These terms of service (“Terms”) govern Your use of and access to Starsphere’s Staryo, content, platforms, including website and mobile application, SMS, APIs, email notifications, buttons, widgets, ads, and any additional associated websites and applications (collectively, the “Service”) and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
These Terms are effective as of July 12, 2024, and are an agreement between You and Starsphere, LLC, along with licensees and assignees, which provides Staryo and the Services, 209 E 31st Street, New York, New York 10016 U.S.A. The words “Starsphere” “us” “we” and “ours” mean Starsphere, LLC. All individuals or entities that access the Site are hereafter referred to as “you” or “user.” These Terms, along with any Amended Terms and shall be collectively referred to as the “Agreement”.
Please note that these Terms incorporate our Privacy Policy (LINK) as well as other terms applicable to your use of Services and/or Content. Our Privacy Policy describes how we handle information you provide to us when you use Services. You agree and acknowledge that by using the Services you consent to the processes outlined in the Privacy Policy, including but not limited to the collection and use of this information, including the transfer and storage of information to the United States and/or other countries for storage, processing, and use by us.
Your use of the Service constitutes your acknowledgement that you have (1) fully read and understand the Agreement, (2) read Our Privacy Policy, and (3) accepted the terms of the Agreement and Privacy Policy.
Starsphere is an innovative online platform where users can connect with their favorite creators through personalized messages. Users can sign up and send messages and content to any of the featured profiles in exchange for payment. This allows for direct and meaningful interactions with creators, ensuring a unique and engaging experience for both users and creators.
You can use the Services only if you agree to enter into a binding contract with us and are not prohibited from receiving services under the laws of your jurisdiction. You must be at least 13 years old to use the Services. If you accept these Terms and use the Services on behalf of a company, organization, government, or other legal entity, you confirm that you have the authority to do so and to bind that entity to these Terms. In such cases, the terms "You" "Your" and “User” refer to that entity.
All Starsphere Users must register for an Starsphere account. When registering for an account, Users must provide the following information:
It is the sole responsibility of the User to maintaining the confidentiality and security of usernames and passwords, and Users will remain responsible for all use of Your username and password, and all activity emanating from the account, whether or not such activity was authorized by the User. Upon a username or password being forgotten or stolen, Users may use the “Forgot Username” or “Forgot Password” option on the homepage of the Platform or contact support@Starsphere.com for assistance with recovery.
You have control over most communications from the Services. However, certain communications, such as service announcements and administrative messages, are essential to the Services and your account, and you may not be able to opt out of receiving them. If you have added your phone number to your account and later change or deactivate that number, please update your account information to prevent us from inadvertently communicating with the new owner of your old number.
Starsphere acts as an intermediary between Users and creators, facilitating connections and potential partnerships. By creating a Starsphere account and agreeing to these Terms, all users authorize Starsphere to share any information obtained from their use of the platform with other users and third-party partners. Starsphere offers a variety of social and interactive features, allowing users to connect with each other. In exchange for payment, Users can like, comment, and chat with other users and/or creators. Please note that any content uploaded and posted to Starsphere by users will be stored by Starsphere and may be shared and distributed by other users on the platform.
Creators on Starsphere may receive date and information in relation to you and/or users that interact with them. Creators may also receive data, statistics, general location, and other insights on the users and how users you are interacting with the Creator’s content.
You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only supply content that you are comfortable sharing with others. Any and all audio, lyrics, pictures, artwork, comments, and other content, data, or information that users upload, store, transmit, submit, exchange, or make available to or via Starsphere ("User Content") is owned and controlled solely by Starsphere.
Any use of or reliance on content or materials posted via the Services, or obtained by you through the Services, is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services, nor do we endorse any opinions expressed via the Services. By using the Services, you understand that you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate, and in some cases, mislabeled or deceptive. All content is the sole responsibility of Starsphere, which owns it.
Starsphere reserves the right to remove any content, with or without cause, including, but not limited to, content that violates our terms, such as copyright or trademark violations, other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
Users must not store, distribute, send, transmit, display, perform, make available, continue to make available, or otherwise communicate to the public any content to which they do not hold the necessary rights. In particular, any unauthorized use of copyright-protected works within User Content (17 U.S.C. § 106 outlines the exclusive rights of copyright owners, including reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available, or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in termination of your access to Starsphere and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
By accessing and using Starsphere, Users hereby represent and warrant that they are the owners and/or authorized to assign and/or license any content they upload to the platform. Users have the full right, power, and authority to grant the rights set forth in this Agreement, regardless of any agreements with other parties. Users are solely responsible for informing any relevant organizations or individuals of the royalty-free license granted to Starsphere and our licensees for the public performance and communication of the User Content. No fees or payments of any kind shall be due to any third parties for the use of the User Content when publicly performed, communicated, or otherwise transmitted by Starsphere or its licensees.
By uploading User Content to the Platform, Users grant a limited, worldwide, non-exclusive, royalty-free, fully paid-up license to other Users of the Platform, and to operators and Users of any other websites, apps, and/or platforms to which User Content has been shared or embedded, to use, copy, listen offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available, and otherwise communicate to the public, User Content that utilizes the features of Starsphere and within the parameters set by You using the Platform. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, repost, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations, or individuals, are made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. By uploading User Content to the Platform, Users initiate an automated process to transcode any audio Content and direct Starsphere to store User Content on the servers, from where You may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available (including whether Users will be permitted to listen to Your Content offline) and other communication to the public of User Content on the Platform and elsewhere using the Services. To the extent it is necessary for Starsphere to provide Users with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms, including the distribution of advertising or other promotional material on Our Platform and/or to enable Your use of the Platform, You hereby grant such licenses to Starsphere on a limited, worldwide, non-exclusive, royalty-free, and fully paid basis.
Starsphere has a set of guidelines Users must follow regarding the use of the Platform and content uploaded to the Platform. This list is not exhaustive and is subject to change. Users shall not:
By accessing and uploading content to Starsphere, Users represent and warrant that (1) they have the full right and authority to post, upload or otherwise use any User Content (including any applicable third party rights and permissions), and to grant Starsphere the right to use User Content in accordance with these Terms; and (2) the User Content, including the use thereof by Users or Starsphere in accordance with these Terms, does not (a) violate these Terms; (b) infringe or otherwise violate any applicable laws, rules, regulations or third party rights (including any copyrights or rights of publicity or privacy), or (c) imply any affiliation, association or endorsement of You or Your content by Starsphere or any artist, band, label or other individual or entity without the express written consent of Starsphere or applicable third party; (3) Users have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in the User Content in order to include their name, voice, performance or likeness in User Content and to publish the same on Starsphere; (4) User Content does not and will not create any liability on the part of Starsphere, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. As put forth in other sections of these Terms, Starsphere reserves the right to remove User Content, suspend or terminate User access to the Platform and/or pursue all legal remedies if We believe that any of the User Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule, or regulation.
Starsphere may provide Users with the opportunity to interact or access third party services, applications, websites, or platforms (“Third Parties”). These Third Parties have their own sets of terms and conditions, and privacy policy and Users may be subject to those terms when accessing the Third Parties. Starsphere is not responsible for any features, content, or privacy of Third Parties and Starsphere maintains no control over the operation of Third Parties. Starsphere in no manner warrants or represents the legality, accuracy, content, or services provided by Third Parties. It is the responsibility of the User to take the necessary precautions to avoid fraud, hacking, or other harmful content when interacting with Third Parties and Starsphere disclaims all liability.
Starsphere attempts to prevent any violations of these Terms and the Guidelines, however it is not always possible that Our efforts find every violation. It is not mandatory for Users to act as reporters of any violations, however Users may report any violations of these terms by emailing legal.staryo@gmail.com. Our support staff will review every report with the utmost scrutiny and take any action that We deem necessary to prevent a repeat occurrence.
Without limitation to any other rights or remedies of Starsphere, We reserve the right to investigate any situation that appears to involve any of the Terms or Guidelines, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any Users who have contributed to any such violations.
Starsphere has no legal obligation to monitor and screen User Content uploaded to the Platform, but reserves the right to block, remove, delete, or take down any uploaded content at any time, and to limit or restrict access to any content for any User, for any reason and without liability, including without limitation, if We have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms, or applicable law, or is otherwise unacceptable to Starsphere.
Any User deemed to have violated these Terms or the guidelines will be suspended and Starsphere reserves the right to terminate the account and prevent the User from creating additional accounts on the Platform. Users will be sent an email notifying them of the suspension and/or termination and an explanation as to why Starsphere has taken action.
For Starsphere to remain available for Users, Starsphere may serve Users with targeted advertisements. We use information that You make available to us when You interact with the Platform to inform the nature of the ads, We show You and provide You with a customized experience. More information on how We use data to show You personalized ads is described in Our Privacy Policy.
To provide Users with the best experience on the Platform, We may release new updates and features to the Platform, including Our Website and mobile application. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that We may release for those specific services or features.
We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services. This license is solely for enabling you to use and enjoy the benefit of the Services as provided by Starsphere, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Starsphere reserves all rights not expressly granted to you in this Agreement. Starsphere’s Service and Starsphere’s Content are the property of Starsphere. Access to and availability of certain content and features on Starsphere may vary from device to device and may be affected by factors such as user location. Starsphere retains all right, title, and interest in and to the Platform and Services and all copies thereof.
Starsphere is the owner of the Starsphere logo and other Starsphere trademarks (the “Trademarks”). Nothing in these Terms grants you a right to use the Starsphere name, trademarks, logos, domain names, other distinctive brand features, and other proprietary rights without Starsphere’s prior written permission specific for each use. Use of the Trademarks as part of a link to or from any site is prohibited unless such a link is approved in advance by Starsphere in writing. All goodwill generated from the use of the Trademarks inures to Starsphere’s benefit.
Any feedback, comments, or suggestions you provide regarding Starsphere or the Services are entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Starsphere will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Upon receipt of the written notification containing the requested information: (1) Starsphere may remove or disable access to the material that is alleged to be infringing; (2). Starsphere may forward the written notification to such alleged infringer; and (3). Starsphere may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report it by contacting our designated copyright agent at:
Starsphere, LLC
Attn: Copyright Agent
209 E 31st Street,
New York, New York 10016
Email: legal.staryo@gmail.com
You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. Starsphere takes enforcement actions when Content or user behavior is in violation of our Rules and Policies or in relation to sensitive media. You can review Starsphere’s enforcement options and how you can appeal our enforcement decision here. Starsphere reserves the right to remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you.
The Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time.
In consideration for our granting you access to and use of the Services, you agree that we and our third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including the 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 Starsphere, its users, and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
Certain services or features may be offered on Starsphere for which additional terms and conditions may apply in connection with your use of those services. By using or paying for any of these additional services, you agree to any additional terms applicable to those services, and those additional terms become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using those services to which they apply.
If you use paid features of the Services, you agree to the applicable Terms for Paid Services.
If you use developer features of the Services, including but not limited to Starsphere for Websites, Starsphere Cards, Public API, or Sign in with Starsphere, you agree to our Developer Agreement and Developer Policy. If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Services, these Terms, or the terms provided in our Developer Agreement and Developer Policy. Otherwise, all such actions are strictly prohibited.
If you are a security researcher, you are required to comply with the rules of our Vulnerability Reporting Program. The requirements set out in the preceding paragraph may not apply to those participating in our Vulnerability Reporting Program.
You may terminate your legal agreement with us at any time by deactivating your account and discontinuing your use of the Services.
We reserve the right to suspend or terminate your account or cease providing you with all or part of the Services at any time if we reasonably believe that: (i) you have violated these Terms or our Rules and Policies; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
To the extent permitted by law, we may also terminate your account or cease providing you with all or part of the Services for any other reason or no reason at our discretion. In all such cases, your license to use the Services will terminate, but this Agreement shall continue to be in effect.
If you believe your account was terminated in error, you can file an appeal by emailing help.staryo@gmail.com. For clarity, these Terms will survive the deactivation or termination of your account.
THE STARSPHERE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. STARSPHERE, ITS CONTENT OWNERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
STARSPHERE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE STARSPHERE PLATFORM OR ITS CONTENT, USER CONTENT, ANY THIRD-PARTY APPLICATIONS (OR ANY CONTENT CONTAINED THEREIN), OR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE STARSPHERE PLATFORM OR ANY HYPERLINKED WEBSITE, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, EFFICACY, OR TIMELINESS.
STARSPHERE DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE STARSPHERE PLATFORM OR THIRD-PARTY SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STARSPHERE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY STARSPHERE CONTENT OR USER CONTENT, INFORMATION CONVEYED TO YOU, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE STARSPHERE SERVICE, AND THE STARSPHERE CONTENT AND ANY USER CONTENT, IS AT YOUR OWN RISK. THE STARSPHERE PLATFORM MAY PROVIDE YOU WITH THE ABILITY TO FILTER EXPLICIT CONTENT, BUT THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED TO YOU. YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
IN NO EVENT SHALL STARSPHERE, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS BE LIABLE FOR (1) ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL DAMAGES OR LOSS OF PROFIT ARISING FROM THE ACCESS, USE, INABILITY TO USE THE STARSPHERE SERVICE OR THE STARSPHERE CONTENT, ANY CHANGES STARSPHERE MAY IMPLEMENT ON THE PLATFORM, ANY SUSPENSION OR TERMINATION OF AN ACCOUNT, ANY ACTION TAKEN AGAINST YOU BY THIRD PARTYS WITH RESPECT TO INFRINGEMENT OF RIGHTS, ANY ERRORS OR OMISSIONS IN STARSPHERE’S TECHNICAL OPERATIONS OR DEFECT IN CONTENT; (2) ANY LOSS OR DAMAGE TO YOUR COMPUTER OR DEVICE, LOSS OF DATA, OR DAMAGE FROM SECRUITY BREACH; OR (3) ANY UNFORSEEABLE CIRCUMSTANCE SUFFERED BY YOU.
NOTHING FOUND IN THESE TERMS WILL LIMIT OR EXCLUDE THE LIABILITY OF STARSPHERE, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS IN REGARD TO (1) ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (2) ANY FORM OF FRAUD OR DECEIT, (3) ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (4) ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
ANY CLAIM ARISING OUT OF THESE TERMS OR USE OF THE PLATFORM MUST BE SENT TO STARSPHERE IMMEDIATELY. NOTIFICATION OF CLAIMS MUST INCLUDE A DESCRIPTION OF THE DISPUTE OR CLAIM AS WELL AS INFORMATION THAT WOULD ALLOW STARSPHERE TO CONTACT YOU. THERE SHOULD BE A GOOD FAITH EFFORT MADE BY BOTH STARSPHERE AND YOU TO RESOLVE ANY ISSUES. IF AFTER SIXTY (60) DAYS AFTER STARSPHERE RECEIVES WRITTEN NOTIFICATION OF A CLAIM NO RESOLUTION IS REACHED, ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THE RULES AND AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, TO BE HELD IN THE STATE OF NEW YORK, IN ENGLISH, WITH A WRITTEN DECISION STATING THE LEGAL REASONING ISSUED BY THE ARBITRATOR(S) AT EITHER PARTY’S REQUEST, AND WITH ARBITRATION FEES AND REASONABLE ATTORNEYS’ FEES OF BOTH PARTIES TO BE BORNE BY THE PARTY THAT ULTIMATELY LOSES. STARSPHERE MAY OBTAIN INJUNCTIVE RELIEF (PRELIMINARY OR PERMANENT) AND ORDERS TO COMPEL ARBITRATION OR ENFORCE ARBITRAL AWARDS IN ANY COURT OF COMPETENT JURISDICTION.
If You are a resident of California, effective January 1, 2020, You have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”), including the following:
(1) Know what categories of personal information Starsphere has collected and used, including how the personal information was collected and the purpose for the collection and use;
(2) Know what categories of personal information are being sold or disclosed to third parties and, if sold or disclosed, the categories of third parties receiving it;
(3) Access specific personal information collected about you;
(4) Request that Your personal information be deleted.
Starsphere may requests verification in order for Users to exercise rights under the CCPA Requests to exercise rights under the CCPA and are also subject to certain restrictions provided by the CCPA. If You are a California resident who wishes to exercise Your CCPA rights, please contact Starsphere at legal.staryo@gmail.com.
We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different from, and potentially not as protective as, the laws of your own country.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles and you consent to personal jurisdiction and waive any objection as to inconvenient forum. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and are legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any related actions will be governed by the laws of the United States of America (without reference to conflict of laws principles). In the absence of applicable federal law and to the extent permitted under federal law, the laws of the State of New York will apply (excluding its choice of law rules).
These Terms will not be assignable or transferable by you without the prior written consent of Starsphere. Starsphere may freely assign or transfer any rights granted by you to Starsphere under these Terms. These Terms (including all of the policies and other Agreements described in this Terms, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and Starsphere are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used are for convenience only, do not constitute any part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
You will indemnify and hold Starsphere and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders (“the Parties”) harmless from (1) any damage, loss or expense (including attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action brought against any of the Parties alleging You have breached these Terms; (2) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of User Content on the Platform, and/or Your making available thereof to other Users of the Platform, and/or the actual use of User Content by other Users of the Platform or Third Parties in accordance with these Terms. If You are required to indemnify Starsphere, Starsphere will have the right to control the defense, settlement, and resolution of any Claim at Your sole expense. You may not settle or otherwise resolve any Claim without Starsphere’s express written permission.
We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.
The Starsphere User Agreement is written in English and provided in multiple languages through translations. Starsphere strives to ensure the translations are as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English version of the Starsphere User Agreement shall take precedence. You acknowledge that English shall be the reference language for interpreting and constructing the terms of the Starsphere User Agreement.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If you have any questions about these Terms, please contact us at help.staryo@gmail.com.
