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PlaytheDG, Inc.'s Website User Agreement for Starmashers.com
Last Updated: September 3, 2007

Welcome to Starmashers, the on-line Service offered by PlaytheDG, Inc. ("Starmashers"). We provide this website User Agreement ("Agreement") because it is important for you to understand the rights you have and the rights we have in providing this free service for our users.

1. ACCEPTANCE OF USER AGREEMENT

By accessing, browsing, or otherwise using the www.starmashers.com website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in this Agreement.

2. DESCRIPTION OF THE SERVICE

General Description. By using the Service you are able to create fun and entertaining videos by mashing up short clips from a number of sources that, when strung together, can make interesting, entertaining, or just silly statements.

Adults Only. The Service is intended for adults only. You must be 18 years or older to use the Service. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), Starmashers will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Statement, available from our homepage at www.starmashers.com, for more information including how to notify us of any concerns in this regard.

Right to Modify Service. Starmashers reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by Starmashers or by a user) for any reason, without prior notice or liability.

Changes to this User Agreement. Starmashers reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms from a link at our homepage, www.starmashers.com. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on our website. If we make changes, we will post them and will indicate the amended Agreement effective date. We may also email the amended Agreement to the email address provided by registered users in their profile. Your continued use of the Service indicates your acceptance of the current Agreement.

3. USER CONDUCT

Conditions of Use. As a condition of use, you agree to all of the following:

  • You acknowledge that the service is for your personal use only. You agree that you will not use the Service for any commercial purposes.
  • As a condition of registering with the Service, you are required to select a username ("Login") and password. While Starmashers will keep your Login and password confidential in accordance with its Privacy Statement, you are responsible for maintaining the confidentiality of your Login and password.
  • You are responsible for all activity that occurs under your Login.
  • You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Login.
  • You must not harass, threaten, impersonate, or intimidate other users of the Service.
  • You must not upload, post, email, transmit, mashup, create or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  • You must also not upload, post, email, transmit, mashup, create or otherwise make available any Content that violates another person or entity' copyright,
  • You must not upload, post, email, transmit, mashup, create or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
  • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
  • You must not create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Service.

4. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE

The Service permits you to upload pictures and video clips ("Content") that you create and share with other users of the Service. You can then piece together or mash up the Content such that individuals say anything you want. Because you own the Content that you upload to the Service and agree to share with other users, we need to license certain rights from you so that we can provide the Service.

License Grants. When you upload Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you warrant that you have the rights to upload such content, and you grant Starmashers and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.

Links to Other Sites and Resources. The Service contains links to other websites or resources. Starmashers has no control over such external sites and resources. You agree that (i) Starmashers is not responsible for the availability or accuracy of such external sites and resources, and (ii) Starmashers does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.

Inappropriate User-Submitted Content. Starmashers prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content from the Service. Nevertheless, you acknowledge and agree that (i) Starmashers is not and cannot be responsible for Content posted by users of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

5. COPYRIGHT POLICY

We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of those who we believe in good faith are repeatedly infringing copyrighted works.

Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available from a link on our homepage at www.starmashers.com. By accepting this Agreement, you agree to be bound by our Copyright Policy.

6. PRIVACY STATEMENT

Starmashers takes the privacy of its users very seriously. Our Privacy Statement is available from a link on our homepage at www.starmashers.com. By accepting this Agreement, you agree to be bound by our Privacy Statement.

7. INDEMNITY

By accepting this Agreement, you agree to indemnify and hold Starmashers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement (including our Copyright Policy and Privacy Statement), and/or your violation of any rights of another.

8. WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY STARMASHERS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STARMASHERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STARMASHERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. STARMASHERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STARMASHERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

9. LIMITATION OF LIABILITY

YOU AGREE THAT STARMASHERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. TERMINATION

Starmashers reserves the right to terminate your user account with the Service immediately, without prior notice or liability, for any reason. If Starmashers terminates your account, your right to use the Service will immediately cease.

You can terminate your Starmashers user account at any time and for any reason, and we will make available through the Service reasonable means for you to do so.

All relevant terms of this Agreement will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

11. MISCELLANEOUS

Entire Agreement. This Agreement, including Starmashers' Copyright Policy and Privacy Statement which are hereby incorporated by reference, constitute the entire agreement between you and Starmashers and governs your use of the Service, superseding any prior agreements between you and Starmashers.

Governing Laws. This Agreement, and any disputes arising from this Agreement or your use of the Service, will be governed by and construed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Starmashers must be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for the purpose of litigating all such claims or disputes.

Dispute Resolution. If a dispute arises between you and Starmashers, we strongly encourage you to immediately contact us directly to seek a resolution by emailing us at info@starmashers.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Waiver and Severability. The failure of Starmashers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. Starmashers may provide you with notices, including, without limitation, those regarding changes to this Agreement and other service-related announcements, by email and/or by postings on the Service.

Trademarks. Starmashers, the Starmashers logo, and other PlaytheDG or Starmasher logos and names are trademarks of PlaytheDG/Starmashers. You agree not to display or use these trademarks in any manner without Starmashers' prior, written consent.

Contact Information. Please send any questions or comments, or report any violations of this Agreement, to info@starmashers.com