Last updated: 21/01/15
StarPower International Inc. (“we”, “our” or “us”) operates the StarPower social network, including the website (the “Site”) and app (the “App”), that allow you to follow and interact with your favorite actors, musicians, celebrities and brands (collectively, “Artists”), and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (the Site, App, and Additional Features shall hereinafter sometimes be collectively referred to as the “Services”).
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable Service.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our Artists, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, “StarPower Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
Certain Services may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services (“Virtual Benefits”); and (b) virtual products and benefits (such as emojis and skins) (“Virtual Goods”) (Virtual Goods and Virtual Coins shall be collectively referred to as "Virtual Benefits”). You may earn Virtual Benefits through your activities within the Services. The more engaged you are, the more Virtual Benefits you may earn.
Notwithstanding the foregoing, Virtual Items have no real world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.
The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.
As you earn more and more Virtual Benefits through your activity on the site, you may progress through “Tiers.” With each new Tier you may unlock new Virtual Goods, rights within the Services and specific experiences only available to other users within that Tier.
We may charge fees associated with certain Services, including, without limitation, in connection with the use of our Site. Such products or services will be made available for purchase on specified pages of the Site or otherwise as indicated through the Services.
The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 5 days after the purchase date for any reason ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services of the Site, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact the StarPower technical team at email@example.com. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of five (5) calendar days has expired from the date of such download or purchase, as applicable. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.
You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, the Virtual Benefits and the software, graphics, text and look and feel of the site and site pages, and all trademarks (including StarPower International Inc), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by StarPower International Inc., our subsidiaries or affiliated companies, Artists/Celebrities, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.
As referenced above, even though you may obtain Virtual Benefits with “real world” money, you do not, in fact, “own” such items. By making such a purchase, you are merely being granted a license to use such Virtual Benefits in the Services. The Virtual Benefits have no real world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Benefits be redeemed for actual, “real world” currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Benefits as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us and our Celebrities, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of StarPower International Inc. and our officers, directors, employees and agents; or (iv) to protect the StarPower Providers and any other user.C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.D. Third-Party Content & User Content
You acknowledge that StarPower, Inc. is an online service provider that may post content supplied by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of StarPower International Inc. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than StarPower International Inc.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.E. Unsolicited Submissions
We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us or our Celebrities to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our Artists seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us or our Celebrities any original creative materials such as scripts or music. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us or our Artists any other creative materials, you send creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), you give us and our Artists a perpetual, irrevocable, royalty free license to utilize and make derivative works based on the Unsolicited Submissions in any manner and media. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of us or our Artists, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval.
Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Services constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email/Twitter addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Services may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us or to charitable organizations for direct donations. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses or charities. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.
In addition, the Services may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
The Services are provided by us and our webhost partners on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, we disclaim all implied warranteies, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neitehr we nor any StarPower affiliate or partner makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Services or the information, content, materials or products included thereon; (ii) that use of the Services will be 100% secure, uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, or service provided through the Services; or (iv) that the servers or email sent from or on behalf of StarPower, Inc. are free of viruses or other harmful components.
Under no circumstances shall we or any StarPower provider or affiliate be liable for any damages that results from the use of or inability to use the Services, including but not limited to reliance by a user on any information obtained from the Services or that results from mistakes, omissions, interruptions, deletions of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorized access to StarPower, Inc.’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Services.
Neither we nor any StarPower provider will be liable for any indirect, incidental, special or consequential dmanages arising from the use of the Services or the purchase of any product, real or virtual, therefrom, even if we or such StarPower provider has been advised of the possibility of such damages. Under no circumstances will StarPower, Inc. be liable to you for more than the amount you have paid StarPower, Inc. in the thirty (30) days immediately preceding the date on which you first assert any such claim and if you have not paid any amounts during that time period, you acknowledge that your sole remedy shall be to cease using the Services and terminate your account.
Certain state laws do not allow limitations on implied waranties or the exclusions or limitation of certain damages. If these laws apply to the user, some or all of the above disclaimers, exclusions or limitations may not apply to such user and such user may have additional rights.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
Subject to Section XIV below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of Alberta and of Canada located in the Province of Alberta for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Alberta Courts and agree not to plead or claim in any Alberta Court that such litigation brought therein has been brought in an inconvenient forum.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Calgary, Alberta and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of Alberta or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold StarPower, Inc., the StarPower Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Subject to the other provisions of this Agreement, StarPower will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
We do not intend the Services to be used by minors under the age of 13. Furthermore, we do not market the Services for use by minors under the age of 13. If we learn that a user under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Services. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.