Guiding Star Terms & Conditions
Terms & Conditions of Use
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Platform/Site is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Your Use of the Platform/Site
You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform/Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform/Site or any Content, to obtain or attempt to obtain any materials, files, documents or information through any means not purposely made available through the Platform/Site. Company reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Platform/Site, or any other systems or networks connected to the Platform/Site or to any Company server, or to any of the services offered on or through the Platform/Site, by hacking, password mining or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Platform/Site or any network connected to the Platform/Site, nor breach the security or authentication measures on the Platform/Site or any network connected to the Platform/Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform/Site, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the Platform/Site or any service or information made available or offered by or through the Platform/Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform/Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform/Site or Company's systems or networks, or any systems or networks connected to the Platform/Site or to the Company.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform/Site or any transaction being conducted on the Platform/Site, or with any other person's use of the Platform/Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Platform/Site or any service offered on or through the Platform/Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You acknowledge that you could receive or be exposed to content that you individually deem offensive, or to be counter to your individual philosophy, ideology, or religion. If so, you agree that your sole recourse is to discontinue using the Platform/Site, and immediately remove the content and Platform/Site from your devices.
You agree that you will not join or become a party in any class action involving Company, its subsidiaries, affiliates, or partners, as a member of a group, class or absent party, or as a plaintiff yourself, and you acknowledge that your sole recourse to redress a wrong is to discontinue using the Platform/Site and immediately remove the Platform/Site from all of your devices.
Accounts, Passwords and Security
Certain features or services offered on or through the Platform/Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Company, or any other user of, or visitor to, the Platform/Site due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express written permission and consent of the holder of that ID, password or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you become aware of fraudulent activity, you may notify us immediately by one of the means listed on the Contact Us page of the Platform/Site.
Intellectual Property Representations & Warranties:
Artists, entertainers, performers, musicians, their affiliated companies, and the like (herein referred to as "Talent") using the Platform/Site for digital showcasing, or delivery, of their content to their audiences hereby grant to Company non-exclusive license to host, upload and digitally showcase and/or distribute the content from the files supplied to Company by the Talent. Additionally, Talent grants Company the right to use any related photographs, biographical material, text information, designs, artwork, or any other materials provided to Company hereunder by the Talent, for the purposes of advertising, sale, displaying, or demonstrating the Talent content and related materials.
The Talent represents and warrants that it is either (A) the true and rightful owner of, or (B) the possessor of legally enforceable licensing and/or right, for all aspects of intellectual property pertaining to their content which is inclusive of music content, video content, graphic design content, etc. The Talent agrees to indemnify, defend, protect and hold harmless Company, its subsidiaries, affiliates and partners, and their respective officers, directors, agents, affiliates, distributors, franchisees and employees (collectively "Indemnified Parties") against any and all liabilities, losses, claims, damages, actions, investigations, and legal proceedings of any kind, from any party, arising out of the Talent's rights, or lack thereof, to the use of the intellectual property or any aspect of the contents available on the Platform/Site.
Company reserves the right to (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove content as it deems necessary. Talent agrees that it is solely responsible (and that Company has no responsibility to the Talent or any Third party) for any content that Talent creates, has uploaded, transmitted, or displayed to Company's Platform/Site, and for the consequences of the Talent's actions, or inactions, (including any loss or damage which Company may suffer) by Talent doing so.
Company shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including, without limitation, delays by subcontractors or suppliers.
Company adheres to industry best-practices to protect your privacy. However, by using the Platform/Site, you acknowledge and agree that Internet transmission security cannot be guaranteed. As a result, you understand that any message or information you send to the Platform/Site may be read or intercepted by others in extreme cases, even if there is a special notice that a transmission is encrypted. Therefore, you accept the associated risks inherent to any Internet transmission using the Platform/Site and hold the Company harmless from any and all liability.
Links to Other Sites
This Platform/Site may contain links to other independent third-party Web sites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company's control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
COMPANY DOES NOT PROMISE THAT THE PLATFORM/SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM/SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM/SITE WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM/SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM/SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM/SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM/SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM/SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE PLATFORM/SITE OR ANY CONTENT IS TO STOP USING THE PLATFORM/SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Platform/Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Platform/Site or any service offered on or through the Platform/Site, or (4) unexpected technical issues or problems.
Void Where Prohibited
Company administers and operates the Platform/Site from its location in the United States, and other Company sites may be administered and operated from various locations outside the United States. Although the Platform/Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Platform/Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Platform/Site is void where prohibited. If you choose to access the Platform/Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Platform/Site, in violation of any applicable laws or regulations.
Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.
Refund and Return Policy
All Platform/Site sales are deemed to be final and nonrefundable.