Terms of Use - Star Makers Distribution

TERMS OF USE

These Terms of Use govern your use of our website, Star Makers Distribution Limited(www.starmakersdistro.com, www.dashboard.starmakersdistro.com)

Acceptance of Terms:

By accessing or using Star Makers Distribution Limited, you agree to be legally bound by our Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website.

Where you are entering into our Terms as an individual and not on behalf of a company or other legal entity, our Terms shall be a binding agreement between us on the one hand and you, personally, on the other hand. You acknowledge that our Terms are a contract between you and us, even though it is electronic and is not physically signed, and it governs your use of our service.

You represent that you have read and understood our privacy policy. Note that we may disclose information about you to third parties in good faith where we believe that such disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms or any of our Policies (as defined below); (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public to the extent applicable to your use of our service are incorporated by reference into our Terms.

If you do NOT agree to our Terms of use, please refrain from using our services

Modification Terms:

We reserve the right to modify, update, or otherwise alter these Terms at any time without notice. It is your responsibility to review the Terms periodically for changes. Continued use of the service after modifications signifies your acceptance of the updated Terms.

Star Makers reserves the right to discontinue or make changes or updates with respect to the website or the content of the website at any time without notice. Star Makers reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately, without notice, at any time and for any reason whatsoever at its sole discretion.

Use of Our Service:

You agree to use Star Makers Distribution Limited only for lawful purposes and in a way that does not infringe upon the rights of others or inhibit their use and enjoyment of the service. Prohibited activities include, but are not limited to, violating any applicable laws or regulations, distributing spam, or attempting to interfere with the proper functioning of the service.

Eligibility:

You represent and warrant that (i) You are at least 18 years of age and have full authority to enter and fully perform your obligations under these Terms, (ii) You have obtained all necessary third-party consents, licenses and permissions necessary to do so and (iii) You will comply with all applicable laws, rules and regulations.

Account creation:

Some features of our service may require you to create an account. You are responsible for maintaining the confidentiality of your account information, and you agree to accept responsibility for all activities that occur under your account.

Intellectual Property:

• Ownership: Users retain ownership of the music they upload. By using our services, users grant us a non-exclusive license to distribute and promote their music. You grant us a worldwide, irrevocable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

• Copyright Compliance: Users must ensure that the content they upload complies with copyright laws. We reserve the right to remove infringing content.

Star Makers Distribution Limited is a registered Trademark:

The use and registration of Star Makers Distribution Limited is exclusively reserved for our organization. You may not register nor use a company name, statutory name, tradename, domain name or other name, indication or description, of which Star Makers Distribution’s name or any name similar thereto or any name which consists of a part of the Star Makers Distribution name forms part, nor shall it include any other registered trademark owned by Star Makers Distribution.

Privacy Policy and Cookies

Personal information provided or collected through or in connection with this website shall only be used in accordance with our Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this website.

Content Guidelines

• Acceptable Content: Users must comply with our content guidelines, prohibiting explicit content(if explicit, kindly indicate that it is explicit when creating your release), copyrighted material without proper authorization, or any content violating applicable laws.

• Monitoring and Removal: We reserve the right to monitor and remove content that violates our content guidelines.

Limitations of Liability

Star Makers disclaim liability for any interruptions, data loss, or damages arising from your use of our services. Neither we, nor our affiliates, partners, licensors and suppliers shall have anyliability for interruption or omissions in internet, network or hosting services and we do not warrant that the website or the services which make this website available or electronic communications sent by us are free from viruses or any other harmful elements. In no event shall star makers or any of its affiliates, partners, licensors or suppliers be liable for any direct, indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use this website, the content, even if star makers has been advised of the possibility of such damages except to the extent such damages arise directly and solely from willful misconduct or gross negligence on our part. INCLUDING WITHOUT LIMITATION DAMAGES DUE TO; (i) the use of or the inability to use our website; (ii) statements or conduct of any third party on our website; (iii) unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions, content or information you may download, use, modify or distribute; and (iv) any other matter relating to the services offered through this site.

Indemnification

Users agree to indemnify and hold Star Makers Distribution harmless from any claims, losses, or damages resulting from their use of our services. This include but may not be limited to the following;

• You agree to defend, indemnify and hold Star Makers Distribution, and its, affiliates, officers, directors, agents, employees, contractors and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of our website, or any claim or allegation that your works infringe the intellectual property or other rights of a third party. Upon receipt of a claim that any work infringes a third party’s rights, we reserve the right to suspend distribution of such work and forwarding of any sales data or payments received from retailers, pending resolution of the claim. We reserve the right to select counsel of our choice for the defense of any claim covered by this paragraph. You shall advance defense costs as necessary to fund the defense of any claims. You agree to cooperate in the defense of any such claim.

• You agree that any reasonable attorney’s fees that Star Makers Distribution may incur communicating with you or your legal representation regarding notices sent by retailers for infringement, abusive or artificial streaming behavior of your works will be deducted from Revenue earned from your works.

Restrictions on Use

You may not use this Website to publish, post, distribute or disseminate any information or content that:

• you do not have a legal right to publish or transmit (such as trade secret or other proprietary information, inside information, information subject to a confidentiality agreement or personal information about a third party);

• that infringes any copyright, trademark, patent, trade secret, or other proprietary right of a third party;

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

• violates any applicable laws or regulations.

• You may not falsely identify yourself as any other person or entity to Star Makers Distribution or otherwise misrepresent your affiliation with a person or entity, impersonate another user, forge headers or otherwise manipulate identifiers (including URLs) or disguise the source or origin of any information. Upon our request, you will provide proof, such as a copy of a driver’s license, passport, state identification card or other document acceptable to us to verify youridentity.

• You may not publish, post, distribute or disseminate any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation.

• You may not collect or store personal data about other users of this Website.

• You shall not, and shall not authorize or encourage any third party to access your works through any automated, deceptive, fraudulent or other invalid means, including but not limited to purchasing “guaranteed plays” from any promotional service, using fake listener accounts, repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. We reserve the right to investigate any activity that may violate these Terms and you shall cooperate with us in any investigation of suspected violative activities and reimburse Star Makers Distribution attorney fees incurred in such investigation.

Representations and Warranties

• You represent and warrant that you own or have the worldwide rights to enter into this Agreement in connection with the works, including that you have the necessary and full authority to act on behalf of all owners of any right, title or interest in and to the works.

• You represent and warrant that the licenses and authorizations that you are granting pursuant to this Agreement do not infringe or violate any third party’s intellectual property or other rights.

• You agree that you will obtain and pay for all clearances and licenses that may be required for the authorizations or licenses.

• You grant in this Agreement, including, without limitation, royalties or other amounts due to third parties, such as other performers, authors or co-authors, owners or co-owners, artists or producers, license fees, wages and consulting fees.

• You agree to cooperate and provide Star Makers Distribution with documents such as clearances and licensing agreements or other requested information which shows your ownership or rights to the works and Star Makers Distribution reserves the right to suspend, terminate or block the sale of the works and withhold royalties received from the sale of the works until such information is provided.

Star Makers Distribution provides this website on an “as is” basis. We make no representation or warranty that:

a) This website is appropriate or available for use in all locations;

b) Access to or use of this website will be uninterrupted, timely, secure, or error-free;

c) This website is free of all viruses and other items of a destructive nature;

d) This website is free from all errors or technical inaccuracies, or that any errors on the website will be corrected;

e) This website or its content is merchantable or fit for any intended purpose (star makers specifically excludes any warranty of merchantability or fitness for a particular purpose);

f) This website will remain unchanged, or it will always retain its current functionality.

You assume all risk for any damage to Your computer system or loss of data that results from Your use or access of this Website, including any damages resulting from viruses and other items of a destructive nature.

Third Party

We make no representations whatsoever about any other internet site that you may access through ours. When you access a non-Star Makers Distribution website, you acknowledge that it is independent from Star Makers Distribution and that we have no control over the content on that site. In addition, a link to a non-Star Makers Distribution site does not mean that we endorse or accept any responsibility for the content, or the use, of that site. You must take appropriate precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

Miscellaneous

• If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

• No failure on our part to enforce any part of these Terms of Use shall constitute a waiver of any of star maker’s rights under these terms of use and only a specific, written waiver signed by an authorized representative of star makers shall have any legal effect whatsoever.

Governing Law and Dispute Resolution

This Agreement shall be construed and performed in all respects in accordance with and shall be governed by the provisions of the World Intellectual Property Organization Copyright Treatyof 1996 and the Copy Right Act of 2022, the parties irrevocably submit to the exclusive jurisdiction of the courts. In the event of a dispute between the Parties arising out of this deed, they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.