The Mobstar hosted mobile service Public Beta version (the” Public Beta Version”) is an online service to provide functions of Mobstar hosted mobile service (“Service”) on a cloud server environment prepared by Mobstar, a US based company. The Public Beta Version is a version undergoing Public Beta testing. You understand and agree that the Public Beta Version may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Public Beta Version signifies your understanding of and agreement to participate in the Public Beta Version’s Public Beta testing. By showing your consent to this terms and conditions on a registration page for the Public Beta Version, you agreed to be bound by this Agreement.
1. MOBSTAR SERVICE RULES
- You own your videos and its rights
- Mobstar may distribute, in non-downloadable streaming format, your video to other Public Beta users
- Your videos are secure
Each of the following words for this agreement has following meanings;
For the purposes of this Agreement, “User” means an individual who has a unique login name generated. Use of a login name by more than one person is prohibited.
For the purpose of this Agreement, “Creator” means a person who is authorized to create, upload, and share videos to the Service. A “Creator” also has the ability to invite others to become “Users” of the Service for the explicit purpose of viewing videos.
For the purpose of this Agreement, “Server” means a computer or computers for hosting the software based service. The Mobstar Server is currently hosted in the Cloud, with access granted through a mobile application
For the purpose of this Agreement, “Hardware” refers to your personal Android and iPhone. You shall be required to use your own personal Android and iPhone to create videos, for storage in the Service, during the effective term of the Public Beta.
This Agreement is effective on the effective date (“the Effective Date”) of this Agreement which is designated by Your acceptance into the Public Beta program. By accepting membership in the Public Beta program and logging into the system, you automatically accept all terms and conditions of the Public Beta test.
Mobstar reserves the right to discontinue access to the Public Beta Version without notice at any time for any reason including, but not limited to launching of or discontinuing a development of a commercial version of the Service. You agree not to claim any damages to Mobstar with respect to discontinuance of access to the Public Beta Version.
You agree that you do not have any right to a commercial version of the Service, if the commercial version of the Service is launched, unless otherwise designated explicitly by the program and officers at Mobstar.
4. PROVIDING OF PUBLIC BETA VERSION AND USE OF THE SERVICE
You understand and agree that the Public Beta Version is a Public Beta version of the Service and your use of the Public Beta Version signifies your understanding of and agreement to participate in the Public Beta testing. You agree to provide information about bugs and errors encountered in the use of the Public Beta Version to Mobstar in a timely manner at no charge to Mobstar and not to claim any right, including, but not limited to, any right under patent law and copyright law, with respect to correction or modification of the Public Beta Version or Service which Mobstar may make using information provided from you.
During the Effective Term, Mobstar will provide you functions of the Service and environment for use of the Service, by installing the Service on the cloud Server prepared by Mobstar. The installation of the Service on the Server shall be made by Mobstar. You shall be notified of any updates and changes to the service during the Public Beta period.
Purposes of the Public Beta Version are that you may use the Public Beta Version as installed. All management upgrades, and configuration of the Public Beta Version shall be managed by Mobstar.
Mobstar will provide you information, such as URL for sign up, to be used for access to functions of the Public Beta Version. You are responsible for maintaining the confidentiality of all passwords, and you may access the Public Beta Version using such information.
You may use the Public Beta Version only on the Server prepared by Mobstar and you may not make any copy of nor make any other use of the Public Beta Version on any other environment. You will not give Creator access to any other person without the explicit written approval from the Mobstar team.
You may not make available any or all of the Creator functions of the Public Beta Version, unless otherwise as expressly stated in this Agreement. Mobstar reserves the right to determine, in its sole discretion, whether your use of the Public Beta Version complies with the authorized user/creator under this Agreement. Mobstar owns all right, title and interest in and to the the Public Beta Version and the Service. Also, Mobstar reserves all rights to the Public Beta Version and the Service that are not expressly granted in this Agreement.
5. WORLD WIDE WEB
Creators must provide their own mobile or internet service to connect their devices to be used for the Public Beta Version with World Wide Web. In order to use the Public Beta Version, you agree that you must obtain access, through other communication company’s high speed internet service to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.
Mobstar is not responsible for your damage arising out of causes that you may not use the Public Beta Version relating to malfunction of facilities or equipment of Mobstar or its supplier of Server environment. Mobstar is not responsible for any damages to your hardware that arise from use during this Public Beta period.
6. RESTORING DATA
Mobstar may back-up data that may reside on the Server of the Public Beta Version against a situation of system malfunction, but is not responsible for providing services to restore your data individually. You are responsible for maintaining and backing-up your data that may reside on the Public Beta Server for the loss or damage of data, at your cost.
7. TECHNICAL SUPPORT
You acknowledge that Mobstar may not provide any technical support service with respect to the Public Beta Version. Mobstar is not responsible for issues that are native to your device, smartphone settings, or other technical issues that are not reasonably within Mobstar’s control.
Mobstar may choose to reward Creators with incentives for participation in the Public Beta testing, but is not required to provide incentives for use of Public Beta Service. Any incentives awarded are at the sole discretion of the Mobstar team.
In consideration of the above, you agree that you will not make any claim against Mobstar about damages which may be raised from use or non-use of the Public Beta Version and from this Agreement.
9. HANDLING OF INFORMATION ABOUT USER
You agree that Mobstar has a right to use data about you for making aggregation or statistics (including providing and distributing it). However, Mobstar shall not use data about you for purpose or procedure which is not adapted with laws and regulations.
Mobstar may provide or disclose information about you if Mobstar is required to do so by a judgment or order issued by a court or other government official which is enforceable.
You agree to use the Public Beta Version in a way to comply with any law in a jurisdiction (international or domestic) which you use it. Also, you shall use the Public Beta Version subject to regulations regarding protection of privacy and intellectual property. You are responsible for making your Users comply with terms and conditions of this Agreement, and you agree that any breach by your Users would be deemed as your breach.
You may not under any circumstances:
- Use Service if you are under 13 years of age without consent from your legal guardian.
- Create and/or distribute any videos of an offensive or violent nature; this includes, but is not limited to videos which include derogatory language, sexual nature, offensive language, nudity, or anything else deemed inappropriate by the Mobstar team. Mobstar reserves the right to view all videos uploaded to insure they comply with these requirements.
- Reproduce the Service except as described in this Agreement;
- Reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code or algorithms of the Service;
- Sell, lease, assign, license, sublicense, disclose, distribute or otherwise transfer or make available the Service, in whole or in part or any copies thereof, in any form to any third parties;
- Host the Service for third party use or otherwise make the Service’s functionality available to third parties as an application service provider or service bureau;
- Remove or alter any proprietary notices on the Service;
- Conduct any illegal act or violate public order and moral, or make third party to do those acts, using the Public Beta Version;
- Use the Public Beta Version for any offers, displays or introduction of any obscene matter or business; or use the Public Beta Version or makeavailable the Public Beta Version to the third parties in order to entice a curiosity relating to obscene matter or similar matter in any way including texts, video images, voice or sound.
You agree to resolve at your cost and responsibility any dispute, arising out of your use of the Public Beta Version, including but not limited to, a claim of defamation, a breach of privacy or a claim relating to use of some domain name. You shall be subject to rules established by users of Internet, such as a prohibition of sending “spam” mails. If you are aware that any person is using the Public Beta Version for illegal acts or immoral acts, including but not limited to, operation of a “fishing site” or distributing illegal or harmful video material, you shall inform Mobstar it immediately.
12. MOBSTAR’S WARRANTY
Mobstar warrants that the Public Beta Version does not contain any instructions intentionally designed to modify, damage, destroy, record or transmit information within a mobile phone, computer, mobile system or mobile network, computer system or computer network without the intent or permission of the owner of the information. This warranty does not apply to any “open source” code included in or incorporated into the Public Beta Version. During the term of this Agreement, if any portion of the Service (other than “open source” code) is found to be in violation of this warranty, Mobstar will, at its sole expense, make reasonable commercial efforts to modify or replace the Public Beta Version so that it complies with this warranty, without any material loss of the Public Beta Version’s functionality, and You will permit Mobstar a commercially reasonable amount of time to effect such modification or replacement prior to pursuing any other remedy for breach of this warranty.
Mobstar will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. Only proper notification as outlined below will be considered.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information: .
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where in the Mobstar Service the material that you claim is infringing may be found, sufficient for Mobstar to locate the material (e.g., the URL or video link).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature. You may submit this information via:
Offline: 901 S Broadway, Ste 201, Los Angeles, CA 90015
14. SUBMITTED DATA
The Public Beta version permits the submission of videos and other forms of data, (“Submitted Data”), by you and the hosting, sharing, importing, and editing of such Submitted Data. You understand that whether or not such Submitted Data is published, Mobstar does not guarantee confidentiality with respect to any submissions.
You shall be solely responsible for your own Submitted Data and the consequences of sharing it.
You retain all ownership rights in your Submitted Data.
By uploading Submitted Data to the Mobstar Public Beta Version you hereby grant Mobstar, a non-exclusive, right to reproduce, transcode, transform, edit, or use Submitted Data in connection with providing you with the requested services (e.g. viewing, hosting, playback on different devices, enhancing, mixing, etc). Mobstar will NOT use Submitted Data for commercial, promotional, or advertising purposes without prior written consent by you.
The Public Beta Version is provided “as-is” and Mobstar makes no representation or warranty for the Public Beta Version, whether express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. You assume all risk associated with the quality, performance, installation and use of the Public Beta Version, including, but not limited to, loss of data or software programs, or unavailable or interruption of operations. You are solely responsible for determining the appropriateness of use of the Public Beta Version and assume all risks associated with its use. If one of following matters occur, Mobstar may suspend or discontinue the Public Beta Version, at any time, in its sole direction. Mobstar shall not be liable to you or to any third party for such suspension or discontinuance of the Public Beta Version.
- Increase of traffic or data storage, determined by Mobstar, which affects a material impact on a system of the Public Beta Version or which interferes with other Users’ or Creators’ use. Your will comply with all storage limits imposed by Mobstar.
- Use of the Public Beta Version, which is determined by Mobstar to be similar to the above and which affects a material impact on a system of the Public Beta Version. Mobstar will make reasonable efforts to maintain the Public Beta Version, However, Mobstar is not responsible for any damage, loss of data, custom information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Public Beta Version. You are responsible for maintaining and backing-up your data and information that may reside on the Public Beta Version. Mobstar does not warrant that (i) The Public Beta Version will meet your specific requirements, (ii) use of the Public Beta Version will be uninterrupted, timely, secure or error-free, (iii) The results that may be obtained from the use of the Public Beta Version will be accurate or reliable.
16. TERMINATION OF THIS AGREEMENT
Mobstar may terminate this Agreement without a notice, if you violate any of terms and conditions of this Agreement.
If you cancel this Agreement, this Agreement will be terminated as of the day when you cancel.
On and after termination of this Agreement, your access to the Public Beta Version will be terminated and all data and contents contained in the Server will be automatically deleted.
Provisions regarding limitation of liability, Indemnification, Extent of Warranty and General in this Agreement survive termination of this Agreement.
You expressly understand and agree that Mobstar, its officers, directors, employees, agents, subsidiaries, affiliates and other partners will not be liable for any direct, indirect, incidental, special, consequential or exemplar damage entered into through or from the Public Beta Version.
18. EXTENT OF LIABILITY
You expressly understand and agree that Mobstar will not be liable for any direct, indirect, incidental special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mobstar has been advised of the possibility of such damages).
You understand that access to the Public Beta Version might be suspended by malfunction of the Server or other equipment, or maintenance of those equipment, communication disturbance or delay, errors of software (including the Public Beta Version) in the Server or other equipment.
You understand that data, program or other electromagnetic record in the Server of the Public Beta Version might be lost, damaged or altered due to computer viruses or lack of security.
Mobstar is not liable for restoring data, programs and other electromagnetic data (“Data”) or for compensation of damage, if loss of Data or damage is occurred to you or third party due to one of following causes;
- Data stored in or transferred to the Server is lost, damaged or leaked due to malfunction of the Server or other equipment or any similar cause, your access to the Public Beta Version is interrupted or access to the Public Beta Version are not provided in a timely manner, or you or a third party are interrupted while transferring the Data in the Server to another place, or transfer of such Data is not made timely.
- A provision of laws which impose following warranties on Mobstar will not be applied to this Agreement between you and Mobstar.
a) The quality of the Public Beta Version will meet with your expectations;
b) The Public Beta Version will meet with your specific requirements: or
c) Your use of the Public Beta Version will not infringe any third party’s rights.
Mobstar and the Mobstar logo and each name are trademarks of Mobstar. You agree not to use or display those trademarks without a written approval of Mobstar in anyway.
This Agreement will be governed by and construed in accordance with the laws of California. You agree to jurisdiction of California Court for all disputes concerning in any manner the subject matter of this Agreement.