By using or otherwise accessing our Services, you are acknowledging that: (a) you have read and understood these Terms, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please immediately stop all use of RedSuperstar’s Services. If you have any questions or need any clarifications, please contact us before using the Services. Please note that these Terms were written in English; to the extent any translated version of these Terms conflict with the English version, the English version published by RedSuperstar controls.
Relationship and Conduct
1. Incorporation of Introduction. You hereby represent that everything in the Introduction, above, and otherwise submitted to us by you through the Services or in other communication with us, is true and accurate, and you agree that the Introduction is a part of these Terms.
2. Modification of These Terms. We may modify these Terms at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the “Last Revised” date depicted above. Your use of the Services, or failure to terminate your account with us, during thirty (30) days subsequent to any modifications will constitute acceptance of the Terms as so changed.
3. Reserved Rights. Without limitation to all other rights enjoyed by RedSuperstar, we expressly reserve the right at any time to:
4. Online Conduct. At all times when using or accessing the Services, you agree that:
Failure to comply with the foregoing provisions outlined under “Online Conduct” above may result in immediate suspension or termination of your right to use the Services without refunding your membership fees. RedSuperstar reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms.
5. Purpose and Nature of the Services. The contents of our Services, and the Services in general, are intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements to provide entertainment services (collectively, “Permitted Uses”). Selling or offering to sell any interest in real property, any personal property, or other tangible good (as opposed to your entertainment services) is not a Permitted Use of the Services and is strictly prohibited. You represent and warrant that you understand, and agree, that RedSuperstar is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of services at any event or engagement. While we do believe that RedSuperstar members will achieve some amount of exposure from a listing within our Services, we do not guarantee in any way that the use of our Services will produce paying clients for our members. We do not guarantee that users who supply services as a result of introductions made through RedSuperstar will be paid for their services. We do not represent or guarantee that our Services will further the careers of our members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, RedSuperstar does not take responsibility for the content of any member profile, or member services offered on any profile. RedSuperstar does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a member should be directed to the particular member. RedSuperstar does not endorse, sanction, or verify members on this website. Contacting these members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any member listed within our Services.
6. Age Restrictions. In order to use RedSuperstar’s Site and other Services you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13.
A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by RedSuperstar. Some areas of the Site and App may contain material that is inappropriate for Minors.
7. Links to Other Websites and Services. RedSuperstar does not control the availability or content of any outside websites, application, services, or resources (collectively, “third party services”) to which the Services may link. Concerns regarding any such third party services or links thereto should be directed to the particular outside third party service. Unless stated otherwise, RedSuperstar does not endorse, sanction, or verify third party services to which our Services link, and we or our users provide these links merely for the convenience of users of our Services. Access to such third party services is at your own risk, and we disclaim all liability with regard to your access to such third party services. In addition, we do not endorse, sanction, or verify third party services that link to our Services, even if any logo or mark of RedSuperstar is used as part of the link to our Services.
9. No Partnership, Agency, or Affiliation. Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that RedSuperstar is not the partner, agent, joint venturer, or otherwise an affiliate of you, any member, or any other user of the Services.
Registration, Payments and Refunds
Members shall not have more than one free Listing at any one time if they are part of the same affiliation, regardless of location or act name specified in the Listing. Any free Listing may be terminated or redacted by RedSuperstar at any time, for any reason, and without notice. You hereby grant RedSuperstar permission to add content to your Listing at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your Listing.
When you register to use our Services, you will create a password and a user ID, which will provide you access to certain services and materials available through the Services unless revoked by us for any reason. You agree not to disclose your user ID and password to any third party. If at any time you believe that your user ID and/or password has been revealed to any other party, or otherwise compromised, you agree to notify us in writing immediately and to change your user ID and/or password immediately through the member control panel within our Services. You agree to be responsible for and to indemnify, defend and hold RedSuperstar, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password. You are solely responsible for maintaining the confidentiality of your user ID and password, and for any and all activities that are conducted by you or anyone else through your account.
11. RedSuperstar’s Fees. Certain parts of the Site and Services may be accessed and used without charge. For use of certain other parts of our Site and Services, however, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Current fee information is available on the Site. All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, monthly fees, annual fees, one-time fees, takedown fees, and the like, are referred to herein as “RedSuperstar Fees.” All financial information addressed within the Services (including RedSuperstar Service Fees, subscription, deposits, and/or any other various pricing information) is given in terms of SGD dollars for Singapore members unless otherwise stated.
12. Payment of Listing Fees. By registering for a Paid Listing, you authorize us to charge your credit card, debit card or other payment method at such time. You agree that we may charge all RedSuperstar Fees owed in connection with your Listing (the “Listing Fees”) to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all Listing Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “RedSuperstar.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Listing Fees charged in accordance with these Terms; and in the event you do so, we may terminate your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
13. Automatic Renewals. If you choose a monthly subscription to a Service, your subscription will continue indefinitely until canceled by you. After your initial payment of the monthly Lising Fee, your subscription will automatically continue each month at the price you agreed to when subscribing to that Service. You agree that your monthly membership will be subject to this automatic renewal feature. If you do not wish for your subscription to renew automatically, or if you want to change or terminate your subscription to a Service, please log in to your account and follow the cancellation process. If you cancel your subscription to a Service, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the Listing Fee paid for the then-current subscription period. By registering for a Listing, and choosing a monthly membership, you authorize us to charge your credit card or debit card at the beginning of each renewal subscription period. Upon the renewal of your monthly membership, if we do not receive payment, you agree that we may either terminate or suspend your use of the Services, or revert your account to a free Listing, thus losing any applicable features or benefits of a paid Listing.
You may choose to prepay for a Service for 6 months or 1 year at the time of registration. Doing so will prevent your account from being subject to automatic renewals. When you reach the end of a prepaid subscription, your account will revert to a free Listing, thus losing any applicable features or benefits of a paid Listing, unless you log in to your account and renew your subscription.
14. Collection of Deposits and Gig Payments. Each member or other user that is a provider of services promoted within the Services (each a “Supplier”) hereby appoints RedSuperstar as its agent for receipt of deposit, balance, or other payments that RedSuperstar permits to be made through the Services (each a “Payment”). Where a user that is not a Supplier and who wishes to retain a Supplier for services (each a “Purchaser”) wishes to make a payment to a Supplier through the Services, RedSuperstar may, but is not required to, accept such Payment in its capacity as agent of the Supplier. As of the instant when RedSuperstar is in receipt of any Payment, the Supplier for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if RedSuperstar settles the Payment amount to Supplier. Purchaser shall be a third party beneficiary of such release by Supplier hereunder. Following receipt of Payments for Suppliers, RedSuperstar shall settle the amounts thereof to Suppliers less all RedSuperstar Fees disclosed in the Services and less any chargebacks, reversals or returns by Purchaser. RedSuperstar reserves the right to return any Payment to a Purchaser for any reason or for no reason. RedSuperstar reserves the right to provide Purchaser with a receipt in the name of the Supplier for each Payment which receipt Supplier shall honor.
15. Refunds. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.
Intellectual Property Rights, Licenses, and Complaints
16. Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within the Services (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by RedSuperstar. The Services as a whole is protected by copyright, trademark, trade dress and other proprietary rights, all worldwide right, title and interest in and to which is owned and controlled by RedSuperstar. Unless otherwise noted, by using a third party’s trademark or trade name within our Services, RedSuperstar does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and RedSuperstar hereby expressly disclaims any such affiliation or endorsement.
17. Site and Services Use License Subject to these Terms and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Contents. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand that the Site and Contents are for your personal and non-commercial use only. Except as expressly permitted by these Terms, the functionality of the Site or App (i) no Contents (other than your Submissions) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to RedSuperstar’s Site, App, or other Services.
18. License to Submissions. With respect to any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to RedSuperstar for posting on your Listing (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally and irrevocably grant to RedSuperstar and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services.
If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP, SESAC, or GMR, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for use of your User Content as authorized in these Terms. Note: RedSuperstar pays royalties to ASCAP and BMI to publicly perform compositions from their affiliated artists through our Site. As a user of our Services, it is your obligation to determine affiliation of compositions you upload to the Services. For a list of ASCAP and BMI artists, please contact ASCAP and BMI directly.
RedSuperstar shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submissions as authorized in these Terms. The foregoing licenses and rights granted to RedSuperstar will survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as RedSuperstar shall have no obligation to return any Submissions to you should it become damaged or lost.
You represent, warrant and agree that:
19. Complaints About Perceived Trademark Infringement. RedSuperstar respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that a RedSuperstar member or any content within our Services violates your trademark rights, please seek legal advice.
Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this Section 19) has occurred, we encourage you to contact the RedSuperstar user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without RedSuperstar’s involvement.
If you believe the perceived trademark infringement requires action by RedSuperstar, you may choose (i) to utilize the Trademark Dispute System offered by RedSuperstar, if available, or (ii) to submit a formal claim of perceived infringement to RedSuperstar in accordance with the following provisions of this Section 19. Submitting a claim of perceived infringement is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To be considered a complete claim, you will be required to provide all of the following information:
RedSuperstar will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Services or take other action(s) to address the perceived infringement; however, if such member promptly provides RedSuperstar with persuasive evidence or arguments, in RedSuperstar’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.
Please be advised that we may, in our discretion, provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you, as well as any contact information we have on file for you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement.
Without limiting RedSuperstar’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20. Complaints About Perceived Copyright Infringement. RedSuperstar respects intellectual property rights, and may remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the Intellectual Property Office of Singapore
Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this Section 20) has occurred relative to Work you created or own, you must follow the procedures set forth below.
20.A. User-Generated Content; DMCA. If you believe that content within our Services that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without RedSuperstar’s involvement.
If you believe the perceived copyright infringement requires action by RedSuperstar, you must submit to RedSuperstar a formal takedown notice (a “Takedown Notice”) fully compliant with the Digital Millennium Copyright Act (“DMCA”). The DMCA establishes the procedures to be followed when RedSuperstar receives a Takedown Notice from a putative copyright holder or agent of a copyright holder (hereafter referred to as the “Complainant”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.
You may contact us or may prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to RedSuperstar for processing must contain at least the following:
You must submit the completed Takedown Notice to RedSuperstar’s designated agent under the DMCA.
Upon receipt of a Takedown Notice RedSuperstar deems substantially complete and valid, we will follow the notice, takedown and counter-notification procedures set forth in section 512(c) of the DMCA, beginning with expeditiously removing, or disabling access to, the complained-of material. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement, as well as any contact information we have on file for the alleged infringer.
Without limiting RedSuperstar’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Services without notice, and may no longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms.
20.B. Other Content. If you believe the perceived copyright infringement involves content generated by RedSuperstar, rather than members or other users of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
Disputes, Liabilities, and Disclaimers
21. DISCLAIMER OF ALL WARRANTIES. All data and information featured in the Services is provided strictly “AS-IS” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the Services; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the Services will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Services; (v) any details relating to any transactions you may engage in with any other use of the Services; (vi) the quality of the listings or other information offered by you or any user of the Services; (vii) the financial condition of you or any user of the Services; or (viii) compliance with local, state and federal laws by you or any other user of the Services. RedSuperstar makes no representation that the information in the Services is appropriate or available for use in locations outside the United States, and access to the Services from locations where the provision of such information may be illegal is prohibited. Users who determine to access the Services from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
22. LIMITATION OF LIABILITY. Neither RedSuperstar nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. Your sole remedy as a result of any breach or alleged breach by us of these Terms is limited to your ability to discontinue use of the Site and App, and your ability to terminate your participation in any Services. To maximum extent allowed by applicable law, RedSuperstar shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Services or information flowing through the Services.
23. ASSUMPTION OF RISK. Your use of the Services is at your sole risk. You should conduct your own independent investigation of the users of the Services before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the Services be liable for any financial or other obligations that may arise between you and any other user of the Services.
You acknowledge that documents posted to and content available through the Services may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Services. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
24. WAIVER AND RELEASE. By using our Services, you hereby waive any rights of recovery, under any theory of law, that you may have against RedSuperstar, and its parents, subsidiaries and affiliates, and you release RedSuperstar from any claim, cause of action or demand, on account of your use of the Services or the provision of the Services by RedSuperstar.
25. Indemnification. By using the Services, you agree to indemnify, defend, save and hold harmless RedSuperstar, and its members, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgments, damage, demands, cost, or expenses (including reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Services; (ii) any breach or violation by you of these Terms; (iii) any breach or violation by you of any representation or warranty made herein; and/or (iv) your violation of any rights of any third party. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section 25. We will promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses.
26. Applicable Law. These Terms and RedSuperstar’s provision of the Services to you shall be governed by and construed in accordance with the laws of the Singapore., without reference to conflict of laws provisions thereof and, as to matters affecting copyrights, trademarks and patents, by Singapore law.
27. Exclusive Jurisdiction. You and RedSuperstar further agree that any dispute, claim, or action to interpret or enforce these Terms, or in any way related to your use of, orRedSuperstar’s provision of, the Services, may only be brought exclusively in the state or federal courts of Singapore. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s).
28. Enforcement Costs. Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including attorneys’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.