Effective Date: 21 July 2021
These Terms of Service (the “Terms”) govern your use of the website https://spotstar.live/, and any subdomains (the “Website”), owned by StarliveShow OÜ, a company incorporated in Estonia, having its business address at Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145 (“SpotStar”, “we”, or “us”).
We reserve the right to unilaterally revise these Terms and all linked content from time to time, at our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted. By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised version. If you do not agree to continue to use the Website and/or Services on the basis of the revised version, you should cease to use our Website and/or Services.
1.1 In these Terms the following capitalized terms have the following definitions:
“Account” means the account you open when you register on the Website.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Services” has a definition given in clause 2.1.
“User”, “you” or “your” means a user of our Services, being an individual or legal entity, or any agent, employee, or person authorized to act on such user’s behalf.
“SpotStar”, “our”, or “us” means StarliveShow OÜ, a company incorporated in Estonia, having its business address at Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145.
- DESCRIPTION OF THE SERVICES
- SpotStar enables an online platform for online interactive competitions. On the platform Users can vote for their favorite songs and artists. Artists can be immediately rewarded based on their results. SpotStar does not recommend or endorse any artist or song. SpotStar only provides services related to hosting and maintaining the Website, facilitating payments, enabling Users to interact with each other, etc. (jointly hereinafter referred to as the “Services”).
- SpotStar is not responsible for any errors, omissions, or any other actions by artists or other Users.
- WEBSITE AND SERVICES AVAILABILITY
- SpotStar uses commercially reasonable efforts to maintain our Website and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures.
- REGISTRATION OF THE ACCOUNT
- To access certain Website features and use certain Services, Users have to register for an Account. You can register for an Account if you provide true, accurate, and complete information about yourself and keep your Account information updated to maintain its truthfulness, accuracy, and completeness.
- Users shall be responsible for the security of their Account on the Website and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your Account, including any transactions made through it.
- If you violate these Terms, or otherwise create risk for us, we reserve our right to suspend the delivery of the Services in all or part to you. We reserve the right to suspend, terminate or delete your Account at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies if we suspect you of misconduct and/or are investigating you for any alleged misconduct.
- ACCESS RESTRICTIONS
- If we have reasons to believe that your use of this Website and Services is fraudulent and/or illegal, we are entitled in our sole discretion to block, suspend or terminate your access to the Website or deny the use of any Services. If you have conducted any fraudulent and/or illegal activity, SpotStar reserves the right to take any necessary legal action and you may be liable for monetary losses to SpotStar.
- Our Website and Services can be used by an individual, business, or other legal entity, or both. If you are entering into these Terms, on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” shall refer to such entity.
- If you are an individual, you represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services under any applicable laws.
- You will refrain from using Services on the Website if you:
- are not allowed to enter into any legally binding contracts; or
- did not obtain any and all necessary authorizations (if applicable to you under any applicable law); or
- are not a dully incorporated legal entity or an individual below the age of 18; or
- are not a person forbidden from receiving services under the rules of any appropriate jurisdiction; or
- are banned from using the Services on the Website.
- RESTRICTED COUNTRIES
- Any user holding citizenship, permanent residency, or who has been a tax resident in the USA, China (“Restricted Countries”) is prohibited from using any of the Services provided by SpotStar. SpotStar shall not be held liable for any use of our Services by individuals or legal entities that are restricted or limited to use our Services in the Restricted Countries. Users who violate their applicable laws and regulations shall be solely liable for such violation.
- You should be aware that our Website may be restricted and/or unavailable for Users in other jurisdictions as governed by applicable laws. SpotStar shall not be responsible for any unavailability of our Website and/or Services in any Restricted Country.
- For the avoidance of doubt, the Website does not constitute the provision of any financial or investment advice in connection with the Services contemplated by these Terms. The information and materials contained on the Website is given for information purpose only and is not to be construed as a solicitation to enter into any transaction. You should consult a financial or investment professional regarding any possible transaction if you have any doubts.
- PROPRIETARY RIGHTS
- SpotStar is the sole owner and lawful licensee of all rights, title and interests available on the Website as well as the software required for our Services. You acknowledge and agree that our Website and Services contain proprietary and confidential information protected by applicable intellectual property and other worldwide laws. All title, ownership, and Intellectual Property Rights on the Website and its content shall remain with SpotStar, our affiliates, or licensors of the Website content, as the case may be. All rights not otherwise claimed under these Terms or by SpotStar are hereby reserved.
- You further acknowledge and agree that any content contained in advertisements or information presented to you through the Website or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SpotStar or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.
- We may use services of third parties involved in the provision of the Services. You may not violate proprietary rights and use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
- USE OF THE SERVICES
- During the term of your use of the Website and Services, we grant you a non-exclusive, non-transferable, non-sublicensable license to access the Website and use the Services via the Internet.
- As a condition of your use of the Website and Services you explicitly agree not to use the Website and Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by SpotStar. The following conduct is not an exclusive list but is meant to provide examples of prohibited conduct. You agree not to use the Services in any of the following ways:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any content (as defined below) that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person;
- For any purpose that is prohibited by the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation to another user that is designed or intended to obtain the other user’s password, account, or private information;
- To create or transmit unwanted ‘spam’ to any person or any URL address;
- To post any copyrighted content;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit written consent;
- To promote or sell any content owned by another person.
- Further, all Users agree that they will not engage in any of the following conduct:
- posting any information and/or data or accessing the Website using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission;
- using the Services in a manner contrary to the use we have authorized such as, but not limited to, interfering with the Services;
- soliciting login information and/or accessing an account belonging to someone else;
- use the Website and Services in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability, or accessibility of the Website and Services;
- accessing the Website and Services through a method other than the interface and the instructions that we have provided;
- reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems, and e-mail businesses, chain letters as well as use the Services for participation in any of the above;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website and Services without our express written consent;
- any actions that could disable, overburden, or impair the proper working of the Website and Services, such as a denial of service attack;
- the uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.
- USER CONTENT
- Each User assumes all responsibility for all content that he or she posts on the Website, including, without limitation, any posting you make on the Website (the “User Content”). Through your use of the Website, you acknowledge and agree that you are entirely responsible for all User Content that you post, or otherwise submit to the Website. SpotStar does not control the User Content. SpotStar does not guarantee the accuracy, integrity, or quality of any User Content. You understand that by using the Website you may be exposed to the User Content that is offensive, or otherwise objectionable.
- By submitting the User Content, you grant SpotStar the full, perpetual, free, transferable and irrevocable rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, transmit, stream, broadcast, access, view and otherwise exploit submitted user content, including your name, on the Website.
- Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to SpotStar the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or use of the content of the Website (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- LINKS AND THIRD PARTY CONTENT
- Our Website may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using the Website or our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
- We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised on the Website. By using our Website or Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Products.
- DISCLAIMER OF WARRANTIES
- You understand that we cannot and do not guarantee or warrant that the Website and Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SERVICE OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY LINKED SERVICE.
- YOUR USE OF THE WEBSITE, SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE, SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPOTSTAR NOR ANY PERSON ASSOCIATED WITH SPOTSTAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SPOTSTAR NOR ANYONE ASSOCIATED WITH SPOTSTAR REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- SPOTSTAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- RELEASE AND INDEMNITY
- Through your use of the Website, you expressly and irrevocably release and forever discharge SpotStar and our directors, officers, employees, agents, representatives, contractors, licensees, successors, and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you have ever had, now have, or hereafter may have, for or arising directly or indirectly out of your use of the Website and Services.
- You hereby agree to indemnify and hold harmless SpotStar and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) any content posted on the Website, (iii) the use of the Services, by you or any person using your Account or username and password, (iv) use of the Services, or (v) any violation of any rights of a third party.
- LIMITATION OF LIABILITY
- In no event shall SpotStar be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the Website, the Services, or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services.
- TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SPOTSTAR, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT YOU PAID US TO USE THE SERVICES WHICH GAVE RISE TO THE RELEVANT CLAIM.
- IN ALL CASES, SPOTSTAR, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- DURATION AND TERMINATION
- These Terms will remain in full force and effect while you use the Website or Services.
- We reserve the right to restrict your access, temporarily or indefinitely suspend Services if:
a) you breach these Terms or other policies;
c) we believe that your actions may cause any loss or liability to our Users or to us;
d) we suspect or become aware that you have provided false or misleading information to us; or
e) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, us, or our affiliates; may be contrary to the interests of the Website or the User community; or may involve illicit activity.
- Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- By registering for an Account, you consent to electronically receive and access, via email or the Website, all records and notices for the services provided to you under these Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via mail services using the address under which your Account is registered.
- GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed in accordance with the law of Estonia and the law of Estonia applicable therein and all disputes and claims, whether for damages, specific performance, injunction, declaration or otherwise, both at law and equity, arising out of, or in any way connected with, these Terms will be referred to the courts of Tallinn, Estonia and each of the parties hereby attorns to the jurisdiction of the courts of Tallinn, Estonia.
- Notwithstanding the specified agreement on jurisdiction, the User and SpotStar shall, if any dispute arises, attempt to settle it by mutual negotiations.
- Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee, or any other relations not directly stated in these Terms.
- If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.
- These Terms constitute the entire and exclusive understanding and agreement between you and SpotStar regarding the Website and Services.
- You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of SpotStar. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SpotStar may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- The failure of SpotStar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
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