MEGASTAR – TERMS OF SERVICE AND USE
Last modified: July 24, 2017
These terms of service and use are entered into by and between You and MSM Corporation International Ltd (“MSM”, "Company", "we" or "us"). The following terms and conditions, together with Company’s Privacy Policy, the Contest and/or Audition Rules, our Community Guidelines, and any other documents they expressly incorporate by reference (collectively, these "Terms of Service and Use") govern your access to and use of the Company’s Website located at https://www.megastarmillionaire.com and the Company’s Mobile Application, including but not limited to, any content, functionality, feeds, software or other offerings provided on or through the Website or Mobile Application (the "Services), whether as a guest or a registered user.
Please read these Terms of Service and Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service and Use, Privacy Policy, Contest and/or Audition Rules, and our Community Guidelines (together referred to as the "Agreements") found at or on the Website, and incorporated herein by reference. If you do not want to agree to these Terms of Service and Use or the Privacy Policy, you must not access or use the Website or Mobile Application. In addition, if you choose to participate in any contests offered by the Company or otherwise upload a video to the Website or Mobile Application, you also accept and agree to be bound and abide by the Contest Terms and Conditions found at or on the Website, and incorporated herein by reference.
1. Eligibility
The Services are offered and available to users who are either 18 years of age or older, or who are 13 years or older and also have their parent or guardian's consent to the Terms of Service and Use (except as set forth in the chart below and as set forth in Section 15 of these Terms of Service and Use), and have the power to enter a binding contract with us and not be barred from doing so under any applicable law, and be a resident of a country in which the Services are available. Participation in certain states in the United States, Northern Ireland, and Quebec, Canada is unavailable. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements, or have parental permission to do so. If you do not meet all of these requirements, you may not access or use the Services.
If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions, and/or the Audition Rules for each contest:
Country
Age Requirements
Chile, Ecuador, Paraguay, Peru
Must be 18 or older, or be 15 or older and have parent or guardian consent.
Brazil
Must be 18 or older, or be 16 or older and have parent or guardian consent.
Nicaragua, Taiwan
Must be 20 or older, or be 13 or older and have parent or guardian consent.
Bulgaria, Hungary, Germany
Must be 18 or older, or be 14 or older and have parent or guardian consent.
Italy
Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parent/guardian will enter into contract on behalf of you).
Malaysia
Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement.
Lithuania
Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement.
Canada
Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. Residents of Quebec may use the Services but are prohibited from entering the worldwide talent search competition.
Spain
Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you.)
New Zealand
Must be 15 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence (in New Zealand the age of majority is 18), or 15 or older with parent or guardian consent.
We may revise and update the Terms of Service and Use from time to time in our sole discretion and without any prior notice. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service and Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access the Services so you are aware of any changes, as they are binding on you.
2. Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide as a part thereof, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your computer and/or mobile device are aware of these Terms of Service and Use and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services are correct, current and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Mobile Application or Website, is governed by our Privacy Policy and the Contest Terms of Service and Use, as applicable, and you consent to all actions we take with respect to your information consistent with the foregoing.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service and Use.
3. Use of the Service
These Terms of Service and Use apply to all users of the Services, including users who are also contributors of Content to the Mobile Application or Website. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute through the Mobile Application or Website. The Terms of Service and Use apply to all aspects of the Services, including but not limited to all products, software and services offered via the Website and/or Mobile Application, such as profiles, video players, upload functionality and other applications.
The Services may contain links to third party applications that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party applications. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party application. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other third-party application that you visit.
You may use the Services only for lawful purposes and in accordance with these Terms of Service and Use. You agree not to use the Services:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• In any way that puts yourself or anyone else in danger, this includes, without limitation, during the filming of media or otherwise.
• To defame, bully, intimidate, harass, threaten or impersonate any other user, and you will not display your or any other user’s confidential or private information.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service and Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website or Mobile Application.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Website or Mobile Application.
• Use any manual process to monitor or copy any of the material on the Website or Mobile Application or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper operation of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Mobile Application or Website.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Manipulate the votes in respect of any voting function available on the Services and your use thereof through the use of “click farms” or any other form of fraudulent vote manipulation so as to artificially or falsely multiply votes.
• Otherwise attempt to interfere with the proper working of the Website or Mobile Application.
4. Intellectual Property Rights
The Services and any of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States, New Zealand, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service and Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material included in the Services, except as follows:
• Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser on your computer or mobile device for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You agree to not:
• Modify copies of any materials from this Website or Mobile Application.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Mobile Application in breach of the Terms of Service and Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of any materials you have made. No right, title or interest in or to the Website or Mobile Application or any content on either of the foregoing is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service and Use is a breach of these Terms of Service and Use and may violate copyright, trademark and other laws.
The Company name, the terms Megastar Millionaire, Megastar, MSM and the Company logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans included as part of the Services are the trademarks of their respective owners.
5. User Contributions
The Services may contain message boards, personal web pages or profiles, forums, bulletin boards, links to YouTube® and other media applications and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Mobile Application.
All User Contributions must comply with the Content Standards set out in these Terms of Service and Use, the Contest and/or Audition Rules, and/or our Community Guidelines. Furthermore, if any User Contributions are being submitted with the intention of being a part of our contest, then such User Contributions must also comply with the Contest and/or Audition Rules, and/or our Community Guidelines, incorporated by this reference and made a part hereof, a copy of which can be found at https://www.megastarmillionaire.com.
Any User Contributions that you post to the Website or Mobile Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Mobile Application or Website, you grant us and our affiliates and service providers, and each of our, and their, respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material or any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Service and Use, Contest and/or Audition Rules, and/or our Community Guidelines, as applicable.
• You understand and acknowledge that you are responsible for any User Contributions that you submit or contribute, and that you, and not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible nor liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
You understand that we do not guarantee any confidentiality with respect to any User Contributions that you submit. You shall be solely responsible for your own User Contributions and the consequences of submitting and publishing the same on the Website or Mobile Application. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish all User Contributions that you submit; and you hereby license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Website and/or Mobile Application pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your User Contributions, however, by submitting the same to the Company, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of any User Content for any purpose whatsoever, throughout the universe, including, without limitation, in connection with: (i) the Services, including, without limitation, advertising, marketing, promotion, merchandising and exploitation of any and all ancillary and subsidiary rights associated with or relating to the Services, including any future distribution or redistribution of all or part of any User Content uploaded through the Services (and derivative works thereof); and (ii) the business of Company, including any Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Company may distribute content to end users, whether now existing or hereafter developed and whether operated by Company or any third party (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to Company, these rights include, without limitation, the absolute right to edit and/or alter any User Content, and to distribute and/or synchronize all or any portion of the User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the User Content; to encrypt, encode and decode, and compress and decompress all or any portion of the User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the User Content; and to excerpt and/or extract portions of the User Content in order to host, store, index, categorize and display the User Content on or through the Platforms. Company has no obligation to review the User Content or to use the User Content in any manner whatsoever.
You also hereby grant each user of the Services a non-exclusive license to access your User Contributions through the Website and Mobile Application, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Website or Mobile Application in accordance with these Terms of Service and Use. The above licenses granted by you in terms of User Contributions terminate within a commercially reasonable time after you remove or delete your videos from the Mobile Application and Website. You understand and agree, however, that Company may retain, but not display, distribute, or perform, server copies of your User Contributions that have been removed or deleted. The above licenses granted by you in any user comments you submit are perpetual and irrevocable.
You further agree that User Contributions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Company all of the license rights granted herein.
You further agree that you will not submit any User Contribution nor any other material that is contrary to our Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any User Contribution submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we hereby expressly disclaim any and all liability in connection with the User Contributions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Mobile Application or Website, and we will remove any such content within a reasonable time of being properly notified that such content infringes on another's intellectual property rights. Company reserves the right to remove any User Contribution and/or any other content on the Mobile Application or Website without prior notice.
We are committed to assisting copyright holders to find and remove allegedly infringing content from our Services. We are interested in cooperating with copyright owners in removing material that they believe to be infringing as long as they provide us with information reasonably sufficient to permit us to locate and remove that material.
As a reminder, you have acknowledged and agreed that you own or control all rights in and to any User Contributions posted by you, which explicitly includes any rights necessary to use any sound recordings and their underlying musical compositions (a "Song") in your User Contributions. As such, you acknowledge, understand and agree that it is illegal to utilize any Song in your User Contribution which is not your own original creation or for which you do not have the authority to use – this would include, as example, uploading a video of you dancing along to a Song that you have not written yourself or obtained the permission to use. Usage of another individual’s Song, even in the limited context of submitting a User Contribution to our Website or Mobile Application, is illegal unless you have obtained the permission and authorization required to use the Song from all of the parties that hold ownership rights over the Song.
In order to avoid having your User Contributions removed, having your account blocked, being disqualified from any contest or further unwarranted legal action, a list of Songs that you may make your own rendition of ("Cover") that you can then include in your User Contributions are listed in the document titled "Licensed Songs That Can Be Covered," a copy of which is incorporated by this reference and made a part hereof and can be found at https://www.megastarmillionaire.com/licensedsongs/ (the "Licensed Songs").
For clarification purposes, to "Cover" means you are recording your own version of an Licensed Song including, but not limited to, any underlying music such as guitar, drum, bass and vocal tracks that create the Licensed Song. Any User Contribution that utilizes any Song other than an Licensed Song must be entirely your own original song, and if not, you are solely responsible for obtaining all of the rights necessary to use such Song. Any User Contribution uploaded in violation of the foregoing is subject to immediately removal without notice, forfeiture of any prizes by you and/or a permanent ban from usage of the Website or Mobile Application, as well as any legal action taken by the rightful copyright holders. If you have any questions as to whether or not you may use a specific Song, please email us immediately at support@msmci.com prior to using the Song. Moreover, you acknowledge and agree that any User Contributions submitted hereunder which includes any of the "Licensed Songs" shall be deemed a Work-Made-for-Hire for the original publisher of such song and you hereby irrevocably assign all and any rights you may have in the User Contribution to the publisher.
6. Monitoring and Enforcement
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service and Use, including the Contest and/or Audition Rules, and/or our Community Guidelines, or infringes any intellectual property right or other right of any person or entity, or threatens the personal safety of users of the Services or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service and Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Mobile Application and/or Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability nor responsibility to anyone for performance or non-performance of the activities described in this section.
7. Content Standards
These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must comply with our Community Guidelines and/or Audition Rules, and also must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible nor liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Changes to the App
We may update the content on the Website or Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Mobile Application may be out of date at any given time, and we are under no obligation to update such material.
10. Information About You and Your Use of the Services
All information we collect on the Website or Mobile Application is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Online Purchases and Other Terms and Conditions
All purchases through the Website or Mobile Application, or other transactions for the sale of goods, services, or information formed through the Services or as a result of visits made by you to our Website or Mobile Application, may be governed by additional terms and conditions to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service and Use. For an avoidance of doubt, this specifically includes the Audition and/or Contests Terms and Conditions that govern any User Content that is submitted for purposes of entering one of our contests.
12. Linking to the Website; Social Media Features
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
• Link from your own or certain third-party applications to certain content on our Website or Mobile Application.
• Send e-mails or other communications with certain content, or links to certain content, on our Website or Mobile Application.
• Cause limited portions of content on the Website or Mobile Application to be displayed or appear to be displayed on your own or certain third-party applications.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any application that is not owned by you.
• Cause our Website, Mobile Application or portions of either to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this App that is inconsistent with any other provision of these Terms of Service and Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
13. Links from the Mobile Application
If the Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them nor for any loss or damage that may arise from your use of them. If you decide to access any of the third-party applications linked to our Mobile Application or Website, you do so entirely at your own risk and subject to the terms and conditions of use for such applications.
14. Digital Millennium Copyright Act
We will respond to legitimate takedown notices under the Digital Millennium Copyright Act ("DMCA") or equivalent applicable laws, rules or codes applicable to your country and, in addition, we retain the right to remove user content on our Website or Mobile Application that we deem to be infringing the intellectual property rights of others. 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 DMCA or equivalent applicable law in your country by providing our Copyright Agent, as identified below, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail) or such information as required under applicable laws in your country:
• 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 are covered by a single notification, a representative list of such works.
• 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;
• Information reasonably sufficient to permit 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.
The designated Copyright Agent to receive DMCA Notices can be reached at:
MSMCI
ATTN: Copyright Agent
1440 Broadway
Suite 750
Oakland, CA 94556
Email: dmca@msmci.com
Upon receipt of a takedown notice as describe in this Section, Company will review the notice on a regular and timely basis. If the takedown claim is proper, Company will remove the offending work expeditiously and in no case later than 10 days after determination that the takedown claim is proper. If the claim is against a “repeat offender,” defined by the Company as a party against whom we have received more than 5 legitimate takedown notices, then that repeat offender shall be banned from utilizing our Services. The Company will also notify the poster of the material that is the subject of the takedown notice that it is being taken down and provide them with the reason for the takedown (most often a copy of the takedown notice). Once removed we will respond and inform the reporting party that the takedown has been completed. If the takedown request is not legitimate we will disregard.
Counter-Notice. If you believe that your User Content 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 material in your User Content, you may send a counter-notice containing the following information to our Copyright Agent:
• Your physical or electronic signature;
• Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Oakland, 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, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringing user or member, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
For users in England, Scotland and Wales the above paragraph does not apply. If you believe your content has been removed (or to which access was disabled) is not infringing please write to the Copyright Agent enclosing evidence of your authorization to use the content.
15. Contest Eligibility and Geographic Restrictions
You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the App. If you are under the age of 18 but over the age of 15 you require parental or guardian consent. In jurisdictions, territories, and locations where the minimum age for permissible use of the App is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest registration if you are a legal resident of Alabama or Nebraska in the United States, and British Columbia, New Brunswick, Newfoundland, Nova Scotia, Northwest Territories, Nunavut, and Yukon in Canada. Legal residents physically located in any of the 50 United States and Washington DC, excluding Arizona, Hawaii, Iowa, Louisiana, Mississippi, Montana, Nevada, New York, and Washington are eligible to open an account and participate in contests offered by the App. Legal residents of Arizona, Hawaii, Iowa, Louisiana, Mississippi, Montana, Nevada, New York, and Washington (the "Excluded States") are ineligible for prizes offered by the App. Residents of the Excluded States are eligible to open and maintain accounts on the App for use only in games that do not offer prizes.
There may be certain contests and competitions which may require you to agree to and adhere to additional terms and conditions if you want to participate. These additional terms and conditions will be notified to you before entering into a contest or competition.
To use the App, you must be a resident of a country in which the App is available.
16. Contest of Skill
Contests offered on the App are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their talent and skill to win prizes. Contestants are judged by their skill and talent and selection of contestants through the rounds of the competition, as per the Audition Rules, have no random element. The App and Contests may not be used for any form of illicit gambling. Prizes at the conclusion of each Contest, if any prize is awarded it will be awarded within 30 business days except in circumstances where technical failure, inability of the Company to verify your compliance with the Agreement, or other reasons prevent such timely payout.
Before making any payment, MSM may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If MSM requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or MSM otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with the Agreement, MSM reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, MSM may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the rules of the Contest.Misrepresentations of infringement can result in liability for monetary damages (See 17 USC Section 512(f) of the DMCA). You may want to consult an attorney before taking any action pursuant to the DMCA or other applicable laws in your country.
17. Disclaimer of Warranties
The Website, Mobile Application and Services are provided “As-Is” and “as available” and Company does not guarantee or promise any specific results from use of the Website, Mobile Application and/or the Services. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website or Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE SERVICES, INCLUDING THE MOBILE APPLICATION AND/OR WEBSITE, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE MOBILE APPLICATION AND WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, INCLUDING THE MOBILE APPLICATION AND/OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING THE MOBILE APPLICATION AND/OR WEBSITE, AND THE CONTENT THEREIN OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, INCLUDING THE WEBSITE AND/OR MOBILE APPLICATION, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, INCLUDING THE WEBSITE AND MOBILE APPLICATION, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOLLOWING PARAGRAPH DOES NOT APPLY TO USERS IN ENGLAND, WALES OR SCOTLAND.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
For users in England, Wales and Scotland:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which exclusions will be set out in the additional terms and conditions governing such purchase. For more information regarding these additional terms and conditions please refer to Section 11.
Please note that we only provide the Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING BOTH THE WEBSITE AND MOBILE APPLICATION, AS WELL AS ANY APPS LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR MOBILE APPLICATION OR SUCH OTHER MOBILE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING THE WEBSITE AND MOBILE APPLICATION, OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR OTHERWISE NOTIFIED OF THE POTENTIAL OF SUCH DAMAGES.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE AND/OR MOBILE APPLICATION, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY APPLICATION LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, or relating to: (i) your violation of these Terms of Service and Use; (ii) your use of the Services, including, but not limited to, your User Contributions; (iii) any use of the Mobile Application’s or Website’s content, services and products; (iv) your use of any information obtained from the Services; (v) your failure to use the Services; and (vi) your breach or alleged breach of the intellectual property rights or other rights of third parties.
20. Arbitration. No Class Relief
Any disputes arising from your use of the Services, including the Mobile Application and/or Website, and these Terms of Service and Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying to California. Each of you and the Company also agree to give up the right to have claims heard by a jury and the ability to seek represent, in a class action or otherwise, anyone but each of you and Company. You will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. The only exception to this is that each of you and the Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
21. Governing Law and Jurisdiction
These Terms of Service and Use shall be deemed negotiated and entered into and shall be construed in accordance with the laws of the State of California and the United States applicable to agreements which are negotiated, signed and performed within such state. All matters relating to the Services and these Terms of Service and Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Except with respect to disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and the Company agree to submit to the exclusive jurisdiction of the federal courts of the United States or the courts of the State of California County of County of Alameda, to resolve any dispute, claim or matter arising out of these Terms of Service and Use and your use of the Services, including the use of the Website and Mobile Application. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE AND USE AND YOUR USE OF THE SERVICES, INCLUDING THE USE OF THE WEBSITE AND THE MOBILE APPLICATION.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND USE OR YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE AND/OR MOBILE APPLICATION, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCURES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Users resident in England, Wales and Scotland may bring any claim pursuant to the above two paragraphs in a court local to their residence and the jurisdiction of the State of California County Court of Alameda and the laws of the State of California will not have exclusive jurisdiction.
Notwithstanding the foregoing, should any dispute arise out of or around any Contest Terms and Conditions linking to these Terms of Service and Use (and thereby incorporating the Term of Service and Use therein) and should such Contest Terms and Conditions contain a specific provision as to applicable law and/or jurisdiction of courts then such provisions shall override those contained in this clause but only insofar as the elements of dispute arise out of said Contest Terms and Conditions.
Notice for California Users: Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service and Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service and Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Service and Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the extent such that the remaining provisions will continue in full force and effect.
Nothing in these Terms of Service and Use shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company in connection with such use.
23. Notices
You agree that any notices the Company may be required by applicable law to send to you will be effective upon Company’s sending an e-mail message to the e-mail address you have on file with the Company or publishing such notice on the information page(s) of the Company’s Services.
24. Relationship of Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Service and Use or your use of the Services, including both the Website and Mobile Application. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service and Use to the same extent as other business documents and records originally generated and maintained in printed form.
25. Entire Agreement
These Terms of Service and Use, the Privacy Policy, the Contest Terms and Conditions, and any other documents specifically incorporating these Terms of Service and Use, or which are otherwise incorporated by these Terms of Service and Use, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Please contact us at support@msmci.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.