Terms of Service (updated March 31, 2017) This agreement is between Mediascope, Inc. (DingaStar”) and users of DingaStar’s products, services, and websites (“You”).
1. Your Acceptance
b. Although DingaStar may attempt to notify you when major changes are made to the Terms of Service, You should periodically review the most up-to-date version at http://web.dingastar.com/web/webview/html/term_service.do. DingaStar may, in its sole discretion, modify or revise the Terms of Service and policies at any time, and You agree to be bound by such modifications or revisions. . Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Community Guidelines
You may be permanently banned from the Service if You do any of the following:
a. Attack or demean individuals or groups,
b. Engage in predatory behavior, stalking, harassment, or intimidation,
c. Engage in offensive speech,
d. Engage in bullying.
You also may be banned if you take any other action that DingaStar determines is harmful to the Service or the use of the Service by others, or is in violation of applicable law.
3. DingaStar Accounts
a. In order to access some features of the Service, You will have to create a DingaStar account. You may never use another user's account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify DingaStar immediately of any breach of security or unauthorized use of your account.
b. Although DingaStar will not be liable for any losses to You caused by any unauthorized use of your account. you may be liable for the losses of DingaStar or others due to such unauthorized use.
4. General Use of the Service
DingaStar hereby grants You permission to access and use the Service as set forth in the Terms of Service, provided that:
a. You agree not to distribute in any medium any part of the Service or the Content without DingaStar's prior written approval, unless DingaStar makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
b. You agree not to alter or modify any part of the Service.
c. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means DingaStar maydesignate.
d. You agree not to use the Service for any of the following commercial uses unless you obtain DingaStar's prior written approval:
i. the sale of access to the Service; or
ii. the sale of
advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service.
iii. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from DingaStar appears on the same page and is of sufficient value to be the basis for such sales.
e. In your use of the Service, You will comply with all applicable laws.
f. DingaStar reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content (“Content”):
a. Content on the Service, and the trademarks, service marks and logos(“Marks”) on the Service, are owned by or licensed to DingaStar, subject to copyright and other intellectual property rights under the law.
b. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by DingaStar on the Service for that Content. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DingaStar or the respective licensors of the Content. DingaStar and its licensors reserve all rights not expressly granted in and to the Service and the Content. .
c. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
d. You understand and acknowledge that when using the Service, you will be exposed to Content from a variety of sources, and that DingaStar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against DingaStar with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DingaStar, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content; License to DingaStar
a. As a DingaStar account holder, You may submit Content to the Service including videos and user comments. You understand that DingaStar does not guarantee any confidentiality with respect to any Content you submit.
b. You shall be solely responsible for your own Content and the consequences of submitting publishing your Content on the Service. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content You submit; and You license to DingaStar all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the Terms of Service.
c. You retain all of your ownership rights in your Content. However, by submitting Content to DingaStar, You hereby grant DingaStar a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and DingaStar's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
d. Many of DingaStar’s products are interactive, and, as such, may be modified by other Users of the Service without Your prior approval. Such modifications may enhance or detract from your Content and You. You acknowledge and agree that other users of the Service may so modify your Content at any time following submission thereof and assume the risks related thereto.
e. You are free to remove your Content at any time. You understand and agree, however, that DingaStar may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by You. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Further, You understand and agree that any Content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person.
f. You further agree that Content You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DingaStar all of the license rights granted herein.
g. DingaStar expressly disclaims any and all liability in connection with Content. DingaStar does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and DingaStar will remove all Content if properly notified that such Content infringes on another's intellectual property rights. DingaStar reserves the right to remove Content without prior notice.
7. Account Termination Policy
a. DingaStar will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
b. DingaStar reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. DingaStar may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of the Terms of Service.
If You purchase products or/and services directly from DingaStar, You authorize DingaStar to charge You the applicable fees, including any ongoing charges for subscription renewals, taxes and possible transaction fees. through the designated payment method. You understand and acknowledge that DingaStar may adjust the pricing for its products and services in the future and that You will be charged such adjusted fees on a going forward-basis after notice to You from DingaStar. If You purchase a subscription from DingaStar, your subscription will automatically renew at the end of each subscription term until You cancel the subscription. If You cancel a subscription, Your subscription will terminate at the end of Your current subscription period. You acknowledge that any payments You make to DingaStar are non-refundable. DingaStar may, at its discretion, provide You with a credit or refund, but such issuance of a credit or refund does not obligate DingaStar to provide You credits or refunds in the future.
9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
If You are an intellectual property owner or an agent thereof and believe that any Content on the Service infringes any rights that You own or represent, then You may submit a notification of claimed infringement and we will respond accordingly.
10. Policies, safety, and reporting
We rely on DingaStar community members to flag content that they find inappropriate. Flagged content is not automatically taken down by the flagging system. Content that violates our Community Guidelines is removed from DingaStar.
a. Sexually explicit content like pornography is not allowed. Videos containing fetish content will be removed or age-restricted depending on the severity of the act in question. In most cases, violent, graphic, or humiliating fetishes are not allowed to be shown on DingaStar.
b. It’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational or disrespectful. If a video is particularly graphic or disturbing, it should be balanced with additional context and information. The violent content may be considered gratuitous and may be removed from the site.
c. Videos that incite others to commit acts of violence are strictly prohibited from DingaStar. If your video asks others to commit an act of violence or threatens people with serious acts of violence, it will be removed from the site.
d. Spam, deceptive practices, and scams We are constantly working to keep DingaStar free of spam, scams and other deceptive practices that attempt to take advantage of the DingaStar. Below you can learn in more detail what constitutes a violation of these policies.
(I) Video and comment spam : It's not okay to post unwanted or repetitive content in videos, comments, private messages, or other places on the site.
(II) Artificial traffic spam : Anything that artificially increases the number of views, likes, comments, or other metric either through the use of automatic systems or by serving up videos to unsuspecting viewers, is against DingaStar's terms. Videos and accounts that are found to be in violation of our terms may be closed down and removed from DingaStar.
(III) Misleading metadata : Metadata refers to any and all additional information provided on a video. This includes the title, description, tags, annotations, and thumbnail. All metadata should be representative of the content contained in your video.
(IV) Scams : Some users create content which attempts to trick others for their own financial gain. Content that deliberately tries to mislead users for financial gain may be removed, and in some cases strikes may be issued to the uploader.
(V) Blackmail or extortion : DingaStar has a zero-tolerance policy for extortion and/or blackmail. If someone has recorded a sexually exploitative video of you and has sent the link, please flag this content immediately for removal and contact 1:1 inquiry.
e. DingaStar has a zero-tolerance policy for sexual content involving minors. Uploading, commenting, or engaging in any type of activity that sexualizes minors will immediately result in an account suspension.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DINGASTAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. DINGASTAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OF PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DINGASTAR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. DINGASTAR DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DINGASTAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Limitation of Liability
IN NO EVENT SHALL DINGASTAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DINGASTAR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ABY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DINGASTAR SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Although the Service is provided through its facilities of affiliated company of DINGA Star in the United States of America, DingaStar makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless DingaStar, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
14. Ability to Accept Terms of Service
You affirm that you are either 13 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by DingaStar without restriction.
You agree that: (i) the Service shall be deemed solely based in Republic of Korea; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DINGA Star, either specific or general, in jurisdictions other than Republic of Korea. The Terms of Service shall be governed by the laws of Republic of Korea, without respect to its conflict of laws principles, unless otherwise stated. Any claim or dispute between You and DINGA Star that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Republic of Korea. These Terms of Service, together with the Privacy Notice at http://web.dingastar.com/web/webview/html/term_privacy.do and any other legal notices published by DIngaStar on the Service, shall constitute the entire agreement between you and DingaStar concerning the Service. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and any failure by DingaStar to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. DingaStar reserves the right to amend the Terms of Service at any time without notice. It is your responsibility to review the Terms of Service for any changes. Your use of the Service following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DINGASTAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE SERVICES TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.