFORM; PROVIDED, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) YEARS OLD (OR ANY OTHER APPLICABLE AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORM WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE PLATFORM TERMS WITH YOU.
Company may change or amend these Platform Terms at any time at its sole and absolute discretion. We encourage you to review these Platform Terms carefully and to check these Platform Terms periodically for any updates or changes. If Company makes a material change or amendment to these Platform Terms, it will provide a notification of such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, no revisions to the Platform Terms will apply to any dispute between you and Company that arose prior to the effective date of such revision.
Company may, from time to time, release new versions of the Platform, or release/introduce new tools, products, services, functionalities, and/or features for the Platform, which will be subject to these Platform Terms, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features.
IF ANY PROVISION OF THESE PLATFORM TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE PLATFORM TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
Platform License
Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform, the Platform Content (defined below), solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject in all respects to these Platform Terms, and not for redistribution of any kind (the “Platform License”). This Platform License does not include any resale or commercial use of (i) the Platform, (ii) Registration Data (defined below), or (iii) any content, materials, information, text, data, copyrights, Trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, Platform pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Platform by or on behalf of Company, including recordings of the Live Meet and Greet (defined below) (collectively, “Platform Content”), which Platform Content is and shall remain the sole and exclusive property of Company (or the applicable third-party licensor thereof).
As between any User and Company, Company retains all right, title and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Platform IP as a Collective Work under the United States Copyright Act, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Platform IP other than the express license granted therein pursuant to these Platform Terms. Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Platform are Company’s registered and unregistered trademarks or service marks. Other product and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Company or the applicable third-party, Company’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 the Platform without Company’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Company or the applicable third-party owner thereof.
Violation of this Platform License may result in infringement of intellectual property and contractual rights of Company or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Additional Platform License Rules
Company provides you with the Platform License for free for your personal enjoyment. In return for the Platform License granted to you herein, you acknowledge and agree that Company may generate revenues, increase goodwill, or otherwise increase the value of Company, from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever.
Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the Platform License does not grant you, and you do not obtain, any copyright or other interest in and to any Platform Content or other Platform IP.
Account Registration
In order to participate on the Platform, each User must register for and create an Account.
You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, birthday, profile name, picture, etc., and to create an Account login password (collectively, “Registration Data”). You agree and represent that all Registration Data you provide to Company will be and remain at all times true, accurate, current and complete. Company may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Company. In some cases, you will also need to update your Account and/or operating system settings to allow us to enable the camera/microphone functions. You must make sure that your Account profile name complies with these Platform Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your Account.
You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third-party to use your login information, Registration Data or Account, and (v) to not re-create any new or additional Account in the event your original Account is suspended or terminated in accordance with the terms hereof. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Company is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password with or without your knowledge.
You agree to notify Company of any breach of security in connection with your Account by promptly sending Company an email to breach@starkix.com.
Live Meet and Greet
Through the Platform, you may engage in a one-on-one, video-based, live meet and greet (“Live Meet and Greet”) between you and your favorite celebrity, including athletes, actors, performers, artists, influencers and others (collectively, “Stars”). To schedule a Live Meet and Greet, you can locate the applicable Star’s official landing page on the Platform (“Star Profile”), and, provided that the Star is listed as “Live” on the Platform at such time (“Live Period”), you may schedule a Live Meet and Greet by following the instructions set forth on the Star’s Profile. Your ability to schedule a Live Meet and Greet is subject to the number of Live Meet and Greets the Star has determined, in its sole discretion, to host during the Live Period.
Once you have scheduled the Live Meet and Greet, you will be placed in a waiting queue for the Live Meet and Greet (“Waiting Queue”) where you will remain until the earlier of (i) your entry into the Live Meet and Greet, or (ii) the expiration of the Live Period. We do not provide any guarantee that you will receive entry into a Live Meet and Greet following your scheduling of the same, and Company expressly disclaims any and all liability in connection therewith. You may not record, capture, screenshot, use, publish, reproduce, distribute, display, post, or share any portion of the Live Meet and Greet (subject only to the license granted to you in the LMG Photo), except using the functionality that Company may make available to you on the Platform. You may end your participation in the Live Meet and Greet at any time. Company reserves the right to record all Live Meet and Greets and periodically review them for the purposes of improving the Platform, reviewing a support ticket, or any other internal reason, in Company’s sole discretion. Given the nature of the Live Meet and Greets, you understand and acknowledge that the Live Meet and Greet is not a private setting, and you should not disclose any personal, private, or sensitive information. You agree that any personal, private, or sensitive information disclosed by you during a Live Meet and Greet is done solely at your own risk, and Company hereby expressly disclaims all liability in connection therewith.
We work with a third-party technology partner, Agora Lab, Inc. (“Agora”) to facilitate Live Meet and Greets. By participating in a Live Meet and Greet, you agree to be bound by Agora’s Privacy Policy, as the same may be modified by Agora from time to time, and any of its other terms or policies that may be applicable to your participation in Live Meet and Greets.
Purchase of Live Meet and Greet
Payment. Upon your entry to the Waiting Queue, we will place a pre-authorization hold for the applicable cost of the Live Meet and Greet, set by the Star in its sole discretion (“LMG Fee”), on the payment method you provide. By providing your payment information, you agree that Company may place a pre-authorization hold for the LMG Fee and, after you have entered the Live Meet and Greet, you authorize the payment provider to immediately charge you for the LMG Fee with no additional notice to or consent from you. You represent and warrant that you are authorized to use the payment method you use via the Platform to purchase the Live Meet and Greet. We will not charge the LMG Fee to your payment method unless and until you enter the Live Meet and Greet. Notwithstanding the foregoing, Company hereby reserves the right, in the future, to charge you for the LMG Fee prior to your entry in to the Waiting Queue and subsequently refund you if the Live Meet and Greet is cancelled.
Payment Processing for Purchases. Payment processing services for any purchases made via the Platform, including the Live Meet and Greet, are currently provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Platform Terms and continuing to operate an Account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Company enabling payment processing services through Stripe, you agree to provide Company with accurate and complete information about you, and you authorize us to share such information and transaction details related to our use of the payment processing services provided by Stripe to facilitate the LMG Fee.
Currency and Taxes. Transactions are settled in U.S. Dollars and do not include applicable taxes unless we state otherwise. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your purchase of the Live Meet and Greet. We may collect applicable taxes if we determine there is a duty to collect them. From time to time, we may settle transactions in a currency other than U.S. Dollars to reduce or eliminate the fees and expenses associated with currency conversion.
Refunds. If your scheduled Live Meet and Greet is cancelled or does not take place for any reason, we will refund the full LMG Fee to your original payment method. If you or a Star ends the Live Meet and Greet at any time for possible breach of the Community Standards set forth in Section 7, you may report this to Company at report@starkix.com. Company will promptly investigate the claim and respond to you in writing. If Company finds, in its sole discretion, that the Star has breached the Community Standards, you will be refunded the full LMG Fee.
LMG Photo
During any Live Meet and Greet in which you participate, the Star may take up to three (3) “selfie” screenshots of the Live Meet and Greet featuring yourself and the Star (“LMG Photo”). Following the conclusion of the Live Meet and Greet, the Star will upload one (1) LMG Photo to your individual fan media library on the Platform, which LMG Photo will be selected in the Star’s sole discretion. The Star hereby grants to you, for your own personal, non-commercial, and non-promotional purposes, a limited, revocable, sublicensable, non-exclusive, royalty-free, fully paid, worldwide right and license to use, reproduce, distribute, and publicly display the LMG Photo, solely on social media platforms and personal websites, in personal text and email messages, and in your other personal storage media.
Third-Party Communications and Third-party Content
By providing us with your email address and using the Platform, you hereby affirmatively consent to the use of your email address for notifications from us regarding important service announcements and other administrative communications related to your use of the Platform. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy.
Company disclaims all liability for any communications directed to you from any third-party directly or indirectly in connection with the Platform, including within the Live Meet and Greet (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
The Platform may include third-party content or links (such as hyperlinks) to third-party mobile applications or Platforms, products or services that are not owned or controlled by Company (collectively, “Third-Party Content”). Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Inclusion of any Third-Party Content on the Platform does not constitute or indicate Company’s endorsement thereof and Company shall not be liable or responsible for any Third-Party Content transmitted through the Platform. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that you access through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Platform Terms. You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with, your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Platform and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.
By using the Platform, you expressly relieve and hold Company harmless from any and all liability arising from your use of any Third-Party Communications and Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Platform or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-Party Content.
Community Standards
The Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Company in each instance.
Without limiting the foregoing, while using the Platform and participating in any Live Meet and Greet, you may not conduct any of the following activities:
Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Company, Stars, or other Users, or use information learned from the Platform to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Company, Stars, or any other User outside of the Platform.
Interact with Stars or other Users in a way that is defamatory, profane, infringing, obscene, pornographic (e.g., displaying nudity or sexual activity), unlawful (e.g., drug use or other criminal activity), offensive and/or harmful, including, but not limited to, in such a way that that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any Star or any individual or group of individuals.
Interact with Stars or other Users in a manner that makes a political message for or against any person, party, political belief or issue, or religion.
Solicit sexual activities from Stars or other Users or harass Stars or other Users with unsolicited sexual language that sexually objectifies Stars in a non-consensual way.
Solicit Stars or other Users to publish or make available, any personal contact or location information (e.g., phone number, e-mail address, physical address, third-party platform social media handles, location information, etc.).
Solicit or induce, or attempt to solicit or induce, Stars or other Users to take any actions that could be harmful to such Stars or other Users or any other person or property, or that otherwise would violate any applicable laws.
Use the Platform for any purpose in violation of applicable local, state, national, or international law, including, but not limited to, in a manner which is false or misleading (directly or by omission or failure to update information).
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Platform in any manner.
Hack, interfere with, or damage operation of, the Platform, its servers, or any connected networks, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use.
Use the Platform to collect Registration Data or other personally identifiable information of Stars or other Users by electronic or other means.
Submit any text, information, or content through the “Contact” link on the Platform to abuse, harass, stalk, threaten, bully or otherwise intimidate Company or its employees.
Use, transfer, distribute or dispose of Platform IP in any manner that could compete with the business of Company.
Cause or induce any third-party to engage in the restricted activities above.
The License granted to you in these Platform Terms terminates automatically upon any unauthorized use of the Platform and Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Platform Terms may be raised as a defense against any third-party claims arising from any such violation.
If you encounter any other User or Star who has violated these Platform Terms and any of the Community Standards set forth above, please email Company at report@starkix.com or inform us through the applicable reporting functionality offered via the Platform. Company may, but is not obligated to, take any of the actions set forth in Section 9 below against you, other Users, or Stars who violate any of the above restrictions.
Representations and Warranties.
The Platform is available only to persons (i) who are eighteen (18) years or older (or any other applicable age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) or (ii) thirteen (13) to seventeen (17) years of age (or any other applicable age that would still be under the age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) who access and use the Platform with parental/legal guardian permission. BY ACCESSING AND USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY OTHER APPLICABLE AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF USE, OR (II) AT LEAST THIRTEEN (13) YEARS OLD AND HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ACCESSING AND USING THE PLATFORM AND, FOR THE AVOIDANCE OF DOUBT, PRIOR TO INITIATING ANY TRANSACTION IN CONNECTION WITH YOUR ACCESS AND USE THEREOF, YOUR PARENT OR GUARDIAN AGREES TO THESE PLATFORM TERMS.
You represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Platform Terms and to abide by the terms and conditions of these Platform Terms, and that you will so abide.
Unlawful Activity; Suspension and/or Termination of Platform Access
We reserve the right to investigate complaints or reported violations of the Platform Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, IP addresses, and traffic information.
We further reserve the right, in our sole discretion and without notice or liability to you, to disable your Account, suspend or terminate your use of, or access to, the Platform (either in whole or in part), at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with these Platform Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion, including, without limitation, any violation of the restrictions set forth in Section 7 hereof. We may also disable your Account, suspend or terminate your access to the Platform if you file any claim against Company or file any claim that involves the Platform. We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Platform Terms or any other act or omission by you that gives rise to a claim by Company, and our disabling of your Account, our suspension or termination of your use of, or access to, the Platform, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing. If we terminate, limit, or suspend your right to use the Platform, you are prohibited, without Company’s prior written consent, from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In the event your right to use the Platform is terminated, limited, or suspended, these Platform Terms will remain in effect and enforceable against you.
These Platform Terms are effective unless and until terminated by either you or us. You may terminate these Platform Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Platform.
Notwithstanding the foregoing, all sections of these Platform Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Platform Terms.
Special Promotions
Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Platform Terms.
Disclaimer of Warranties
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY PLATFORM CONTENT PROVIDED THROUGH THE PLATFORM OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A STAR OR THIRD-PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED MOBILE APPLICATION OR PLATFORM FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT WHEN USING THE PLATFORM OR ENGAGING IN A LIVE MEET AND GREET, YOU WILL BE EXPOSED TO CONTENT AND VIEWPOINTS FROM A VARIETY OF SOURCES, INCLUDING BUT NOT LIMITED TO STARS, AND COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLCTUAL PROPERTY RIGHTS OF OR RLEATING TO ANY SUCH CONTENT OR VIEWPOINTS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, WHEN USING THE PLATFORM OR ENGAGING IN A LIVE MEET AND GREET, YOU MAY BE EXPOSED BY STARS TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH YOUR USE OF THE PLATFORM. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONALLY IDENTIFIABLE INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitations of Liability; Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR STAR (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR STAR, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ANY STAR OR COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER STAR, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY 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.
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Indemnification
You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Platform Terms; (iii) your violation of any applicable law or regulation; (iv) your violation of any third-party right, including, but not limited to, any intellectual property right; or (v) the Live Meet and Greet, including without limitation, any statements, acts, or viewpoints of Stars, or the LMG Photo. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.
Platform Access; Updates and Maintenance
Your access to the Platform may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; Company cannot and does not guarantee that any personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.
Company may in the future update the Platform for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Company shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Company is under no obligation to undergo an Update of the Platform to the extent any Platform Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update.
Privacy
Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Platform Terms and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.
Governing Law and Jurisdiction; Dispute Resolution
These Platform Terms are governed by and construed in accordance with the internal laws of the State of New York. You and Company agree to resolve any disputes between you and Company through binding and final arbitration instead of through court proceedings. You and Company each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Company relating to these Platform Terms, the Platform, or your use thereof (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator and conducted in New York City, New York. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You agree that regardless of any applicable statute or law to the contrary, any Claim or cause of action arising out of or related to your use of these Platform Terms, the Platform, or your use thereof must be filed within one (1) year after such Claim or cause of action arose or be forever and fully barred.
Digital Millennium Copyright Act
Company has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. Company reserves the right to remove any content or other material on the Platform that allegedly infringes another party’s copyright. Company will terminate, in appropriate circumstances, Users or Stars who are repeat infringers of another party’s copyright. Notices to Company regarding any alleged copyright infringement should be directed to Company via email at: dmca@starkix.com. This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Platform Terms.
Notification of Alleged Copyright Infringement: Company respects the intellectual property rights of others and expects all Users to do the same. If you believe in good faith that your work is being used on the Platform in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed and an explanation as to why you think an infringement has taken place;
A description of where the material that you claim is infringing is located on the Platform, sufficient for Company to locate the material;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
Assignments
Company may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Platform Terms to any company, firm or person. You may not transfer your rights or obligations under these Platform Terms to anyone else.
Waiver and Severability of Terms; Entire Agreement
Failure by Company to enforce any provision(s) of these Platform Terms will not be construed as a waiver of any provision or right. If any provision of these Platform Terms is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Platform Terms incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform and Platform Content.
Feedback
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, 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 us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a 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.
Contact
General questions or comments about the Platform or these Platform Terms should be sent by email to support@starkix.com.