A. By using and/or visiting this website (collectively, including all content and functionality
available through the StarBooth.com domain name, the "StarBooth Website", or "Website"), you signify
your agreement to
(1) these terms and conditions (the "Terms of Service"),
(2)StarBooth's privacy notice, found at
and incorporated here by reference. If you do not agree to any of these
terms or the StarBooth privacy notice, please do not use the StarBooth
B. Although we may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version http://www.StarBooth.com/terms).
StarBooth may, in its sole discretion, modify or revise these Terms of Service and policies at any
time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the StarBooth Website, including users who are also
contributors of audio or video content, information, and other materials or services on the Website. The
StarBooth Website includes all aspects of StarBooth, including but not limited to all products,
software and services offered via the website such as the StarBooth "Embeddable Player and other applications.
B. The StarBooth Website
may contain links to third party websites that are not owned or controlled by StarBooth. StarBooth has
no control over, and assumes no responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, StarBooth will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve StarBooth from any and all liability
arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware
other website that you visit.
A. In order to access some features of the Website, you will have to create a StarBooth account.
You may never use another's account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify StarBooth immediately of any
breach of security or unauthorized use of your account.
B. Although StarBooth will not be liable
for your losses caused by any unauthorized use of your account, you may be liable for the losses of
StarBooth or others due to such unauthorized use.
General Use of the Website--Permissions and Restrictions
StarBooth hereby grants you permission to access and use the Website as set forth in these Terms of
Service, provided that:
A. You agree not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined below), without StarBooth's prior written
B. You agree not to alter or modify any part of the Website, including but not
limited to StarBooth's Embeddable Player or any of its related technologies.
C. You agree not to
access User Submissions (defined below) or StarBooth Content through any technology or means other
than the audio/video playback pages of the Website itself, the StarBooth Embeddable Player, or other
explicitly authorized means StarBooth may designate.
D. You agree not to use the Website,
including the StarBooth Embeddable Player for any commercial use, without the prior written
authorization of StarBooth. Prohibited commercial uses include any of the following actions taken
without StarBooth's express approval:
- sale of access to the Website or its related services
(such as the Embeddable Player) on another website;
- use of the Website or its related services
(such as the Embeddable Player), for the primary purpose of gaining advertising or subscription
- the sale of advertising, on the StarBooth website or any third-party website,
targeted to the content of specific User Submissions or StarBooth content;
- and any use of the
Website or its related services (such as the Embeddable player) that StarBooth finds, in its sole
discretion, to use StarBooth's resources or User Submissions with the effect of competing with or
displacing the market for StarBooth, StarBooth content, or its User Submissions.
E. Prohibited commercial uses do not include:
- uploading an
original video to StarBooth, or maintaining an original channel on StarBooth, to promote your business
or artistic enterprise;
- using the Embeddable Player to show StarBooth videos on an ad-enabled
blog or website, provided the primary purpose of using the Embeddable Player is not to gain
advertising revenue or compete with StarBooth;
- any use that StarBooth expressly authorizes in
F. If you use the StarBooth Embeddable Player on your website, you must include
a prominent link back to the StarBooth website on the pages containing the Embeddable Player and you
may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner
that sends more request messages to the StarBooth servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the
foregoing, StarBooth grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or archives of such materials.
StarBooth reserves the right to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for
any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of
the Website with respect to their User Submissions.
H. In your use of the website, you will
otherwise comply with the terms and conditions of these Terms of Service, StarBooth Community
Guidelines, and all applicable local, national, and international laws and regulations.
StarBooth reserves the right to discontinue any aspect of the StarBooth Website at any time.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of content on the StarBooth Website.
A. The content on the StarBooth
Website, except all User Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or
licensed to StarBooth, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your information and personal use only and may not
be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written consent of the
respective owners. StarBooth reserves all rights not expressly granted in and to the Website and the
B. You may access User Submissions solely:
- for your information and personal
- as intended through the normal functionality of the StarBooth Service; and
"Streaming" means a contemporaneous digital transmission of an audiovisual work
via the Internet from the StarBooth Service to a user's device in such a manner that the data is
intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming
is expressly prohibited. User Videos are made available "as is."
C. User Comments are made
available to you for your information and personal use solely as intended through the normal
functionality of the StarBooth Service. User Comments are made available "as is", and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal functionality of the StarBooth Service or
otherwise as prohibited under this Agreement.
D. You may access StarBooth Content, User
Submissions and other content only as permitted under this Agreement. StarBooth reserves all rights
not expressly granted in and to the StarBooth Content and the StarBooth Service.
E. You agree to
not engage in the use, copying, or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions of third parties obtained
through the Website for any commercial purposes.
F. You agree not to circumvent, disable or
otherwise interfere with security-related features of the StarBooth Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the StarBooth Website or
the Content therein.
G. You understand that when using the StarBooth Website, you will be
exposed to User Submissions from a variety of sources, and that StarBooth is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against StarBooth with respect thereto, and
agree to indemnify and hold StarBooth, its Owners/Operators, affiliates, and/or licensors, harmless to
the fullest extent allowed by law regarding all matters related to your use of the site.
Your User Submissions and Conduct
A. As a StarBooth account holder you may submit video content ("User Videos") and textual content
("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, StarBooth does not guarantee
any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for
your own User Submissions and the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses,
rights, consents, and permissions to use and authorize StarBooth to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of
C. For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to StarBooth, you hereby grant StarBooth a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions in connection with the
StarBooth Website and StarBooth's (and its successors' and affiliates') business, including without
limitation for promoting and redistributing part or all of the StarBooth Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby grant each user of the
StarBooth Website a non-exclusive license to access your User Submissions through the Website, and to
use, reproduce, distribute, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The above licenses granted by you in
User Videos terminate within a commercially reasonable time after you remove or delete your User
Videos from the StarBooth Service. You understand and agree, however, that StarBooth may retain, but
not display, distribute, or perform, server copies of User Submissions that have been removed or
deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
connection with User Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant StarBooth all of the license rights
E. You further agree that you will not, in connection with User Submissions,
submit material that is contrary to applicable local,
national, and international laws and regulations.
F. StarBooth does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and StarBooth expressly
disclaims any and all liability in connection with User Submissions. StarBooth does not permit
copyright infringing activities and infringement of intellectual property rights on its Website, and
StarBooth will remove all Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. StarBooth reserves the right to remove
Content and User Submissions without prior notice.
Account Termination Policy
A. StarBooth will terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer.
B. StarBooth reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of Service for violations
other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. StarBooth may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other
content infringes upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is allegedly
- Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
- Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit the service provider to locate
- Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
- A statement that
you have a good faith belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
- A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission
that was removed (or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post
and use the content in your User Submission, you may send a counter-notice containing the following
information to the Copyright Agent:
- Your physical or electronic
- Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed or disabled;
statement that you have a good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
- Your name, address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the federal court in San
Francisco, California, and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the
Copyright Agent, StarBooth may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease disabling it in 10 business
days. Unless the copyright owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at StarBooth's sole discretion.
YOU AGREE THAT YOUR USE OF THE StarBooth WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, StarBooth, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. StarBooth MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE StarBooth
WEBSITE. StarBooth DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE StarBooth WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND StarBooth WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL StarBooth, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE StarBooth WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
YOU SPECIFICALLY ACKNOWLEDGE THAT StarBooth SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered
by StarBooth from its facilities in the United States of America. StarBooth makes no representations
that the StarBooth Website is appropriate or available for use in other locations. Those who access or
use the StarBooth Website from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
You agree to defend, indemnify and hold harmless StarBooth, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the StarBooth Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a
third party. This defense and indemnification obligation will survive these Terms of Service and your
use of the StarBooth Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of
13, as the StarBooth Website is not intended for children under 13. If you are under 13 years of age,
then please do not use the StarBooth Website. There are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by StarBooth without restriction.
You agree that: (i) the StarBooth Website shall be deemed solely based in California; and (ii) the
StarBooth Website shall be deemed a passive website that does not give rise to personal jurisdiction
over StarBooth, either specific or general, in jurisdictions other than California. These Terms of
Service shall be governed by the internal substantive laws of the State of California, without respect
to its conflict of laws principles. Any claim or dispute between you and StarBooth that arises in
whole or in part from the StarBooth Website shall be decided exclusively by a court of competent
jurisdiction located in San Mateo County, California. These Terms of Service, together with the
Privacy Notice at http://www.StarBooth.com/t/privacy
and any other legal notices published by StarBooth on the Website, shall constitute the entire
agreement between you and StarBooth concerning the StarBooth Website. If any provision of these Terms
of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and StarBooth's failure to assert any
right or provision under these Terms of Service shall not constitute a waiver of such right or
provision. StarBooth reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any changes. Your use of
the StarBooth Website following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms. YOU AND StarBooth AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE StarBooth WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.