Welcome to Starmatic, a photo and social media networking service owned and operated by Starmatic S.A. (“Starmatic,” “we,” or “us”). Starmatic consists of an app (the “App”) for your app-enabled mobile device (the “Device”) and of a website located at www.starmatic.com (the “Site”).
Terms of service:
Please read these terms of service (the “Terms of Service”) carefully. By accessing or using the App or the Site, you agree to be bound by all of the terms and conditions described in these Terms of Service. If you do not agree to all of these terms and conditions, do not use our App and our Site. We reserve the right to change or modify these Terms of Service or any policy or guideline of our App and Site, at any time. Any changes and modifications will be effective immediately upon posting of the revisions on our Site, and you waive any right you may have to receive specific notice of such change or modifications. Your continuous use of our App or Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
Starmatic is designed for simulating camera effects with film combinations and for real time photo sharing and interaction between and among users. Our service (the “Service”) consists of enabling registered App users (the “Users”) to capture, upload, post and share digital pictures which can be filtered, clarified, modified, titled, tagged, geotagged, and commented (collectively, the “Content”). The Service includes the ability for Users to follow other Users or to be followed, to post some Content, to share, repost or favorite some Content, to discover or search some Content, to search nearby, view, like, comment, e-mail, geographically localize, alert Content of all and any Users, and in particular, of Users followed, and to engage in social networking. The Service also enables Users to post and share Content on other social networks, including Facebook and Twitter.
Rules and guidelines:
These Terms of Service apply any time you use our App or visit our Site. By using our Service, you agree to these terms. You are responsible for your use of the Service, for any content you post on Starmatic, and for any consequence thereof. Do not post nude, partially nude, or sexually suggestive content. Do not use our Service in any way to harass, bully, stalk, or harm others, violate their privacy rights. Do not use our Service to encourage harassment, bullying, or other inappropriate behavior. Do not use our Service to defame, slander, or advocate hateful practices, like advocating racism, bigotry, illegal acts, and acts of violence or terrorism. Do not post or enter any confidential or personal information about anyone. If we discover or are alerted that you have engaged in these or other objectionable acts, have violated our Terms of Service, we reserve the right to permanently disable our App on your Device, bar you from using our Service and remove any Content featuring a questionable content.
Our Service is intended for use by people who are thirteen years of age or older. If we are alerted that a child under thirteen has provided us with personal information, we will take steps to remove such information and terminate the child’s account. Minors over the age of thirteen should seek permission from their parents or legal guardian to use the App or Site.
Content are public:
When you create Content using our App, this Content is immediately published on Starmatic and available for viewing by all and any Users. Content is public. Since Content can be sent via email or shared on other social networks, Content can easily be transmitted outside our community and viewed by non-Users. Accordingly, you should only create and post Content that you are comfortable sharing with everybody, and not only within our community. Be aware that the Content may be viewed all around the world instantly. At any moment, you can delete, and are encouraged to delete, any Content you have inappropriately created on Starmatic. Deleting your Content will erase any and all re-posts of such Content on Starmatic, if any, but will not delete Content already transmitted or shared outside our community. In any case, do not create Content that would be unsuitable to share in a public environment, including, without limitation, any Content conveying unlawful, libelous, defamatory, obscene, pornographic, harassing, offensive, or gratuitously violent images or including obscene, provocative or threatening titles or tags. Also, do not create Content infringing copyrights you do not hold. If a single User alerts your Content, Starmatic reserves the right to immediately and temporally remove such Content and/or disable your ability to use the App on your Device. If in our sole discretion we decide the reported Content in question violates our Terms of Services, we reserve the right to permanently remove the Content, close your User account and permanently disable your ability to use the App on your Device. If you fall across a User’s Content that you believe to be violating these Terms of Service, you are encouraged to alert this Content immediately by using the alert function. If you repeatedly alert Content not violating our Terms of Service, we reserve the right to close your account and permanently disable your ability to use the App on your Device. If you do not like a comment posted on one of your Content, your potential recourse is to remove the Content to which such comment is attached. Please keep your private and potentially inappropriate content for other applications and networks and avoid creating Content featuring undesired content.
You own the content you create:
Whatever Content you upload to Starmatic or capture via the App remains yours. You own the copyrights on any picture, filtered picture or any title you create on Starmatic. When you create and post your Content, the original picture that you capture with the App is saved on your Device’s native image folder and belongs to you. However, by submitting your Content to Starmatic, you are giving Starmatic permission to use your Content under the terms defined herewith. You retain full rights to distribute outside our community your own Content.
You are responsible for your Content:
All and any Content created and posted via the Service are your responsibility. You, and not Starmatic, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through Starmatic. By using the Service, you understand that you, and not Starmatic, might be liable for exposing other Users to offensive, harmful, inaccurate or otherwise inappropriate Content or comments. Starmatic does not control any Content or comment posted and does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content created or comment originated via the Service. By posting Content, you represent and warrant that you have the lawful right to distribute such Content and that their content does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party.
You cannot freely use the content of others:
You are not allowed to use, modify, publish, broadcast, distribute, or disseminate through media channels another User’s content appearing on Starmatic, unless you have obtained permission from such User for the desired usage. The only acceptable use of another User’s content is the sharing on other approved social networking services such as Twitter and Facebook and within the acceptable limits defined under these Terms of Service.
In using our Service, you are giving Starmatic permission to use your content. By using our Service, you automatically grant, and you represent and warrant that you have the right to grant, to Starmatic: (a) a royalty-free, worldwide, non-exclusive right and license to (i) store, use, license, sublicense, reproduce, distribute, modify, adapt, and publicly display in any order your content, including digital pictures, titles, and comments, within the Site and on your Device screen when you use our App, as individual Content or as part of a compilation of Content; (ii) use, license, sub-license, reproduce, transmit, display and distribute any of your Content for the purpose of promoting or publicizing the Site, the App or Starmatic; (b) the right, but not the obligation, to delete your Content or any or all of the Content aggregating your Content from Starmatic servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without notice or any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, non-exclusive right and license to copy, analyze and use any of your Content as Starmatic may deem necessary or desirable for providing and promoting the Service. This license exists only as you elect to continue to include such Content on Starmatic and will terminate at the time you remove or Starmatic removes such Content from Starmatic.
Our App and Site are provided on an “as is” and “as available” basis and we expressly disclaim all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any direct, indirect, incidental, special, or consequential damages (including attorneys' fees and lost profits or savings) to you connected with use of this App or Site, including your content and Content and regardless of any negligence by us. Starmatic is not a backup service and will not be liable to you for any deletion or loss of your content or Content. Starmatic does not guarantee that the functions contained on the Site or in the App will be uninterrupted or error-free, or that the App, the Site, or our servers will be free of viruses or other harmful components, or that defects will be corrected even if Starmatic is aware of them. We trust you understand that Starmatic disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) the unavailability of this App or this Site; (2) your use of the App or Site; or (3) your use of any equipment or software in connection with the App or Site.
All right, title, and interest in and to the Service are and will remain the exclusive property of Starmatic. Starmatic is a registered trademark owned by Starmatic and nothing in these Terms of Service gives you a right to copy, imitate or use, in whole or in part, and in any country, the Starmatic name or any of the Starmatic trade marks, logos, domain names, and other distinctive brand features, without the prior written permission of Starmatic. The look and feel of the App and the Site, including all page headers, menus, custom graphics, button icons and scripts, App screens, toy camera-like designs and filter effects, are registered and published designs or trade dress owned by Starmatic, and nothing in these Terms of Service gives you a right to copy, imitate or use, in whole or in part, and in any country, any of Starmatic distinctive design features. Any feedback, comments, or suggestions you may provide regarding Starmatic or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Starmatic of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Starmatic reserves the right: (1) to modify or terminate the Service for any reason, permanently or temporarily, at any time without notice; (2) to refuse the Service to anyone for any reason at any time; (3) to create limits on use, including the number of Content created or the number of followers, at any time without notice; (4) to delete any of your content or Content for any reason, without prior notice; (5) to force forfeiture of any User account that becomes inactive, violates trademark rights or copyrights, or mislead other Users; and (6) to reclaim usernames on behalf of businesses or individuals that hold legal claims or trademark rights on those usernames.
When you use the App or Site, you are agreeing that, unless where prohibited, your use shall be governed by and construed in accordance with the laws of France. Disputes arising based on the App, Site or Service or in any way related to the App, Site, or Service shall be exclusively subject to the jurisdiction of France.
The last update for this document was December 20, 2012.