Last Modified on MAY 8, 2018
By using the App, even without creating an account, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the App between you and Stardust, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to download, operate, or otherwise use the App.
Stardust reserves the right to update or change these Agreement at any time by posting the most current version of the Agreement on the Site or within the App, with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. Your continued use of the App after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the App.
The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and Stardust, the App is the sole and exclusive property of Stardust. You will not acquire any rights in connection with the App, nor any individual components or elements of the App, through your use.
Your use of the App is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and a fully authorized representative of Stardust. The App is licensed, not sold.
You must be at least 13 years of age to access and use the App.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE APP AS DETAILED BELOW.
- Grant of License
The App is licensed to you by Stardust for personal use on your personal computer, mobile smartphone device, or other authorized devices. All other uses are prohibited.
- Your Conduct as a User of the App. You are responsible for your conduct as a member of the community and as a user of the App.You represent, warrant and agree that you will not engage in conduct or communication (video, written, verbal, or nonverbal), either yourself, or by or through your account or avatar, which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
- is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the App an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the App or contains a virus or other harmful component;
- hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the App experience;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the App or otherwise interferes with the App;
- is a chain letter, or constitutes junk mail;
- specifies or claims that that you are affiliated with Stardust when you are not, including without limitation a “Administrator,” “Moderator,” or any other employee or agent of Stardust;
- requests account login information from other users;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses or possesses programs to “crack” the App or other Internet security tools;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the App;
- restrict or inhibit any user from using and enjoying the App; or
- anything else that Stardust in its sole determination deems harmful to the App’s or to Stardust’s integrity or business.
- User Generated Content. Any information, material, and content which you and other users post, contribute or otherwise submit through the App is generally known as “user generated content,” “Content,” or “UGC” for short. Your UGC includes any posts, uploaded videos or images, articles or comments posted on the App’s chat, forums or other venues. Whilst our moderators will give regard to these Terms, their decision (for example, as to removal of any UGC) will be final.
By posting content, you represent you are the owner of the UGC, and give Stardust permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
By way of example only, this will include permission to; make your UGC available through the App to other users or; in advertising the App. You are granting to every other user of the App unlimited, non-terminable and free permission to use all or any part of your UGC for non-commercial purposes.
- Discoverability of UGC. When you upload UGC, you have an option to mark that UGC as “Discoverable” or not. If you opt to make the UGC Discoverable, you agree and acknowledge that the Discoverable UGC may be discovered by and promoted to other users and distributed to media organizations, including news outlets, blogs, and TV channels.If you opt to make your UGC Not Discoverable, then the UGC will only be visible to your followers on the App. Any comments that you post on your or other users’ UGC will be made public in accordance with the discoverability settings of that particular UGC.However, Stardust cannot guarantee the privacy of any UGC. If you post any UGC on the App, post a reply to another user’s UGC, or interact with the App in any way, it may potentially be visible to anyone.
- Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Stardust owns, has licensed, or otherwise has rights to all the content that appears in App.
You agree that you have no right or title in or to any such content, including, without limitation, your account name, account data, or any other attributes associated with an account.
- Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the App. You further agree that the contents of any messages, posted videos, or other communication sent from your account, whether in or through chat rooms, forums, reactions, responses, direct user-to-user communication, or by other means, is the property of Stardust and may be accessed, reproduced, or distributed by Stardust as it sees fit. Stardust will fully cooperate with law enforcement and other governmental entities in policing the content of the App. If you are under the age of 18, Stardust reserves the right to release transcripts of your chats, or other in-App communication, to your parents, guardian, or other adult authority figure(s).
- Suspension of Accounts. We may, at our sole discretion, immediately suspend or terminate your access to the App should your conduct, in our sole determination, fail to conform with this agreement.
- Data Charges. You agree that you are responsible for all data charges you incur through use of the App.
- Exposure to Content. You understand that when using the App, you will be exposed to Content from a variety of sources, and that Stardust is not responsible for prescreening, monitoring, editing, or removing such Content, or for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Stardust and, to the extent permitted by applicable law, agree to indemnify and hold harmless Stardust, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the App.
- The App is supported by advertising revenue and may display advertisements and promotions in the App. You understand that when using the App, you will be exposed to those advertisements and promotional materials, either on their own or in conjunction with your Content and other user Content. The way these materials are presented to you, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such.
- Description of Other Rights and Limitations
- Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the App.
- Virtual Goods and Services. You may have the option to purchase virtual currency, virtual items, subscriptions, video content, and services (collectively “Virtual Goods”). The amount of these Virtual Goods may be changed or altered at any time by Stardust, and Stardust may take away or award Virtual goods in its sole discretion.There are no refunds for Virtual Goods, and all transactions are deemed final when fully processed.
- The license granted hereunder is non-transferable. The App is licensed for your use only and only on a personal computer or other authorized device. You may not distribute the App to any third party.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the App, or take any steps to recreate of recover the source code of the App and waive any right to do so.
- You may not rent, lease, or lend the App, or offer it for any commercial use or purpose.
- Support Services. Stardust may in its sole discretion provide you with support services related to the App (“Support Services”). Stardust is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Stardust under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the App, as between you and Stardust will be and remain the sole property of Stardust, and will be subject to the terms and conditions of this Agreement.Stardust support may be reached by contacting us via email at [email protected]
- Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the App.
The term of this Agreement will commence upon download of the App and will continue for so long as you have in your possession or control any copies of the App. Without prejudice to any other of its rights, Stardust may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, but not in limitation, Stardust may elect to terminate this Agreement and your rights in connection with the App if Stardust, in its sole determination, discontinues the App, stops supporting or maintaining the App, ceases to provide updates, no longer offers the App for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the App by Stardust, no refunds will be given for outstanding Virtual Goods, downloadable content, or other in-App purchases. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the App in your possession. If modification of the Agreement by Stardust materially affects your rights in connection with the App, which determination will be made by Stardust in its sole determination, Stardust may, but is under no obligation to, notify you by sending an email message to your last email address known to Stardust or through the App. Stardust will have no liability if you do not receive Stardust’s notification.
Termination of this Agreement by the user can only occur after the deletion of all copies of the App in user’s possession, and by deleting the user’s account, if any, by notifying customer support at [email protected]
The App may provide, or third parties including other App users, may provide links to other websites, apps or resources (the “Linked Services”), which are not maintained by, or related to Stardust or the App. Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Stardust. Stardust has no control over these Linked Services and Content and makes no representations or warranties about the content, completeness, quality or accuracy of any such Linked Service. Therefore, you acknowledge and agree that Stardust is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that Stardust is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any Content, goods or services offered through these Linked Services or any failures or disruption to your computer system or device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the App are solely between you and that third party.
YOU AGREE THAT STARDUST HAS THE RIGHT TO DISABLE ANY LINK THAT YOU HAVE POSTED WITHOUT ANY NOTICE TO YOU.
- As between you and Stardust, all title, including but not limited to copyrights, in and to the App and any copies thereof, and any content created by you in or in connection with the App (such as, but not limited to the contents of any chats, user-to-user communication, and other text) are owned by Stardust. As between you and Stardust, all title and intellectual property rights in and to the content which may be accessed through use of the App is the property of Stardust and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Stardust, all title, including but not limited to copyrights, in and to Virtual Goods or services that may accrue to you through use of the App, and any copies thereof, whether or not acquired with consideration, are owned by Stardust, provided for entertainment purposes only for your exclusive use only in connection with the App. These Virtual Goods or services may not be sold, bartered, or traded without the consent of Stardust. No property or other proprietary rights in or to Virtual Goods or services will accrue to you under any circumstances. This Agreement grants you no rights to use such content except in and in connection with the App, as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by Stardust.
- Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us at [email protected] 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 infringed;
- 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 the material;
- Information reasonably sufficient to permit the us 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.
6.3 Counter-notice. If you believe your content was removed (or disabled) and is not infringing, or that you have authorization from the copyright owner, the owner’s agent, or pursuant to law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- 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;
- A 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 Los Angeles, 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, Stardust 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 Stardust’s sole discretion.
- No Warranties
Stardust expressly disclaims any warranty in, to, or for the App. The App is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
STARDUST EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
You assume the entire risk associated with operation of the App. Stardust does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the App. Stardust makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Stardust further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the App. Stardust cannot guarantee the integrity of the App or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the App is loaded and operating.
- Limitation of Liability
In no event will Stardust be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the App, or the use or inability to use the App by any third party that may have access to the App by or through you, even if Stardust has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.
Stardust has no liability with respect to user conduct, UGC, Virtual Goods, the content of the App or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
Stardust has no liability with respect to any Third-Party content, including but not limited to ads, pop-ups, pop-overs, advertisements, trailers, images or data displayed as part of the App.
Stardust is not a backup service, and you agree and acknowledge that Stardust has NO LIABILITY to keep backups or archive copies of your Content or any Content, and you agree not to rely on Stardust to do so. Stardust is NOT LIABLE for any loss of Content whatsoever.
- Your Representation to Stardust
As a material inducement to Stardust entering into this Agreement with you, you represent to Stardust that you are at least thirteen (13) years of age, and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements.
- Disclosures Required by Law
Stardust reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Stardust reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Stardust to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD STARDUST HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STARDUST DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STARDUST OR LAW ENFORCEMENT AUTHORITIES.
- Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California without regard to its conflict of law provisions and you agree to submit to the exclusive jurisdiction of the courts of Los Angeles, California to resolve all disputes related to this Agreement.
- Binding Arbitration
- Arbitration Procedures. You and Stardust agree that, except as provided in Section 13.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
- Except as otherwise set forth in Section 13.5 below, you may seek any non-injunctive remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Stardust may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND STARDUST WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
- You and Stardust agree that any arbitration will be limited to the Claim between Stardust and you individually. YOU AND STARDUST AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Stardust agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Stardust’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- You and Stardust agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 13.5), that portion will be severed and the remainder of the Section will be given full force and effect. If Section 13.5 is found to be illegal or unenforceable, then neither you nor Stardust will elect to arbitrate any Claim falling within that portion of Section 13.5 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the City of Los Angeles, California, and you and Stardust agree to submit to the personal jurisdiction of that court.
- UNITED STATES OF AMERICA SPECIFIC SECTION: CLASS ACTION WAIVER
If you are a user of our services in the United States of America, the below terms are incorporated into this Agreement, and overrides this Agreement to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF STARDUST’S SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY.
- Miscellaneous Terms
- By your consent in this Agreement, Stardust may contact you for any of the following, by example and not by limitation: information you provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.
- No Waiver. The failure of Stardust to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Stardust must be in writing and signed by an authorized representative of Stardust.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to Stardust at [email protected]