StarPop, LLC ("Us" or "We") provides the StarPop application (the "app") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use").
1. International Use
This app is intentionally not usable worldwide, and we make no representation that materials on this app are appropriate or available for use in locations outside Hollywood or the United States. Those who choose to access this app from other locations do so on their own initiative and hereby advised that the advertised functionality will not work in other locations. Any offer for any product, service, and/or information made in connection with this app is void.
2. Disclaimer of Warranties
THIS APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE AUGMENTED REALITY TECHNOLOGIES WHICH THIS APP IS BUILT UPON ARE NOT WITHOUT DEFECT AND LIMITATIONS ON USE, INLCUDING BUT NOT LIMITED TO DIFFICULTIES WITH LIGHTING, SHADING, WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE APP WILL MEET YOUR REQUIREMENTS, (B) THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE NATURAL, EFFECTIVE, ACCURATE, RELIABLE, OR FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that the services available on this app are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP.
4. User's Acknowledgment and Acceptance of Terms
These Terms of Use are effective as of 1/1/2012. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this app after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this app and/or its contents.
5. Description of Services
We make available information about celebrities in the form of real-life pictures and life-size information via this app. You are responsible for providing, at your own expense, all equipment necessary to use the app, including but not limited to an Android or iOS enabled smartphone with video camera that is capable of rendering augmented reality data, and access to the internet to conduct downloads of the app or its available upgrades (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the app, including any of the appÕs features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this app shall also be subject to these Terms of Use.
6. Conduct on App
Your use of the app is subject to all applicable laws and regulations, and you are solely responsible for your use of the images and information provided via the app. By using this app, you agree that you will not use the app in such a way:
a. to portray yourselves or the celebrities in situations that depict commercial or product endorsements, and publicly distribute such portrayals;
b. to graphically depict the celebrities engaged in any defamatory, explicit, deceptive, tortious, threatening, or abusive situations;
c. that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
e. that impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the depictions generated by users of the app. We generally do not pre-screen, monitor, or edit the content generated by users on or through this app, and cannot control the use of any derivative images created through the app. However, we have the right at our sole discretion to discontinue service of any requested upgrades or updates for any user that, in our judgment, does not comply with these Terms of Use, or is otherwise harmful, objectionable, or inaccurate.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the app may be available to you or other authorized users of the app. You shall not interfere with anyone elseÕs use and enjoyment of the app or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our app without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
7. Intellectual Property Information
Copyright (c) 1/1/2015 StarPop, LLC All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our app.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this app is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of StarPop, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute this app in any form or by any means without prior written permission from us. Any unauthorized use of the materials appearing on this app may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The following are registered trademarks, trademarks or service marks of StarPop, LLC or its Affiliates: StarPop and its associated graphics. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of StarPop, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of StarPop, LLC or its Affiliates.
8. Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this app believes its copyright, trademark or other property rights have been infringed by an image on this app, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (or other information sufficient to specify the specific right being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Law Offices of Chris Nunes, Esq.
Address: 8335 Sunset Blvd, 3rd Fl., LA CA 90069
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our app without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneyÕs fees, that arise from your use or misuse of this app. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the app with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this app immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this app. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
11. Governing Law
This app (excluding any linked apps) is controlled by us from our offices within California, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this app both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this app and the purchase of products and services available through this app. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
12. Notices & Contact
Except as explicitly noted on the app, the services available through this app are offered by StarPop, LLC, a California limited liability company. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to legal@starpopapp.com, if by email, or at StarPop, LLC 8335 Sunset Blvd, 3rd Fl., LA CA 90069 if by conventional mail. If you notice that any user is violating these Terms of Use, please contact us at legal@hollywoodstarpop.com. We may broadcast notices or messages through the app to inform you of changes to the app or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
13. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this app is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
14. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneysÕ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not transfer your copy of the app to any other person, other than as provided in the relevant app marketplace you purchased it through. Consistent with this, you may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this app, use of or access to this app, or materials created through this app. You further agree not to post any portion of this app or materials created through this app that does or may portray any of the subjects in any disparaging light, unpermitted commercial endorsement You agree that any infringing use of the app may subject you to legal liability.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our app arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.