TERMS OF SERVICE

This page sets out the terms on which you may access and make use of our website [www.MusicStar.lk] (the "Site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.
  1. ACCESSING THE SITE

    1. We reserve the right to withdraw or amend the service we provide on the Site without notice We will not be liable if for any reason the Site is unavailable at any time or for any period.
    2. From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.
    3. If you create a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable your password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
    4. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive videos or other content via the Service.
    5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate contest director, judge, contestants and fans. Also you must not post private or confidential information via the Service.
    6. You must be at least 13 years old to use the Service. If you are under 13 years of age, the whole process can only be initiated by a parent. Children cannot open accounts on MusicStar by themselves (Since people can only login via Social Login, it is assumed that children cannot login) Parents who want to make accounts for their children can do so. The parent will need to create his/her own account and link it to the child account. The child account cannot exist independently. The parent has all access to the child account and can control it.
  2. Account security

    1. You must keep your user name and password confidential at all times. Any breach of these terms of use by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use.
    2. You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorized user.
    3. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
  3. RELIANCE ON INFORMATION POSTED

  4. Verdicts and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
  5. THE SITE CHANGES REGULARLY

  6. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Also address changes to the law or regulatory changes to functionality offered through the service. Therefore you must look at the TERMS on and off to check for such changes
  7. MusicStar ACCOUNTS

    1. In order to access the features of the website or other elements of the website, the user has to create an account on MusicStar. When creating an account, you must provide accurate and complete information. It is vital that you must keep your account password and username confidential.
    2. You must immediately alert MusicStar of any breaches of security or unauthorized use of your MusicStar account that you become aware of.
  8. GENERAL RESTRICTIONS ON USE

    You may use the Site only for lawful purposes. You may not use the Site:

    1. in any way that breaches any applicable local, national or international law or regulation
    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
    3. for the purpose of harming or attempting to harm minors in any way;
    4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
    5. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam)
    6. Contest Directors, Contestants and Fans are not permitted to create any offensive, sexually disturbed harmful contests on the website.
    7. You must not create or submit unwanted comments or other forms of commercial or harassing communications (spam) to any other users on MusicStar.
  9. You also agree:

    1. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use
    2. not to access without authority, interfere with, damage or disrupt ,any equipment or network on which the Site is stored, any software used in the provision of the Site , any equipment or network or software owned or used by any third party.
    3. Also agreed not to collect or harvest any personal data of any user of the website or any service.
    4. Agree that you will comply with all other provisions of the terms and guidelines at all times during your use of the service.
    5. MusicStar is constantly innovating and updating the services in order to provide the best experience for its users. You acknowledge and agree that the form and nature of the service which MusicStar provides may change from time to time without any prior notice.
    6. You agree that you will not upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for MusicStar to use or possess in connection with the provision of the Service.
    7. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MusicStar with respect to any such Content.
  10. OUR LIABILITY

    Your access to and use of the site/services or any content are at your own risk.

    1. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. You are solely responsible for your conduct and any data, information, usernames, profiles, video clips, musical works, works of authorship, applications, links and other that you submit, video on or via the Service.
    2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
      • loss of income or revenue;
      • loss of business
      • loss of profits or contracts
      • loss of anticipated savings;
      • loss of data;
      • loss of goodwill;
      • wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

    You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that MusicStar is not responsible or liable for the conduct of any user MusicStar reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or video content or any personal or other information.

  11. CONTENT STANDARDS

  12. These content standards apply to any and all material which you contribute to the Site ("Contributions"). You must comply with the spirit of the following standards. The standards apply to each part of any Contribution as well as to its whole. Contributions must:
    • be accurate (where they state facts);
    • be genuinely held (where they state opinions) and
    • comply with applicable laws in Sri Lanka
    Contributions must not:
    • contain any material which is obscene, offensive, hateful or inflammatory;
    • promote sexually explicit material;
    • promote violence;
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringe any copyright, database right or trade mark of any other person; be likely to deceive any person;
    • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    • promote any illegal activity;
    • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
    • be likely to harass, upset, embarrass, alarm or annoy any other person;
    • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    • give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  13. INTELLECTUAL PROPERTY

    Copyrights:

    Copyright is an important element for MusicStar users.

    • MusicStar operates a clear copyrights policy in relation to any content that is supposed to violate (infringing) of a third party.
    • MusicStar will terminate the user access on the site if a user has been determined to be a violate copyrights.
      • MusicStar respects other sites copyrights, We expect the user to do the same.
    Trademark:

    A trademark is a word or symbol, or combination that identifies the source of a product or a company and distinguishes it from other products or company. A trademark is specifically acquired by a company or other entity through a legal process and once acquired gives the owner exclusive rights to the trademark.

    Trademark infringement is unethical, improper or unauthorized use of a trademark in a way that is likely to cause confusion as to the source of that product. MusicStar policies prohibit videos and accounts that infringe trademarks. If you upload video on MusicStar that uses another party's trademarks in a way that is likely to cause confusion, MusicStar will take immediate actions to block your videos and your account.

  14. SUSPENSION AND TERMINATION

    1. We will determine, in our discretion, whether there has been a breach of these terms of use through your use of the Site. When a breach of these terms of use has occurred, we may take such action as we deem appropriate
    2. Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:
    3. immediate, temporary or permanent withdrawal of your right to use the Site;
    4. immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
    5. issue of a warning to you;
    6. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    7. further legal action against you; or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    8. We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.
  15. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

    We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  16. VIRUSES, HACKING AND OTHER OFFENCES

    You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of- service attack or a distributed denial-of service attack By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
  17. VARIATIONS

    We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Sit