Terms of Use

1. ACCEPTANCE OF THE TERMS OF USE

Starscape.live TERMS OF USE together with any document expressly incorporated by reference (the “Terms of Use”) constitutes a legally binding agreement between Starscape Holding.

Please read the Terms of Use carefully before starting to use the Pwnk Platform. In order to use the Pwnk Platform, by completing the registration and clicking to accept or agree to the Terms of Use when this option is made available to the Influencer, the Influencer accepts and agrees to be bound and abide by these Terms of Use and Privacy Policy, incorporated herein by reference. If the Influencer does not wish to agree to these Terms of Use or the Privacy Policy, the Influencer must not access or use the Pwnk Platform.

2. DEFINITIONS

“Company”: means Starscape Holding., Ltd.

“ Pwnk Platform”: means online services that may be accessed through Starscape.live or offline or content channels, software, programs, computer codes, mobile applications, advertising channels, or any other service channel including any other contents, materials or services offered through the Company’s platform which provides the Marketer with the facilities to search, connect, engage and transact with the Service Package of the Influencer in order to promote the brand, product, services of the Marketer.

“Business Partner”: means any person(s) who engage in the business of which is related to the Pwnk Platform including but not limited to the licensee(s) or service provider(s) who engages in business on behalf of or under the license granted by the Company.

“Influencer”: means you, influencer(s), the service provider(s) or seller(s) who are relevant or applicable to a brand and product of the Marketer and could assist, advise or build the brand or product of the Marketer by sharing the brand story through your networks or any method, has a member account to access the Pwnk Platform.

“Influencer Content”: means messages, pictures, links, videos, boards, personal web pages or profiles, forums, bulletin boards and other interactive features that allow the Influencer to post, submit, publish, display or transmit any content for the Service Package on or through the Pwnk Platform.

“Influencer Service Fee”: means the consideration payable to the Influencer in relation to the Service Package for engaging with the Marketer.

“Marketer”: means marketer(s), the brand owner(s) or the buyer(s) (an individual or juristic person), who wishes to search, connect, engage and transact with the Service Package of the Influencer to promote and expand the Marketer’s brand or product, who has a member account the access the Pwnk Platform.

“Marketer Content”: means messages, pictures, links, videos, boards, personal web pages or profiles, forums, bulletin boards and other interactive features that allow the Marketer to post, submit, publish, display or transmit any content for engagement with the Service Package of the Influencer on or through the Pwnk Platform.

“Personal Information”: means information which may be personally identified a person either directly or indirectly includes the name, email address, phone number, payment method, social media account(s), including but not limited to Facebook, Twitter, Instagram of the Influencer

“Service Package”: means the scope of work and service of the Influencer.

“Terms of Use”: means these Terms of Use.

“Privacy Policy”: refers to the Pwnk Platform privacy policy.

3. REGISTRATION

In order to activate the Pwnk Platform, the Influencer is required to register as a member account with the Pwnk Platform. During this registration process, the Influencer will be asked to provide the Company with the Personal Information on the Pwnk Platform.

The Influencer warrants and represents that all the information provided to the Pwnk Platform is accurate, up-to-date, and not misleading in any way. The Influencer shall notify the Company through the Pwnk Platform of any changes to the information provided by the Influencer. If the Influencer fails to provide notification via the Pwnk Platform of any changes to the information previously provided by it in a timely manner, or the information provided by the Influencer is incorrect or untrue or misleading. The Company, at its sole discretion, may suspend and/or terminate the provision of all or part thereof of the Terms of Use without advance notice.

The Company shall have the sole discretion to determine whether or not to approve the applications for the use of the Pwnk Platform and shall not be obligated to disclose the review process to the Influencer. The Company shall not be held liable for any loss or damage arising from the Personal information or failure to pass the review process.

The Influencer shall, at any time, use the Pwnk Platform upon the completion of registration and receiving approval to use the Pwnk Platform by the Company.

The Company will not share the Personal Information with third parties (other than the Marketer) except under the following circumstances:

(i)with Affiliates, Business Partners and/or service providers who perform services on the Company’s behalf;

(ii)to promote Influencer and/or the Pwnk platform to any person who is interested in the Pwnk platform;

(iii)as may be required by law; or

(iv)at the sole discretion of the Company, it is necessary to do so to protect the Influencer’s rights or safety or the safety of other persons, or to investigate and/or prevent fraud or a breach of security.

4. CHANGES TO THE TERMS OF USE

The Company may revise or update these Terms of Use from time to time at its sole discretion. All changes are effective immediately when the Company posts them on the Pwnk Platform. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Pwnk Platform.

The Influencer, has continued to use the Pwnk Platform after the revised Terms of Use was posted means that the Influencer accepts and agrees to the changes. The Influencer is expected to check this page each time Influencer accesses the Pwnk Platform so the Influencer is aware of any changes, as they are binding on the Influencer.

5. ACCESSING Pwnk PLATFORM AND ACCOUNT SECURITY

The Company reserves the right to withdraw or amend the Pwnk Platform, and any service or material the Company provides on the Pwnk Platform, at its sole discretion, and without notice. The Company will not be liable if for any reason all or any part of the Pwnk Platform is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts or the entire of the Pwnk Platform, to users, including registered users.

The Influencer is responsible for:

Making all arrangements necessary for the Influencer to have access to the Pwnk Platform.

Ensuring that all persons who access the Pwnk Platform through the Influencer’s internet or any network connection are aware of these Terms of Use and comply with them.

To use certain features of the Pwnk Platform, the Influencer must provide certain registration details or other information as required by the Company. It is a condition of the Influencer’s use of the Pwnk Platform that all information the Influencer provided to the Pwnk Platform is correct, current, and complete and up to date. The Influencer agrees that all information the Influencer provided to register with the Pwnk Platform or otherwise, including but not limited to through the use of any interactive features on the Pwnk Platform, is governed by our Privacy Policy, and the Influencer consents to all actions the Company takes with respect to the Influencer’s information consistent in line with the Privacy Policy.

6. INTELLECTUAL PROPERTY RIGHTS

The Pwnk Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit the Influencer to use the Pwnk Platform for personal use or the services only. The Influencer must not reproduce, distribute, modify, copy, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Pwnk Platform, except as follows:

• The Influencer’s computer may temporarily store copies of such materials in RAM incidental to the Influencer’s accessing and viewing those materials.

• The Influencer may store files that are automatically cached by the Influencer’s Web browser for display enhancement purposes.

• The Influencer may print or download one copy of a reasonable number of pages of the Pwnk Platform for personal use or the services only and not for further reproduction, modification, creation, publication, or distribution.

If the Company provides desktop, mobile or other applications for download, the Influencer may download a single copy to the Influencer’s computer or mobile device solely for the personal use, or the services provided the Influencer agrees to be bound by our end user license agreement for such applications.

The Influencer must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If the Influencer prints, copies, modifies, downloads or otherwise use or provide any other person with access to any part of the Pwnk Platform in breach of the Terms of Use, the Influencer’s right to use the Pwnk Platform will cease immediately and the Influencer must, at the Company’s option, return or destroy any copies of the materials the Influencer has made. No right, title or interest in or to the Pwnk Platform or any content on the Pwnk Platform is transferred to the Influencer, and all rights not expressly granted are reserved by the Company. Any use of the Pwnk Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. TRADEMARKS

The Company name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or Affiliates or licensors. The Influencer must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Pwnk Platform are the trademarks of their respective owners.

8. PROHIBITED USES

The Influencer may use the Pwnk Platform only for lawful purposes and in accordance with these Terms of Use. The Influencer agrees not to use the Pwnk Platform:

In any way that violates any law or regulation.

To send, intentionally receive upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

To distribute, transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company’s employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names, social media account, associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Pwnk Platform, or which may harm the Company or users of the Pwnk Platform or expose them to liability.

Additionally, the Influencer agrees not to:

Use the Pwnk Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Pwnk Platform, including their ability to engage in real-time activities through the Pwnk Platform.

Use any robot, spider or other automatic devices, process, or means to access the Pwnk Platform for any purpose, including monitoring or copying any of the material on the Pwnk Platform.

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Pwnk Platform, the server on which the Pwnk Platform is stored, or any server, computer or database connected to the Pwnk Platform.

Otherwise, attempt to interfere with the proper working of the Pwnk Platform.

Disclose any information received from the Marketer, the Company, Affiliates, and Business Partner through the Pwnk Platform to any third person.

9. INFLUENCER CONTENT

All Influencer Content must comply with the Content Standards set out in these Terms of Use.

Any Influencer Content the Influencer posted to the Pwnk Platform will be considered non-confidential and non-proprietary. By providing any Influencer Content on the Pwnk Platform, the Influencer grants the Company and its respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

The Influencer represents and warrants that:

The Influencer owns or controls all rights in and to the Influencer Content and has the right to grant the license granted above to the Company and respective licensees, successors and assigns.

All of the Influencer Content does and will comply with these Terms of Use and applicable laws.

The Influencer Content is, all times, correct, current and complete, and up to date.

The Influencer shall notify the Company of any changes to the Influencer Content. If the Influencer fails to provide notification to the Company of any change to the Influencer Content in a timely manner, or the Influencer Content is incorrect or untrue, then the Company may suspend and/or terminate the provision of all or part of the Pwnk Platform without advance notice.

The Influencer understands and acknowledges that the Influencer has full responsibility for the Influencer Content, including its legality, reliability, accuracy, and appropriateness.

The Company is not responsible, or liable to any third party, for the content or accuracy of any Influencer Content posted by the Influencer or any other user of the Pwnk Platform.

10. MONITORING

The Company has the right to:

Remove or refuse to post any Influencer Content for any or no reason at the Company’s sole discretion.

Take any action with respect to any Influencer Content that the Company deems necessary or appropriate at the Company’s sole discretion, including if the Company believes that such Influencer Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Pwnk Platform or the public or could create liability to the Company.

Disclose the Influencer’s identity or other information about the Influencer to the Marketer or any third party who claims that material posted by the Influencer infringes their rights, including their intellectual property rights or their rights to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Pwnk Platform.

Block, ban, deactivate, refrain or take any action to temporality/permanently suspend the member account of the Pwnk Platform without advance notice if the Company believes that the Marketer and the Influencer directly engage and/or contact in connection with the Service Package and purpose hereof without using the Pwnk Platform, whereby the Influencer Content or the use of the Pwnk Platform violates all or part of the Terms of Use.

Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity or other information of anyone posting any materials on or through the Pwnk Platform. The influencer waives and holds harmless the Company, Affiliates, and their licensees and service providers from any claims resulting from any action taken by the Company/any of the foregoing parties during or as a result of the investigations and from any actions taken as a consequence of investigations by either the Company/such parties or law enforcement authorities.

However, the Company does not undertake to review material before it is posted on the Pwnk Platform, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11. CONTENT STANDARDS

These Content Standards apply to any and all Influencer Content. The Influencer Content must comply with all laws and regulations. Without limiting the foregoing, Influencer Content must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

Be likely to deceive any person.

Make unauthorized claims about the products or services provided by the Marketer.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent Influencer identity or affiliation with any person or organization.

Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

12. INFLUENCER RESPONSIBILITY

Notwithstanding the foregoing obligation and responsibility, the Company shall not be responsible for correcting or preventing any violation made by the Influencer or others of the Terms of Use, of the Influencer Content towards the Influencer or others.

The Company may take measures that the Influencer considers necessary and appropriate if the Company acknowledges that the Influencer is using the Platform in a way that violates the Terms of Use.

In the case where the Company has suffered loss/damage or has been charged an expense directly or indirectly due to the Influencer violating applicable laws or the Terms of Use while using the Platform, the Influencer shall immediately compensate the Company upon request by the Company.

In case where the Influencer does not fulfill Service Package as agreed with the Marketer, the Influencer shall be directly responsible for all loss/damage of the Marketer, including but not limited to return the product which the Influencer receives from the Marketer under Service Package. If the Influencer does not return the product to the Marketer, the Company may be charged a fine for the value of the product and also deactivate, refrain or take any action to temporality/permanently suspend the Influencer member account of the Platform without advance notice.

13. RELIANCE ON INFORMATION POSTED

The information presented on or through the Platform is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance the Influencer places on such information is strictly at the Influencer’s risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by the Influencer or any other visitor(s) to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by the Marketers, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to the Influencer or any third party, for the content or accuracy of any materials provided by any third parties.

14. PRIVACY POLICY

All information the Company collects on the Pwnk Platform is subject to our Privacy Policy. By using the Pwnk Platform, the Influencer consents to all actions taken by the Company with respect to information of the Influencer in compliance with the Privacy Policy.

Unless it is the Company’s responsibility to comply with the law which specifically designates, the Influencer is entitled to erase the influencer’s information from the Pwnk Platform by accessing the influencer’s account profile, checking “Edit” box and checking “Close User Account” box, respectively. However, it is the responsibility of the Influencer to read the Privacy Policy carefully.

15. LINKS FROM Pwnk PLATFORM

If the Pwnk Platform contains links to other sites and resources provided by third parties, these links are provided for the Influencer’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from the Influencer’s use of them. If the Influencer decides to access any of the third-party websites linked to the Pwnk Platform, the Influencer does so entirely at the Influencer’s risk and shall subject to the terms and conditions of use for such websites.

16. TERMINATION

Terms of Termination

The Company has the right to terminate or suspend the Influencer access to all or part of the Pwnk Platform for any or no reason, including without limitation, any violation of the Terms of Use.

Upon or at any time after termination of the Terms of Use, the Influencer shall immediately pay the Company all amounts owed by the Influencer to the Company (if any). The Company will not have any liability whatsoever to the Influencer for any termination of these Terms of Use, including for termination of the Influencer’s member account or deletion of the Influencer Content.

The Company reserves the right to modify or discontinue any or all of the services with or without notice to the Influencer. The Company will not be liable to the Influencer or any third party for termination of any service.

Effect of Termination

Survival: the following Clauses shall continue to apply 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and21.

18. DISCLAIMER OF WARRANTIES

The Influencer understands that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Pwnk Platform will be free of viruses or other destructive code. The Influencer is responsible for implementing sufficient procedures and security to satisfy particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the influencer’s computer equipment, computer programs, data or other proprietary material, the Personal Information and the Marketer Content due to the Influencer’s use of the Pwnk Platform or any services or items obtained through the Pwnk Platform or due to the Influencer’s downloading of any material posted on it, or on any website linked to it.

The use of the Pwnk Platform, its content, and any services or items obtained through the Pwnk Platform is at the Influencer’s own risk. The Pwnk Platform, its content and any services or items obtained through the Pwnk Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company, Affiliates nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Pwnk Platform. Without limiting the foregoing, neither the Company, Affiliates nor anyone associated with the Company represents or warrants that the Pwnk Platform, its content or any services or items obtained through the Pwnk Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Company‘s site or the server that makes it available are free of viruses or other harmful components or that Pwnk Platform or any services or items obtained through the Pwnk Platform will otherwise meet the needs or expectations of the Influencer.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. In addition, the Company does not guarantee that the Influencer will receive any offer or payments pursuant to the use of the Pwnk Platform or other services of the Company.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

19. LIMITATION ON LIABILITY

In no event will the Company, Affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with the influencer’s use of, or inability to use, the Pwnk Platform, any websites or social network service linked to it, any content on the Pwnk Platform or such other websites or any services or items obtained through the Pwnk Platform or such other websites, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

In no event will the collective liability of the Company, Affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount the Influencer has paid to the Company for the applicable service in the last one month during which such liability arose.

Any cause of action or claim the Influencer may have arising out of or relating to these terms of use or the Pwnk Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

20. INDEMNITY

The Influencer agrees to defend, indemnify and holds harmless the Company, Affiliates, and their licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the Influencer’s violation of these Terms of Use or the Influencer’s use of the Pwnk Platform, including, but not limited to, the Influencer Content, any use of the Pwnk Platform’s content, services and products other than as expressly authorized in these Terms of Use or the Influencer’s use of any information obtained from the Pwnk Platform.

21. WAIVER AND SEVERABILITY

No omission or delay on the Company’s part in exercising any or part of its rights under the Terms of Use shall operate as a waiver thereof.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Pwnk Services may use YouTube’s API (Application Interface Program) By using our Services, you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

23. INFLUENCER COMMENTS AND CONCERNS

This Pwnk Platform is operated by Starscape Holding., LTD.

All feedback, comments, requests for technical support and other communications relating to the Pwnk Platform should be directed to contact@starscape.live