By using and/or visiting this website located at the littlstar.com domain name (the “Website”) or any of the services, features, content or applications provided by Little Star Media, Inc. (“Little Star Media”, “we”, “us” or “our”), including without limitation those offered through the Website, iOS and Android mobile applications, Apple TV and Android TV applications, mobile virtual reality wearables and other virtual reality platforms (collectively with the Website, the “Services”), you signify your agreement to (1) these terms and conditions, (2) Little Star Media’s privacy notice and incorporated here by reference and (3) the Copyright Infringement Notification policy (collectively, the “Terms of Service”). If you do not agree to any of these Terms of Service please do not use the Little Star Media Services.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on this page. Little Star Media may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Little Star Media Services, including users who are also contributors of image content, video content, information, and other materials or services on the Services. The Little Star Media Services includes all aspects of Little Star Media, including but not limited to all products, software and services offered via the website such as the Little Star Media “Embeddable Player,” the Little Star Media “Uploader” and other applications.
The Little Star Media Services may contain links to Third party websites that are not owned or controlled by Little Star Media. Little Star Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Little Star Media will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Little Star Media from any and all liability arising from your use of any third-party website.
In order to access some features of the Services, you will have to create a Little Star Media account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Little Star Media immediately of any breach of security or unauthorized use of your account.
Although Little Star Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Little Star Media or others due to such unauthorized use.
Little Star Media hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Services, including but not limited to User Submissions (defined below), without Little Star Media’s prior written authorization.
You agree not to alter or modify any part of the Services, including but not limited to Little Star Media’s Embeddable Player or any of its related technologies.
You agree not to access User Submissions (defined below) or Little Star Media Content (defined below) through any technology or means other than the video playback pages of the Services itself, the Little Star Media Embeddable Player, or other explicitly authorized means Little Star Media may designate.
Prohibited commercial uses include any of the following actions taken without Little Star Media’s express approval: Sale of access to the Services or its related services (such as the Embeddable Player) on another website; and any use of the Services or its related services (such as the Embeddable player) that Little Star Media finds, in its sole discretion, to use Little Star Media’s resources or User Submissions with the effect of competing with or displacing the market for Little Star Media, Little Star Media content, or its User Submissions.
Prohibited commercial uses do not include: Uploading an original video to the Little Star Media Services, to promote your business or artistic enterprise; Using the Embeddable Player to show videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to compete with Little Star Media; Any use that Little Star Media expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Little Star Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Little Star Media grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Little Star Media reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
Little Star Media reserves the right to discontinue any aspect of the Little Star Media Services at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Little Star Media Services.
The content on the Little Star Media Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Little Star Media, subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Little Star Media reserves all rights not expressly granted in and to the Services and the Content.
You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Little Star Media Services. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Little Star Media on the Little Star Media Services for that User Submission.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Little Star Media Services. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Little Star Media Services or otherwise as prohibited under this Agreement.
You may access Little Star Media Content, User Submissions and other content only as permitted under this Agreement. Little Star Media reserves all rights not expressly granted in and to the Little Star Media Content and the Little Star Media Services.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Services for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Little Star Media Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Little Star Media Services or the Content therein.
You understand that when using the Little Star Media Services that Little Star Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You further understand and agree to indemnify and hold Little Star Media, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As a Little Star Media account holder you may submit video content (“User Videos”), image content (“User Images”), campaign content (“Campaigns”), and textual content (“Text”). User Videos, User Images, Campaigns and Text are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Little Star Media does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Little Star Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. You understand and agree, however, that Little Star Media may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. You grant Little Star Media a worldwide, non-exclusive, royalty-free license with the right to sublicense and transfer, for an indefinite period, to use Your User Submissions to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses, including Your brand logos and other marks as they may be uploaded as profile pics and embedded in User Submissions.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Little Star Media all of the license rights granted herein. In addition, you shall not (and shall not permit any third party to) submit or otherwise distribute or facilitate distribution of any User Submission that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
Little Star Media does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Little Star Media expressly disclaims any and all liability in connection with User Submissions. Little Star Media does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Little Star Media will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Little Star Media reserves the right to remove Content and User Submissions without prior notice.
Little Star Media will Terminate a user’s access to its Services if, under appropriate circumstances, they are determined to be a repeat infringer.
Little Star Media reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to pornography, obscene, or defamatory material. Little Star Media may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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 at a single online site are covered by a single notification, a representative list of such works at that site; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider 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.
Little Star Media’s Copyright agent can be reached at 584 Broadway, Suite 603, New York, NY 10012 email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other comments or requests for technical support, and other communications should be directed to Little Star Media customer service here. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission 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 content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York 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, Little Star Media may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Little Star Media’s sole discretion.
YOU AGREE THAT YOUR USE OF THE LITTLE STAR MEDIA, INC. SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE STAR MEDIA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “LITTLE STAR PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE LITTLE STAR PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO BY THESE SERVICES 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 OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 LITTLE STAR MEDIA, INC. SERVICES. LITTLE STAR MEDIA, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LITTLE STAR MEDIA, INC. SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LITTLE STAR MEDIA, INC. 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.
IN NO EVENT SHALL LITTLE STAR MEDIA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LITTLE STAR MEDIA, INC. SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LITTLE STAR MEDIA, INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services are controlled and offered by Little Star Media from its facilities in the United States of America. Little Star Media makes no representations that the Little Star Media Services are appropriate or available for use in other locations. Those who access or use the Little Star Media Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Little Star Media, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Little Star Media Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Little Star Media Services.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Little Star Media Services is not intended for children under 13. If you are under 13 years of age, then please do not use the Little Star Media Services.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Little Star Media without restriction.