Your use of the StarNews Mobile channels and services, including the website http://starnewsmobile.com and other related websites; access to StarNews Mobile channels and features using web, SMS, email, USSD, smartphone client or any other mode, hereinafter referred to as the (“Services”), will be governed by the following terms and conditions.
The Services are currently being provided by SMS-VIDEO, INC., a company registered at 2140 S. DuPont Highway, City of Camden, County of Kent, Delaware 19934, owner of the StarNews Mobile service (hereinafter referred to as “StarNews Mobile”).
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. In consideration for StarNews Mobile granting you access to and use of the Services, you agree that StarNews Mobile and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
1.1. Your access to and use of the Services signifies your acceptance and agreement with these Terms. If you do not agree to any of these Terms, please do not use these Services.
1.3. Although StarNews Mobile may, without any obligation, attempt to notify you, when major changes are made to these Terms, You are responsible for periodically reviewing any changes which may be made to the Terms. StarNews Mobile may, in its sole discretion, modify or revise these Terms at any time, once the updated Terms are released on StarNews Mobile’s website at http://starnewsmobile.com/terms-and-conditions/, the updated Terms will effectively replace all original and previous Terms and you shall be deemed to have been notified of the updated Terms and you agree to be bound by such modifications or revisions.
- Use of the Services
2.1. StarNews Mobile gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to watch videos recorded by celebrities that are provided to you by StarNews Mobile as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by StarNews Mobile, in the manner permitted by these Terms.
2.2. Unless specifically permitted, You may never transfer the videos to another person, this will be considered as illegal and unauthorized.
2.3. You agree to use the Services only for purposes that are permitted by these Terms, and any applicable law, regulation or generally accepted practices or guidelines prevailing in the relevant jurisdictions.
2.4. Unless you have been specifically permitted to do so in a separate agreement with StarNews Mobile, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.5. You agree that you are solely responsible for any breach of tour obligations under the Terms and Conditions for the consequences of any such breach. Furthermore, although StarNews Mobile will not be liable for your losses caused by any unauthorized use, you may be liable for StarNews Mobile’s losses due to such unauthorized use by you .
2.6. All rights, titles, and interests in and to the Services are and will remain the exclusive property of StarNews Mobile and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States of America and foreign countries. Nothing in the Terms gives you a right to use StarNews Mobile’s name or any of the StarNews Mobile’s trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding StarNews Mobile, or the Services is entirely voluntary and StarNews Mobile will be free to use such feedback, comments or suggestions as StarNews Mobile see fit and without any obligation to You.
3.1. You will not send or otherwise use the Services for unauthorized commercial communications.
3.2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme through the Services.
3.3. You will not intimidate, harass or otherwise bother any user or any content provider
3.4. You will not promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
3.5. You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
- Content on the Services
4.1. The content of all Services is the sole responsibility of the person who created them using the Services (hereinafter referred as the “Content”). StarNews Mobile is, in no manner whatsoever, responsible for monitoring or controlling the same and is in no way liable for such Content.
4.2. StarNews Mobile reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users without prior notice or assigning any reasons whatsoever and is under no obligation to obtain prior consent for such acts. StarNews Mobile also reserves the right to access, read, preserve, and disclose any information as StarNews Mobile reasonably believes is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of the Services, its users and the public.
4.3. You are solely responsible for any use of or reliance on any materials created using the Services or obtained by you through the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
4.4. StarNews Mobile does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted through the Services.
4.5. Under no circumstances will StarNews Mobile be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available using the Services.
- Intellectual Property Rights
5.1. StarNews Mobile respects the intellectual property rights of others and expects users of the Services to do the same.
5.2. StarNews Mobile will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to StarNews Mobile. If You have a reason to believe that the Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) 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 us to locate the material;
(iv) Your contact information, including Your address, telephone number and an email address;
(v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
- Digital Millennium Copyright Act
9.1. 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 by providing our Copyright Agent with the information required under 17 U.S.C 512(c)(3) in writing.
- Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARNEWS MOBILE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT STARNEWS MOBILE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2. YOU SPECIFICALLY ACKNOWLEDGE THAT STARNEWS MOBILE SHALL NOT BE LIABLE FOR ANY 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.
7.3. The Services are controlled and offered by StarNews Mobile from its facilities in the United States of America. StarNews Mobile makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8.1. You agree to defend, indemnify and hold harmless StarNews Mobile, its 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:
a) Your use of and access to the Services;
b) Your violation of any term of these Terms;
c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or d) Any claim that any content posted by you using the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
- Warranty Disclaimer
9.1. Your access to and use of the Services or any Content is at Your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, STARNEWS MOBILE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. StarNews Mobile makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. StarNews Mobile will not be responsible or liable for any harm to your smartphone system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that StarNews Mobile has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. StarNews Mobile makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from StarNews Mobile or through the Services, will create any warranty not expressly made herein.
- Ability to Accept Terms of Service
11.1. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by StarNews Mobile at its sole discretion.
12.1. This Agreement shall be construed and enforced according to the laws of the State of California, United States of America, without respect to its conflict of law principles. All litigation arising under or related to these Terms shall be brought in the Los Angeles Superior Court as permitted by law.
- Entire Agreement
13.1. These Terms and Conditions are the entire and exclusive agreement between StarNews Mobile and you regarding the Services (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between StarNews Mobile and you regarding the Services.
- Waiver and Severability