STARS UNCOVERED TERMS OF SERVICE
Last updated: 11th of September 2017
- Acceptance of the Terms:
- Changes to these Terms of Service:
We reserve the right to change, amend or modify any of these Terms at any time. We may also, at our discretion, change, suspend or discontinue or restrict access to any Service, feature or section of the Site without prior notice or liability. Notice of such changes will be posted on the Site or sentvia email and shall take immediate effect when posted on the Terms of Service page of this website. By continuing to use the Site after we post any such updates or amendments, you fully accept the Agreement as amended. Please note that no modification of these Terms shall apply to any dispute between you and the Company that arose before the date of modification.
- Rules of Conduct:
Stars Uncovered provides a platform for musicians and fans to interact and share linked music or video content. As a condition of use, you promise not to impair, abuse, or use the Service or exploit the Site or, where relevant, any vulnerability of the Site. Service includes but is not limited to Content provided for your own personal, non-commercial use except with respect to individual recording artists selling music or other content as authorized through the Service.
You are responsible for providing and maintaining truthful, current and complete information for your accounts including as applicable, your name, username, contact and/or payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.It is your responsibility to maintain confidentiality and security of your login credentials, and you are responsible for all activities under your account that you can reasonably control. You must not disclose your password or other login information to any person; any use of your account by any person other than yourself is ground for suspension or termination of your account. You must promptly notify us of any unauthorized access or use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Stars Uncovered services. Stars Uncovered will not be liable for any loss, damage or harm that you incur from your failure to protect your account information.If you submit untrue, misleading, false or incomplete information in violation of these Terms, or engage in, encourage or advocate for illegal conduct or where we have sufficient grounds to believe that such is the case, we reserve the right, in our sole and absolute discretion, to take steps to verify the accuracy of information you provide or otherwise suspend or terminate your account and refuse use or future use of the Site.
- Bullying & Discrimination:
By using the Service, you hereby AGREE to uphold a respectful and tolerant environment and ensure that you do not discriminate or bully any user for any reason irrespective of the content they link to their profile. This prohibition does not seek to prevent constructive criticism as long as such criticism does not infringe any of the Terms outlined herein. What constitutes constructive criticism is entirely to our discretion. If a user is found to abuse the right to constructive criticism in violation of these Terms, Stars Uncovered may terminate or suspend such user’s account with subsequent notice.
- Reporting Violations:
Users who wish to report a breach in any of the terms outlined in this agreement may do so by using the ‘report’ function displayed in all membership areasor by reporting a breach via the ‘Contact Us’ page.
- Minimum Age:
Our service is available to individual who are 13 years and older. In addition, users between 13 to 17 years of age require parental or guardian consent to use the Service. This consent is presumed.
- Reporting Copyright Violations
Content owners who wish to make a complaint about any media (audio or visual) used by a user of the Service are encouraged to email our administration team at: firstname.lastname@example.org with a full explanation of the content they wish to have removed. You must be willing to prove that you are the rightful owner of the content before we can review it for removal. We do not host user content. We simply share already uploaded files from other websites through embedded code. Should you wish to proceed with copyright infringement action, we highly encourage you to contact the third party website where the content is hosted.
- Links to Other Websites
At times, our Service may contain links to third-party web sites or services that are not owned or controlled by us. Even though we include such links, we do notmonitor, have control over, or assume responsibility for the content, privacy policies, or practices of any third party web sites or services. If you access third party sites or services via links hosted on our site, you do so at your own risk and we shall not be liable, directly or indirectly, for any harm, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Ownership and Intellectual Property Rights
The Service and its original content, features, and functionality are owned by Ricky Morgan – The Founder of Stars Uncovered, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Site for your own personal, limited commercial use in the sense of selling or buying music services. You may not sell, copy, re-publish, distribute, translate, transmit, exploit, and create derivative works of our Service or its content and features. We hereby forbid the use of images and or trademarks & service marks of the Service for any commercial or private use unless expressly authorized. All logos and trademarks or images contained within this site remain the property of their respective owners. URL links to user content on the Service can be shared through any means of communication, including the use of the social media share functions throughout this site.You also agree that you will not in any way modify, circumvent or tamper with any Service, content or feature of the Site or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms or whose conduct is harmful to the interests of Stars Uncovered.
All rights in any music products, logos and trademarks or images that is made available on or through the Site including CDs, DVDs, audios and audio-visual recordings or audio and audio-visual downloads, are owned by the respective copyright owners.
- User Embedded Content
Our site only allows users to embed video and music content hosted on third party web sites and we do not host the actual content. Any embedded content posted by users must adhere to these Terms, and must not infringe the copyright or other intellectual property laws of any country. Should a third party wish to file a copyright infringement notice, such as, for instance, under the Digital Millennium Copyright At, you are encouraged to contact the hosting web site. Stars Uncovered bears no responsibility whatsoever in receiving, inspecting or investigating any claim of copyright infringement relating to content linked to and from the Site. Registered Users of the Service accept that the embedded content they link to their personal profiles is obtained legally, or with express permission from the content’s owner. Failure to adhere to this requirement may result in account suspension or termination. By linking any content through the Service you agree that the content will be available for viewing by any member of the public, including individuals who have not registered for an account. Linking content that does not belong to you is strictly prohibited.
- Free Platform
Stars Uncovered is a free platform where artists and fans meet, interact and/or exchange their services or information or products. We do not charge any membership/subscription fees. You agree that we do not in any way and manner whatsoever purport to be an agent, commission agent, broker or representative of any party. Stars Uncovered will not be a party to any discussions, negotiations or contractual arrangements between fans and artists or their agents.
- Content Restrictions
All Content including visual and audio files shared or embedded by users must not contain any of the following: Obscene or pornographic images and/or videos, explicit nudity, content that is discriminatory against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, sexual orientation or other status, violent or graphic content, spam, scams or other malicious content as well as copyrighted material (unless you own it or have express permission to use it). All posts published in the Members Forum must not contain any defamatory or illegal content. These forums are monitored, and any account found to be in breach of these terms will be banned or suspended with subsequent notice.
- Music Covers
Performing a cover of an artist’s song does not necessarily give you the legal right to upload it on social media web sites. You may need permission from the copyright owner of the original content to link it legally to our Service. Linked content found to be in breach of this term will be deleted with subsequent notice.
- Limitation of Liability
To the extent that the Site is provided for free of charge and for informational purposes, In no event shall Stars Uncovered, nor its directors, agents, partners be held liable under contract, tort, strict liability, negligence or any other legal or equitable cause of action with respect to the Service for (i) any loss of profits, income, anticipated savings, reputation or goodwill, data, content, contracts or business relationships or damages (whether special, indirect, incidental, punitive, or consequential damages); and any (ii) bugs, viruses, Trojan horses, or the like (irrespective of the source of origin).We are not a buyer, representative, broker or agent of any party in any transaction between Artists and fans. In the event of dispute between one or more parties in their transactions, you agree that the we, including our affiliates, agents, partners and/or employees) will be released from claims and damages whatsoever and howsoever caused, foreseeable and unforeseeable , arising out of or in any way connected with such disputes. Since we are not an umpire, and we shall have no obligation to resolve or mediate any dispute between the parties to any transaction related to the Service.
You acknowledge further that we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any errors or omissions in that information.
By using this website, you AGREE that the exclusions, terms, and limitations of liability set out in these Terms of Service are reasonable. If you do not think they are reasonable, you must not use this website.
- Other Parties:
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our employees. You AGREE that you will not bring any claim personally against us (or our employees) in respect to any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you AGREE that the limitations of warranties and liability set out in these Terms of Service will protect us and our employees.
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, the breaching of any of these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Conditions Relating to Purchases and Payments
- In order to post and link your content to the Site, you will need to open an account containing your accurate personal details.
- Where applicable, and unless provided otherwise, prices and/or fees on the Site will be inclusive of Value Added Tax (VAT).
- An advertising exposure fee (which varies depending on the feature purchased) will be charged for users who want to increase the visibility of their content, so as to motivate targeted consumers to buy or use the said products or services.
- All payments of the exposure fee or any other feature or product available through the Site must be paid via PayPal only.
- When paying through PayPal, you can use your PayPal account or pay by credit card even if you don’t have a PayPal account. Please visit the PayPal website for more information.
- When payment is completed, PayPal will send you an email where you can view the details of your transaction and download your invoice.
- Exposure fees may be charged for all premium features on this Site, click here to learn more about the paid features we offer.
- Exposure fees are calculated in USD.
- You hereby agree to pay all charges and/or fees incurred by you or on your behalf through in connection with any product, service or transaction made available through the Site, including without limitation, exposure fees, and any other applicable charges relating to paid features offered on this Site.
Payments must be made at the prices in effect at the time when such charges are incurred.
- You expressly agree that you will be responsible for any taxes or levies, including VAT or import duty that may be imposed on your transaction.
- Except as otherwise provided by these Terms or applicable laws, all sales and purchases through the Site are final and the payment from those sales is non-refundable.
- Where we refer you to a third-party website for the purchase of products, services or linked content, we do not make any warranty or representation as the quality of the content, services or products or and we shall not accept responsibility for the eventual transaction.
- If a separate agreement provided by us, our partners or other third party governs a particular transaction or your use of particular Product and where the terms of such agreement conflict with these Terms, the terms of such an agreement will prevail.
- Governing Law
Without regard to its conflict of law provisions, the laws of the Queensland, Australia shall govern this agreement and any dispute arising thereof must be handled exclusively in courts in Queensland, Australia.
Failure or omission by us to exercise any rights or seek remedy for any breach of provisions of this Agreement shall not be construed as waiver of such rights or remedy nor shall a waiver of either party of default in one or more occasions be construed as a continuing waiver or as waiver of any other breach.
If one or more of the provisions of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity, operation or enforceability of the other provisions.
- Entire Agreement:
These Terms constitute the entire agreement between us and you regarding our Service herein, and supersede and replace any prior agreements between us and you regarding the Service.
Stars Uncovered makes no warranty or representation, express or implied, that the Site or its functionality will meet your expectations or requirements or that it will not infringe the rights of third parties, or that the service made available through the site will be compatible, timely, secure, uninterrupted or error free at all times. It shall be your responsibility to ensure that any services, products or linked content made available through the Site meets your expectations and requirements. Except for the screening and approval of linked content, Stars Uncovered has neither control over nor involvement in any linked content and accepts no liability whatsoever for any actions taken, or any products or services hosted or provided through or at any linked Site.You agree that we publish linked content and information for your convenience and we accordingly disclaim all warranties, express or implied, including but not limited to any warranty as to the accuracy, timeliness, uninterrupted access or use, performance, completeness or suitability of the service, linked content or materials found or offered on or via the Site for any particular purpose. While Stars Uncovered will take we take all reasonable measures to provide accurate and timely information, you acknowledge that there may be unintentional, technical errors or factual inaccuracies. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law. Your use of services, information and/or materials or services at this website is entirely at your own risk for which we shall not be liable.We reserve the right to make any correction, update or changes to any feature or section of the Site at any time without prior notice, including without limitation after you have opened an account or completed a transaction. We do not warrant that the information provided herein is appropriate to your jurisdiction or that the products linked on this Site will be available for purchase at all times and in all jurisdictions.
- DEFINITIONS AND INTERPRETATIONS
“Site” refers to com , a website owned or operated by Ricky Morgan (hereinafter “Stars Uncovered” “Company”, “we”, “us” or “our”).
The “Artist” refers to a user who creates, performs and releases music, whether independently or through a record label and who promotes, or offers for sale any of its content through embedded links to the Site.
“Content” includes, without limitation, any user submissions, videos, audio or audio clips provided, or otherwise made accessible by Company or its partners on or through the Service.
“User”, ”You” or “Your” refers to any person who registers or opens an account with Stars Uncovered and/or accesses or uses information and/or music content Services provided on or through the Site.
- Contact Us
Founder of Stars Uncovered.Email: email@example.com
Mail: PO BOX 2519,
Burleigh BC, Queensland, 4220, Australia