TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
User usage of STARSSHOW TALENTS ZONE PRIVATE LIMITED app implies user’s acceptance of following Terms and Conditions. It is requested to read Terms and conditions carefully. If Users have any queries, please do not hesitate to contact us.
OVERVIEW OF ‘STARSSHOW TALENTS ZONE PRIVATE LIMITED’
⦁ STARSSHOW TALENTS ZONE PRIVATE LIMITED is a Private Limited Company duly registered under Companies Act, 2013 having its registered office at ‘Ballari’ Karnataka.
Hereinafter referred to as “STARSSHOW”.
The platform is controlled and offered by “STARSSHOW TALENTS ZONE PRIVATE LIMITED”.
⦁ STARSSHOW app provides an opportunity to its Artists or Uploaders to upload videos on to its app through website for FREE initially . The user NEED NOT PURCHASE any space or pay anything to upload their respective videos initially. The subscriber who desires to have RIGHT OF ENTRY to the uploaded videos should register in app through their mobile or browser by fetching the details required for registration. The Artists or Uploaders upon registering will enter into an agreement and will ASSURE THAT THE VIDEO UPLOADED IS HIS / HER OWN CONTENT AND DOESN’T CONTAIN ANY OFFENSIVE OR PROHIBITED CONTENT AND HAS ALL RIGHTS OF THE UPLOADED CONTENT AND IT DOESN’T INFRINGE ANY RIGHTS, the video player that is embeddable onto any website, the STARSSHOW apps and web-apps as accessible via any current or future device capable of distributing the STARSSHOW website and mobile application and/or the video player, and more generally any STARSSHOW products, contents, channels, software, data feeds, services and functionality.
⦁ By accessing/logging on and /or using the STARSSHOW app, Subscribers will be hereinafter a “Subscribers”. As a Subscriber, subscribers will only have the right to access and view videos available. “STARSSHOW Account” means the video content storage space provided to every artist/ uploader who registers with the STARSSHOW which is dedicated to a user who can earn money with the number of views.
⦁ Artists or Uploaders willing to upload videos and access some other features of the STARSSHOW app has to create an account in STARSSHOW app. Upon registration, Artists or Uploaders email address or phone number will be validated. Artists or Uploaders will then be an“Artist or Uploader”. However by becoming a Subscriber one can view videos and earn from the views.
⦁ Information provided by Artists or Uploaders to create STARSSHOW Account must be accurate and complete. In order to verify the email address or the mobile number provided, STARSSHOWwill send an email or OTP to Artists or Uploaders mobile asking Artists or Uploaders to validate their email address or mobile number which is provided while registration. Further, Starsshow will be communicating with the Artists and Viewers frequently to inform the latest happenings, informations, newsletters etc., Starsshow will also allow third party advertises while communicating by email, messages or any other possible mode of communication, both Artists and viewers grant Starsshow rights to communicate to them to any mode of communication with third party advertisements.
⦁ By creating an ACCOUNT in STARSSHOW, Artists or Uploaders and Subscribers agree to the condition that they alone will be responsible (to STARSSHOW and to others) for all activity that occurs under their respective account. The user ID and password which are necessary to access the STARSSHOW Account and the features of STARSSHOW are user’s sole responsibility and it is user’s responsibility to keep it private, confidential and trustworthy.
⦁ Artists or Uploaders may notably upload video files (in accordance with the Terms and conditions) on the STARSSHOW app, and can have a ‘nickname’ and/or avatar which will be linked with Artists or Uploaders respective ‘Starsshow’ Account. Any and all components posted by user on the STARSSHOW app are supposed to be “Respective Artists or Uploaders original content and creativity”. Artists or Uploaders should ensure and abide that the content uploaded should not violate the copyrights and/or exclusive rights or Intellectual property rights (IPR) or any other rights that are in force and amendments made thereby from time to time. Artists or Uploaders are solely accountable for the content violation or any other rights violations that occurs with the content uploaded. STARSSHOW will never check whether the content uploaded is a material of copyright protected or not. ARTISTS OR UPLOADERS SHOULD BE CAREFULL WHILE UPLOADING THE VIDEOS.
⦁ Once the content is uploaded in the STARSSHOW App/ Website all the rights with regard to the content uploaded will be passed over to the STARSSHOW.
ACCEPTANCE OF ABOVE MENTIONEDTERMS AND CONDITIONS
2.1 Whether Artists or Uploaders or Subscribers, either an individual or a single entity (“User” or “Users” as applicable) will abide to an absolutely unconditional agreement to all the above mentioned Terms and conditions, all the policies of STARSSHOW, including but not limited to the STARSSHOW privacy and cookie policies, as accessible at any time from the homepage of the STARSSHOW website, and incorporated herein by reference. Users may not use the STARSSHOW app if Users do not accept any one or all of the Terms and conditions mentioned herein. Users understand and agree that STARSSHOW will treat Users use of the STARSSHOW app as acceptance of the Terms and conditions from that point onwards.
By being an “Artists or Uploaders” one can upload videos at free of cost initially, Artists or Uploaders then create earnings by number of views. By becoming an “Artist or User”,Artists or Uploaders agree to the Terms and conditions, packages and other offers that the STARSSHOW app providers frame from time to time to the Subscribers and Artists or Uploaders also agree that Artists or Uploaders will be bound and accept those Terms and conditions and offers offered to the Subscribers which will be modified or amended from time to time. However amendments and modifications will be updated in the website, Users are requested to go through and get updated with the latest Terms and conditions and offers provided to the Members.
2.2 The Terms and conditions form a legally binding agreement between Users and Starsshow in relation to Users use of the STARSSHOW app.
2.3 STARSSHOW Service may, in its sole discretion, modify these Terms and conditions from time to time, and Users agree to be bound by such modifications. Although we may attempt to notify Users when major changes are made to these Terms and conditions. USERS SHOULD PERIODICALLY REVIEW THE MOST UP-TO-DATE VERSION WHICH SHALL ALWAYS BE ACCESSIBLE FROM THE HOMEPAGE OF THE STARSSHOW WEBSITE. IF USERS DO NOT AGREE TO THE MODIFIED TERMS AND CONDITIONS. USERS ONLY RECOURSE IS TO STOP USING THE STARSSHOW APP. USERS CONTINUING USE OF THE STARSSHOW APP AFTER THE DATE AND MODIFIED TERMS AND CONDITIONS AND CONTINUE TO WILL CONSTITUTE USERS ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
2.4 Users shall not use STARSSHOW Service if (a) Users are not of legal age to form a binding contract with STARSSHOW, or (b) Users are a person who is either barred or otherwise legally prohibited from receiving or using the STARSSHOW app under the laws of India or Users are resident or from which Users access or use the STARSSHOW Service.
2.5Users (Artist/Uploaders and subscribers) grant all rights to STARSSHOW to make any changes, amendments and modifications to their uploaded content, apps, websites and in all services in order to improve the quality and betterment of service.
All modifications and new implementations made by STARSSHOW including the rate per view for both Artist/Uploaders and subscribers are accepted by the users, however we will attempt to notify such changes, but still users agree and give all rights to STARSSHOW to implement, amend and modify the app and related services at any point of time.
Both Artists and Viewers agree that Starsshow can communicate with them through any mode of communicate and Starsshow can also include third party advertisers or advertise while communicating the Artists or Viewers. Artists and Viewers grant exclusive rights to Starsshow for communicating with advertisement (direct or third party advertisement)
USERS INTELLECTUAL PROPERTY RIGHTS
3.1 For the entire period during which User video content is hosted on the STARSSHOW app, app user grants to STARSSHOW, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress User’s video content. Users also agree and give all rights to STARSSHOW to make any modifications with their uploaded content to create better viewing experience to subscribers and for other reasons which are specifically not mentioned.
3.2 By making User video content accessible on the STARSSHOW app, User hereby agrees to permit any Subscribers or Users of the STARSSHOW app to view uploaded videos through the STARSSHOW video player or through any declination of the STARSSHOW app, as accessible (online or offline) via any current or future device capable of distributing the STARSSHOW app by any means. Access, is not just restricted to computers, smart phones, tables, T.V. devices, IPTV platforms and/or game consoles of free-of-charge categories and any other devices capable of loading STARSSHOW app and related technology in future.
3.3 Users may please note that due to the nature of the Internet and digital media, data transmitted-including Users uploaded video cannot be protected against risks of misappropriation and/or piracy, for which STARSSHOW shall not be liable. Users are responsible for ensuring all appropriate steps to protect their data, wherever applicable.
3.4 Assignment: The USER shall not assign or otherwise transfer their USER ID or any of its rights given by Starshow, and obligations nor sub-licence the use (in whole or in part) of the Software or the Service without STARSSHOW’s prior written consent.
APP OWNERS INTELLECTUAL PROPERTY RIGHTS
4.1 We grant Users a personal, non-exclusive, non-transferrable and revocable right of entry and use the STARSSHOW app, which is conditioned on Users compliance with the Terms and conditions.
4.2 The uploaded video content (other than User’s uploaded video content and other Users uploaded video content) included or accessible through the STARSSHOW app, such as text, graphics, logos, names, designations, button icons , features, functionalities, images, audio clips, information, data collected from the STARSSHOW app, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “STARSSHOW Content”), is the exclusive property of STARSSHOW and its licensers, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations [Under Information Technology Act, 2000, Indian Contract Act, 1872,Copyright Act, 1957 and Trade Marks Act, 1999], however STARSSHOW will take utmost precautionary measures at top priority to protect the Intellectual Property Rights of the original owner, subject to the condition the existence of this violating content should be notified to the STARSSHOW by means of forms available for reporting.
4.3 STARSSHOW Content may not be downloaded, copies, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of STARSSHOW or STARSSHOW’s licensors. Users agree to not use or exploit the STARSSHOW Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. Users are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any STARSSHOW Content.
4.4 All rights not expressly granted in the Terms and conditions and reserved to STARSSHOW and its licensors.
APP OWNERS LIABILITY AS HOST
5.1 In its capacity as a web hosting service provider, STARSSHOW is under no legal compulsion to monitor content uploaded on the STARSSHOW app, not obliged to keenly hunt for particulars/actualities/facts or circumstances demonstrating prohibited content, but shall instantly take away or deactivate access from its STARSSHOW app to any infringing content once having been notified of its existence.
5.2 Users agree that Users use of the STARSSHOW app shall be at Users sole risk and obligation. In this regard, Users are solely responsible for (i) Users usage of the STARSSHOW app and more specifically for Users uploaded video content, and (ii) the protection of its mobile hardware against any virus of interruption.
5.3 Users accept and come to an agreement that the STARSSHOW app, in whole or in part (including, without limitation, the look and feel, the thematic categories, the functionality, and /or the STARSSHOW’s video player), on and through which Users uploaded video content will be distributed/circulated is provided “AS IT IS” without warranty, provided that STARSSHOW may augment, amend and bring up-to-date the STARSSHOW app as its sole discretion. For the sake of clarity and transparency, Users shall not be authorized to request any change to the STARSSHOW app, content will not be changed but modifications to fit for streaming will be done for better viewing experience.
5.4 STARSSHOW as affiliated companies, officers, directors, employers, agents, vendors and suppliers (the “STARSSHOW Parties”)disown all warranties/service contract/assurances of any kind, either expressed or articulated or communicated or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the completes degreeallowableunder pertinentlaw. The “STARSSHOW Parties” also disclaim all warranties, take no responsibility and assume no responsibility for the content present on the “STARSSHOW Parties” service including but not limited to any mistakes, defamation, libel, defamation, exclusions, misrepresentations, offensiveness, pornography or vulgarity which Users may come across on the STARSSHOW app. The STARSSHOW Parties make no warranty or representation that the STARSSHOW app or its functionalities or expertise, in whole or in part, will be never-ending, error-free or protected, including with respect to the delivery of Users uploaded video content and/or any limitations on Users or any other Visitors ability to access, view or use Users uploaded video content or any other content, or that any information obtained from the STARSSHOW app will be accurate or reliable.
5.5 STARSSHOW shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the STARSSHOW app, (ii) or any default of its obligations caused by force or an unintentional grounds. Unless otherwise stated herein, Starsshow does not grant Users any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
5.6 Nothing herein shall exclude or limit STARSSHOW’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, STARSSHOW shall not be liable for (a) any indirect or consequential damages which may be suffered by Users. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity Or loss of business or profit; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of (i) any reliance placed by Users on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Users and any advertiser or sponsor whose advertising appears on the STARSSHOW app; (ii) any changes which STARSSHOW may make to the STARSSHOW app (or any of its features); (iii) the omission of, corruption of, or failure to store, any content and other communications date maintained or transmitted by or through Users use of the STARSSHOW app; (iv) Users failure to provide STARSSHOW with accurate account information (v) Users failure to keep Users password or Users accounts details secure and confidential.
5.7 The limitations on STARSSHOW liability defined in this section shall apply whether or not STARSSHOW has been advised of or should have been aware of the possibility of any such losses arising thereafter. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction’s law applied to this agreement.
5.8 Force majeure
If and to the extent that a party’s performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed due to circumstances beyond the reasonable control of such party, including, but not limited to, lightning, labour disputes, fire, acts of war, requisition, seizure, currency restriction, riots and civil disorders, shortage of means of transportation, shortage of goods, amendments to regulations issued by governmental authorities, intervention of authorities or defects and/or delays in delivery of his sub-suppliers due to the circumstances here stipulated (each a “Force Majeure Event”), then the non-performing party shall be excused from any performance of those obligations affected by the Force Majeure Event for as long as it continues. The party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other party of the occurrence of the Force Majeure Event and describe in reasonable detail the nature thereof. The non-performing party is, however, always obligated to, to the extent that is reasonably and commercially possible, mitigate the effects of the Force Majeure Events.
RESTRICTIONS RELATED TO USERS USAGE OF THE STARSSHOW APP AND ITS RELATED TECHNOLOGIES
6.1 In view of the user-driven nature of the STARSSHOW app, and out of consideration for the general public, Users are responsible for maintaining certain ethical standards respecting the Content Or Liable to face legal action under Information Technology Act, 2000, Copyright Act, 1957 and Trade Marks Act, 1999, Protection of Children from Sexual Offences (POCSO) Act, 2012 and other Indian Law Users upload on the STARSSHOW app. Users represent and warrant as an essential condition that Users uploaded video content, and any images, data and /or text which Users may disseminate through the STARSSHOW app; (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or defamatory material; images of rape or abuse; images of bestiality ; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or public areas, pedophilia or necrophilia); (i) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature films, advertisements or any other material that Users have not created,Users or for which Users do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials; (ii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, defamation, etc.) or policy and accepted moral standards and does not display, provoke or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.
6.2 By uploading or disseminating images, data, and /or text to or through the Service, Users WARRANT that Users are not uploading any infringing material and expressly warrant that Users have all necessary rights and/or authorization from the copyright owner(s) and have paid any royalties or other fees applicable to any licenses or permissions needed to upload and distribute Users uploaded video content on the STARSSHOW app.
6.3 STARSSHOW reserves the right to decide in its sole discretion whether Users uploaded video content , Users STARSSHOW’s Account and/or Users use of the STARSSHOW app violates these Terms and conditions for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, excessive length or for any other reasons not specifically mentioned. Failure to comply with these Terms and conditions may result in (i) Users uploaded video content being removed and /or (ii) Users STARSSHOW Account being deactivated and/or (iii) any elements or data related to Users uploaded video content or to Users STARSSHOW Account being modified or removed (i.e. allegedly infringing username, metadata which is considered inappropriate, etc.) from the STARSSHOW app, without any prior notice. In addition, STARSSHOW reserves all the rights to report any violation of these provisions to appropriate legal authorities and Usersmay be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable damages.
6.4Because the STARSSHOW app is not designed as a video back-up service Users are responsible for taking all necessary precautions to safeguard Usersuploaded video content files. In harmony with internet practice and custom, advertisements may be amalgamated into the STARSSHOW app and then associated to Users STARSSHOW Account and/or Users uploaded video content. Users grant rights and permission to Starsshow to run advertisements in any form and Starsshow is not responsible for any loss or breach occurred by introducing these advertisements.
6.5 Moreover, Users shall not (i) falsely increase the number of views, impression of or clicks associated with Users uploaded video content or other Users uploaded video content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
6.6 Users are also warned about any website or applications on which Users export Users uploaded video content and/or other Users’ content through the embeddable STARSSHOW’s video player does not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, insult, exploitation, manipulation, misuse etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals, (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public law andorder to standards of decency and good morals or (vii) violates any applicable laws. Users also shall not modify, build upon or bloc any portion or functionality of the STARSSHOW video player including but not limited to links back to the STARSSHOWwebsite. By embedding Users uploaded video content and/or other user’s content through the embeddable STARSSHOW video player on any website or applications, Users warrant that Users have all the necessary rights and/or authorization from the owner(s) of such website or application and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
6.7 Users agree not to alter or modify any part of the STARSSHOW app (including but not limited to the STARSSHOW video player and its related technologies). Users agree not to (or attempt to) circumvent, disable or otherwise interface with any security related features of the STARSSHOW app or features that (i) prevent or restrict use or copying of content or (i) enforce limitations on use of the STARSSHOW app or the content accessible via the STARSSHOW app. Users agree not to collect or harvest any personal data of any STARSSHOW app) for the solicitation of business in the course of trade or in connection with a commercial enterprise.
6.8 Users agree not to use the STARSSHOW app and any of its related technologies (including without restriction the STARSSHOW video player, the website and the app) for any commercial use unless Users obtain STARSSHOW’ prior written approval, in particularly any of the following uses;(i) the sale of access to the STARSSHOW app, (i) the sale of advertising, sponsorships or promotions placed on or within the STARSSHOW app or content or STARSSHOW video player.
6.9 Users agree not to access content hosted on the STARSSHOW app for any reason other than Users personal, non-commercial use solely as intended through and permitted by the normal functionality of the STARSSHOW Service and solely for Streaming purposes. “Streaming” means a digital transmission of an audiovisual work from the STARSSHOW app to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored or redistributed by the Visitor. Accessing STARSSHOW User or Users or members content for any purpose or in any manner other than Streaming and personal use is explicitly prohibited. If Users wish to use another user’s content for any other purpose, in particular for commercial use, Users are solely responsible for obtaining the necessary advance authorization. Users agree and shall indemnify and hold STARSSHOW-harmless from and against any liability, loss, damages (including punitive damages), claim, settlement of payment, cost and expenses, interest, award, judgment, diminution in value, fine, fee (including reasonable attorney’s fees) and penalty or other charge (including indemnification under these Terms and conditions) arising from or relating to (i) Users uploaded video content , (ii) Users violation of the Terms and conditions or any other policy of STARSSHOW Service, (iii) Users use of the STARSSHOW app and (iv) Users violation of any third party rights, including without limitation of any copyright, property, publicity or privacy rights.
REPORTNG PROHIBITED CONTENT
7.1 STARSSHOW has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the STARSSHOW app. Such developments to be notified to STARSSHOW Service of prohibited content. Users can report us at “Report” option which is provided in the application/ Website or on the video whereever report option is provided.
7.2 If Users notice infringing or illegal content and/or activity on the STARSSHOW app it can be reported to us at any point of time by contacting us via the form available from the homepage of the STARSSHOWapp and website and an option is also provided to report the content while streaming the video on the report option which will be available.
8.1 The records of STARSSHOW are stored on our systems in accordance with standard safety practices and applicable laws. The STARSSHOW records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the STARSSHOW app, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Users possession, our records shall be authoritative and controlling.
8.2 The STARSSHOW may contain links to websites operated by other entities (“Linked Site”). If Users decide to visit any Linked Site they can do so at their own risk and it is their responsibility to take all protective measures to guard against viruses or other digital destructive elements. STARSSHOW Service has no responsibility to Users with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links. IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by STARSSHOW Service.
8.3 The Starsshow will allow third party advertisements or advertisements in the form of video or banners, in which when users click on it will be directing to their site, Starsshow holds no responsibility if any damage occurs to the users by following that link, users can decide whether to visit that link or not, if they are clicking on it, it is their responsibility to take all protective measures to guard against viruses or other digital destructive elements. STARSSHOW Service has no responsibility to Users with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links. IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by STARSSHOW Service.
8.4 Users acknowledge and agree that registration data and any other personal data collected by Starsshow may be used to target advertising and make content recommendations. However Starsshow doesn’t sell any data of Users. Starsshow may integrate third party SDKs with the site to improve placement of advertisements that may be better suited to Users. Starsshow expressly disclaim any liability arising out of the advertisements, usage, or viewing these products or services advertised on Starssshow or the (third party) content made available / hosted on the third party sites. Starsshow takes no responsibility for advertisements or any third party material posted on the site or does it take any responsibility for the products or services provided by advertisers. Any dealings that Users have with the Advertisers found while using the Services are between Users and the advertiser, and Users agree that Starsshow is not liable for any loss of claim that Users have against an advertiser.
9.1 Users acknowledge and agree that the Terms and conditions will continue to be enforceable for as long as Users use the STARSSHOW app or any of its features, whether or not if Users are aArtists or Uploaders or Subscribers. For the sake of clarity, watching videos from the STARSSHOW app, exporting the STARSSHOW Service video player and/or maintaining STARSSHOW Account are all deemed to be uses of the STARSSHOW app.
9.2 Any obligations which expressly or by their nature are to continue after termination, cancellation or expiration of the Terms and conditions shall survive and remain in effect after such happening.
9.3 Users agree that any dispute between Users and STARSSHOW arising out of or relating in any way to these Terms and conditions or Users usage of the STARSSHOW app shall be interpreted in accordance with the laws of Government of India, without reference to its conflicts of laws, and notwithstanding multiple defendants or third party claims. Users also agree that any claim or dispute between Users and STARSSHOW Service shall be decided by a court of competent jurisdiction located in Bangalore, Karnataka, INDIA only.
9.4 These Terms and conditions of usage constitute the entire agreement between STARSSHOW Service and Users with respect to the STARSSHOW app and shall supersede all prior or contemporaneous communication and proposals, whether electronic, oral or in writing between Users and STARSSHOW Service with respect to the STARSSHOW app.
9.5 A printed version of the Terms and conditions of usage and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and conditions to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.
9.6 Users agree to the point that STARSSHOW Service may provide Users with notices, including those regarding changes to the Terms and conditions by either email or regular mail or postings on the STARSSHOW Service website or by notifying them personally to their STARSSHOW account by notification option. Additionally, Users agree and provide all rights to Starsshow to communicate via all modes of communications and also agree and provide rights to add advertisement while communication.
9.7 In one or more provision of the Terms and conditions is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the terms and conditions and all other circumstances of these terms and conditions will remain in force.
9.8 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
General Terms and conditions
Under current law, STARSSHOW Service does not monitor the content uploaded to its site. We do, however, completely rely on our members and Users to notify us of any inappropriate behavior or content. All reported content is systematically checked and removed if it infringes our Terms and conditions of Use.
Respect Talents and Members:
STARSSHOW Service does not accept shocking or objectionable content. The following are completely prohibited.
⦁ Pornographic material
⦁ Content that can incite physical violence or harassment, especially incitement to racial hatred
⦁ If any video contains drinking alcohol or smoking: Term Smoking and Drinking is Injurious to health.
⦁ Flashing images (including flash photography) and strobe lighting effects can cause photo-sensitive epilepsy.
⦁ Guidance labels (watershed) on Flashing images (including flash photography) and strobe lighting effects can cause photo-sensitive epilepsy, Blood stain, Adult themes/ adult humor, nudity or explicit sexual content, ) which are extreme.
⦁ contains scenes of drug use, contains graphic scenes of drug use, contains behavior which could be imitated, contains graphic medical scenes
⦁ Mute voice any strong language and filthy word.
Starsshow will not monitor any video uploaded, but when notified of such existence, Starsshow will remove the content. Term Smoking and Drinking is injurious to health should be placed wherever applicable, it is Uploader’s responsibility to check and confirm before uploading content without cautious note, Starsshow is not liable nor responsible if these kind and type of content or videos are uploaded.
Copyright violations not allowed:
All works whatsoever (Short Movies, Entertainment Videos, Motivational Videos, Cover Songs, documentaries, cartoons, animations etc.) can only be reproduced with the permission of its creator, the author: this is the base of copyright. A work belongs to its author or rights owner, and he or she alone can consent to any reuse or reproduction. Likewise, individuals have a right to control images of their own likeness, and Users cannot film people and distribute the video without their consent.
When Users want to upload a video to STARSSHOW, Users must, in accordance with our TOS, make sure Users have permission of any other authors implied in its production (director, screenwriter, musician, etc.). However STARSSHOW doesn’t verify or check whether the uploaded content is copyrighted or not, we just allow Users to upload videos, in case if someone finds the contents of the video is copies, the same can be reported to us. STARSSHOW will hold no responsibility or doesn’t verify or check any content that is uploaded. It is the sole responsibility of the user to check thoroughly whether the content that he is uploaded is copies or not.
No form of disrespect to any members is allowed:
STARSSHOW invites all Users to participate by uploading videos, referring friends, viewing wide range of videos. However, we do not tolerate videos incite hatred, deny the Holocaust, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability or sexual orientation. It is crucial to respect the other members of the application: we won’t permit any threats, insults, persecution, harassment, or disclosure of personal information of other Users. If we receive reports of such behavior, the user’s accounts will be suspended immediately.
Donot Spam:To keep site clean and easy to use, please do not create titles, descriptions or tags unrelated to the content of Users video in order to increase the number of views or otherwise advertise to other Users.
Copyright Notification:STARSSHOW does not permit copyright infringing activities and infringement of intellectual property rights on its Website or on mobile applications and webapps and will remove all Content if properly notified that such content infringes on another’s intellectual property rights. STARSSHOW reserves the right also to terminate a User’s account, if they are determined to be a repeat infringer.
If Users believe that Users work has been copied in a way that constitutes copyright infringement, please provide STARSSHOW Service copyright agent the written information specified below:
⦁ A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
⦁ A description of all of the copyrighted works that Users claim has been infringed upon.
⦁ A description of where the material that Users claim is infringing is located on the STARSSHOW Apps or website, including a URL of the specific location of the infringing material.
⦁ Information sufficient to allow us to contact Users including at a minimum, Users address, telephone number, and e-mail address.
⦁ A statement by Users that Users have a good –faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
⦁ A statement by Users, made under penalty of perjury, that the above information in Users notice is accurate and that Users are the copyright owner or authorized to act on the copyright owner’s behalf.
⦁ The legal owner of the Intellectual property Right has to produce the Certificate/ letter issued by the competent authority in order to claim the ownership.
II) Copyright Counter-Notification
If Users believe that the content Users uploaded was removed in error, or that it does not infringe upon third-party copyright, Users may send us an appeal by completing the prescribed form. Once Users appeal is received, we will forward it, along with Users personal information, to the party that initiated the take-down notice. The restoration of deleted content is at our sole discretion. Please note that unfounded appeals may be subject to legal action.
Prohibited content:STARSSHOW doesn’t allow any user (Viewer, User or the member) to upload or view the prohibited content. Following are the types of restrictions that have been fixed to stop the prohibited content if found.
⦁ Child pornography; accidentally uploading the child pornography images or video will be punishable under INDIA LAW
⦁ dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
⦁ unlawful, obscene, defamatory or libelous material; or
⦁ any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or public areas, pedophilia or necrophilia).
Please report it in the “Report” column in the application or website or on the videoif Users find that any content has violations and if any prohibited content is exhibited.
Some tips for parents and teachers:
STARSSHOW provides all the tools necessary to ensure a safe experience for its Users, particularly minors. On STARSSHOW, and on the Internet in general, it’s important to be prudent just as it is in daily life. We encourage parents to talk with their children about how they use STARSSHOW, especially concerning the videos they watch, and what they upload and share with others. It is also important to make them aware of the various tools available to protect their personal information, to manage their contacts and communications on the site, and to immediately report any inappropriate content.It is important to remind Users they must always respect the Terms and conditions of use, be aware of and adhere to law of intellectual property law, image rights and respect for privacy in general, whether in uploading videos or while watching the videos. We have given a platform for all talented children and elders who have unique talent to exhibit their talent, we know the difficulty that people face while their road to success. Our main intention is to help the talents to keep them motivated and provide revenue that could support their talent and help them proceed in their field of interest. Finally, keep in mind that as a parent, Users can-if Users deed it necessary- request that Users child’s account be closed by reporting it in the column available in the Application or the Website.
Public content notification :If any video contains drinking alcohol or smoking “Term Smoking and Drinking is Injurious to health”.
These cautions should be placed by the people who upload the video, we are not responsible for these kind of things where cautious text is not mentioned in the video, please add this term and condition in Bold and Underline in the terms and conditions.
Refund Policy:STARSSHOW is an iOS, Android application, Web app and Website that allows Users to experience wide range of videos and additionally allows them to make Earnings by watching and uploading video’s and for Artist it is a platform that provides both Opportunity to exhibit their talent as well as make Earnings by both views and referral registrations. STARSSHOW is a service and a platform that benefits both viewers and Users and additionally encourage and motivate unidentified and identified talents in India. Starsshow will pay the Artists or Viewers only after the earnings generated by views is more than Rs. 200/-, taxes will be applicable while paying, no payment wil be done if the earnings are less than Rs. 200/-. When the Subscriber or the Artist or Uploader wants to close his STARSSHOW membership, the earnings of the member by views or referrals will be paid back completely only when the following conditions are met:
*GST as applicable.
In case of any complaints with regard to any of the content published in the STARSSHOW, the users or viewers can complain at firstname.lastname@example.org
Also please use the link provided in the App/ Website or on the option available on the video.
In case if your video has been removed due to the reason of reporting from another person or party, you can challenge the same and prove your originality of the uploaded the content vide providing all the documents or any other evidences which makes your counter claim justified.
Royalty Policy:In case if any party or person approaches STARSSHOW for the legal rights of any video or content as published in the STARSSHOW App/ Websitefor the exclusive right like storyline, Music or any other content of the Artist, then the STARSSHOW will approach the real owner of the content and the Royalty or revenue whatever the artist gets has to be shared with the STARSSHOW on 50:50 basis.
All Legal issues or claims arising out of or relating to these Terms and conditions or the services will be litigated in the Hon’ble High Court, Bengaluru.