We’re pleased to make our Service available to you. The Star Essentia Service includes social and interactive features.
In order to use the Star Essentia Service, you need to follow below points:
- Be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms.
- Have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.
- Be resident in the Local Country. You also warrant that any registration information that you submit to Star Essentia is true, accurate and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Star Essentia Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
Enjoying Star Essentia
Here’s some information about all the ways you can enjoy Star Essentia.
Star Essentia account holders may access the Star Essentia Service by any of our several Subscriptions:
- Free Service: an ad-based, free-of-charge service;
- Unlimited Service: a subscription fee-based service;
- Premium Service: an ad-free, subscription fee-based service which enables you to listen to music while not connected to the internet, among other features.
- Mobile Service: via a supported mobile handset.
The Premium Service permits you to store cached content on up to three (3) personal computers, mobile handsets and/or other relevant devices (collectively “Devices”) while your Premium Service subscription is active. You may not transfer copies of cached content to any other device via any means. By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber. The Premium Service and the Unlimited Service are hereinafter referred to as “Paid Subscriptions”.
CODES AND OTHER LIMITED OFFERS
If you have purchased a code sold by or on behalf of Star Essentia for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Star Essentia (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). Star Essentia reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Star Essentia account’s settings before the end of the Trial.
License and assignment
The Star Essentia Service and the content provided through it are the property of Star Essentia or Star Essentia’s licensor, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Star Essentia Service and to receive the media content made available through the Star Essentia Service in your Local Country, based on the Subscription or Trial you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or Star Essentia.
The Star Essentia software applications are licensed, not sold, to you, and Star Essentia retains ownership of all copies of the Star Essentia software applications even after installation on your Devices. Star Essentia may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.
All Star Essentia trademarks, service marks, trade names, logos, domain names, and any other features of the Star Essentia brand are the sole property of Star Essentia. This License does not grant you any rights to use the Star Essentia trademarks, service marks, trade names, logos, domain names, or any other features of the Star Essentia brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Star Essentia Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Star Essentia Service are licensed to you either under these Terms, or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and on our website.
Third Party Applications
User generated content
Star Essentia users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and play list compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Star Essentia. This license lasts until you terminate your Star Essentia account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Star Essentia Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Star Essentia Service and your right to object to derogatory treatment of such User Content.
Star Essentia does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Star Essentia’s sole discretion, violates these Agreements. Star Essentia may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Star Essentia is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at email@example.com.
In consideration for the rights granted to you under these Terms, you grant us the right:
- To allow the Star Essentia Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service.
- To provide advertising and other information to you, if you subscribe to the Free Service.
- To allow our business partners to do the same.
You grant Star Essentia a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Star Essentia Service.
These Terms are not intended to grant rights to anyone except you and Star Essentia, and in no event shall these Terms create any third party beneficiary rights. Any failure by Star Essentia to enforce these Terms or any provision thereof shall not waive Star Essentia’s right to do so.
We’ve established a few ground rules for you to follow when using the Service, to make sure Star Essentia stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Star Essentia respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:
- Copying, reproducing, “ripping”, recording, or making available to the public any part of the Star Essentia Services or content delivered to you via the Star Essentia Services, or otherwise any making use of the Star Essentia Service which is not expressly permitted under these Terms.
- Using the Star Essentia service to import or copy any local files you do not have the legal right to import or copy in this way.
- Reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Star Essentia Services or any part thereof
- Circumventing any technology used by Star Essentia , its licensors, or any third party to protect content accessible through the Service.
- Renting or leasing of any part of the Services.
- Circumventing of any territorial restrictions applied by Star Essentia .
- Artificially increasing play count or otherwise manipulating the Services by using a script or other automated process.
- removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Star Essentia Service.
- providing your password to any other person or using any other person’s user name and password.
Please respect Star Essentia and other users of the Star Essentia Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that:
- Is offensive, abusive, defamatory, pornographic or obscene.
- Using the Star Essentia service to import or copy any local files you do not have the legal right to import or copy in this way.
- Is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Star Essentia or a third party.
- Includes personal data of third parties or is intended to solicit such personal data.
- Includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service.
- Is intended or does harass or bully other users.
- Impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading.
- uses automated means to artificially promote content.
- Involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Star Essentia inbox.
- Involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes.
- Promotes commercial products or services.
- Interferes with the Star Essentia Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Star Essentia's computer systems or network, or breaches any of Star Essentia's security or authentication measures.
- Conflicts with the Agreement, as determined by Star Essentia. You agree that Star Essentia may also reclaim your username for any reason.
Please be thoughtful about what you make public on Star Essentia. The Star Essentia Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Star Essentia or across the web, so please use Star Essentia carefully and manage your account settings regularly. Star Essentia has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Star Essentia respects the rights of intellectual property owners. For more details on Star Essentia’s copyright policy.
Technology limitations and modifications
Star Essentia will make reasonable efforts to keep the Star Essentia Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Star Essentia reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Star Essentia Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Star Essentia Service or any function or feature thereof. You understand and agree that Star Essentia has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Star Essentia’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Star Essentia under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
Payments, cancellations and cooling off
If you reside in a Local Country which is part of the European Union and have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.
If you have a Paid Subscription, your payment to Star Essentia will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
Star Essentia may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Star Essentia Service after the price change takes effect, you accept the new price.
Term and termination
These Terms will continue to apply to you until terminated by either you or Star Essentia. Star Essentia may terminate the Terms or suspend your access to the Star Essentia Service at any time, including in the event of your actual or suspected unauthorized use of the Star Essentia Service or non-compliance with the Terms. If you or Star Essentia terminate the Terms, or if Star Essentia suspends your access to the Star Essentia Service, you agree that Star Essentia shall have no liability or responsibility to you and Star Essentia will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Star Essentia account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that the star Essentia service is provided “as is”, without express or implied warranty or condition of any kind. You use the star Essentia service at your own risk. Star Essentia disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. In addition, Star Essentia does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Star Essentia Service or any hyper linked website, or featured in any banner or other advertising. You understand and agree that Star Essentia is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Star Essentia Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Star Essentia shall create any warranty on behalf of Star Essentia in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Star Essentia Service, the Third Party Applications or the Third Party Application content is to uninstall any Star Essentia software and to stop using the Star Essentia Service, the Third Party Applications or the Third Party Application content.
To the fullest extent permitted by law, in no event will star Essentia, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for
- Any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, arising out of the use or inability to use the star Essentia service, third party applications or third party application content, regardless of legal theory, without regard to whether star Essentia has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
- Aggregate liability for all claims relating to the star Essentia service, third party applications or third party application content more than the amounts paid by you to star Essentia during the prior three months in question.
Nothing in these Agreements removes or limits Star Essentia's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and Star Essentia and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Star Essentia are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Star Essentia that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Star Essentia Service may be governed by additional agreements. That could include, for example, access to the Star Essentia Community for customer support, access to the Star Essentia Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and Star Essentia agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user, the following mandatory arbitration provisions also apply to you:
You and Star Essentia agree that any dispute, claim or controversy arising out of or relating in any way to the Star Essentia Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Star Essentia are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Star Essentia account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Star Essentia agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
You and Star Essentia agree that:
- Any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights.
- Any claims related to allegations of theft, piracy or unauthorized use of the Star Essentia Service are NOT subject to mandatory arbitration. Instead, you and Star Essentia agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in San Francisco County, California or New York, New York, and that applicable California and/or Federal law shall govern, without regard to choice of law principles.
You and star Essentia agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Star Essentia. Any arbitration costs or fees deemed “excessive” will be paid by Star Essentia.
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