TERMS OF USE

(May 9, 2016)

Introduction

Please review the following carefully. These "Terms of Use" form a binding agreement between you and us, and govern your use of our website located at www.starastar.com , including, without limitation, any content, information, products or services offered therein or that you post or submit thereto. You’re also agreeing herein to our Privacy Policy which can be read on this same page further down.

This website is owned and operated by STARASTAR LLC, a Florida Limited Liability Company and is also referred here as "Starastar", "starastar.com", "service(s)", "site", "website", "we", "our", and "us". The words “you”, “your” and "users" refer to the person accessing or using Starastar. These Terms apply to you whether you are a registered user or a non-registered user of the website.

Starastar is an internet platform that has been created to support All Artistic Talent. All of its users can discover new talents and support them by sharing to their social network or/and by giving donations; users who have some talent, can register and easily showcase it for free to get more visibility as well as some support from their friends, family and other users of the site. Both types of users can interact in a friendly, fun and safe way through our website and services.

Your understanding of our Terms of Use is important to us, and it is unfortunate that the realities of the legal field can sometime be challenging, but if you have any question about theseTerms of Use, please do not hesitate to contact us.

Who Can Use Our Services?

If you are under the age of 13, you may not create an account on the Site.
Starastar will not knowingly collect, maintain, or disclose any personal information from children under the age of 13.

If you are between the age of 13 and 18, you may use our website only with the permission and active involvement of a parent or legal guardian.
If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, Starastar will take reasonable steps to remove that information from our database when you write to us via our Support page.

For being a website, our services may be accessible from around the world but not necessarily all available and legally accessible, depending on your age and on your country or jurisdiction.

Who Must Register?

To browse, discover and support artistic talent on Starastar, you don't need to register. To showcase your talent and get seen and supported on Starastar, you must create an account with us. You do this with the same personal information as your Facebook account; you also need a Facebook account to be able to connect your Starastar account with stripe, our payment system that will allow you to receive your donations' money.

Rules of Good Conduct

You are agreeing to not post, upload, transmit, distribute, store, create or otherwise publish through the site any content that is abusive, defamatory, deceptive, obscene, pornographic, invasive of privacy or publicity rights, fraudulent or unlawful.
You shall not use personal information of another person with the intent to impersonate that person. You will immediately notify Starastar in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You promise not to use the service for any purpose that is prohibited by the Terms of Use or law. The service is provided only for your own personal, non-commercial use. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

  • violates any laws, regulations, ordinances, or directives;
  • you know is false, misleads other users, or impersonates someone else, including any employee or representative of Starastar;
  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • is abusive, deceptive, defamatory, fraudulent, harassing, libelous, tortious, obscene, profane, or invasive of another person’s privacy;
  • abuses other users' personal information that you may receive when they are interacting with you;
  • constitutes unsolicited or unauthorized advertising, or promotion, or spam;
  • engages in any conduct that inhibits anyone's use or enjoyment of our services, or which we determine may harm Starastar or our users;
  • contains software viruses or any other computer codes, files, or programs designed to interfere with the proper function of any hardware, software or equipment on the site, whether it belongs to Starastar or to someone else;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Additionally, you shall not:

  • try to interfere with the proper functioning of the services;
  • bypass any measures Starastar may use to prevent or restrict access to the services;
  • try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Starastar or to another party;
  • take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the site and services;
  • use our services in a way that is likely to result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or any liability to Starastar, to yourself, or to anybody else

Your Content, and Intellectual Property

You retain all rights and ownership in your content. Starastar does not claim any ownership rights in your content.

Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the services. When you upload or submit content to our services, you grant Starastar a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, promoting, and improving our services. We will attribute to you if we incorporate your content into a Starastar feature or into promotional or marketing materials.
You promise that if we use your content, we’re not violating anyone’s rights or copyrights.

By submitting your content to our services, you also give other Starastar users the right to share your content via various social media platforms integrated with Starastar.
If you submit feedback to Starastar, we may use it for any purpose without compensation to you and have no obligation to keep your feedback confidential.

You’re responsible for all your content. All material submitted to the site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated; for example, we cannot be responsible for mistakes or omissions in any of your published content.

You may delete your shows from your personal showcase page; however, you agree that Starastar may retain and use copies of your content for archival or backup purposes or any pending legal investigation.

Furthermore, you agree that we do not endorse and have no control over any user content, in the way that we cannot always guarantee the authenticity of what users may provide. You acknowledge that all content accessed by you through the site is at your own risk and you'll be solely responsible for any damage or loss to any party resulting therefrom.

Starastar respects the intellectual property of others, and expects you to do the same. If you believe, in good faith, that any materials provided on our website infringe upon your copyright or other intellectual property right, you must provide a written communication that sets forth the items specified below. If you are not sure whether your materials you believe being used by someone else on the site are well protected by copyright laws (i.e."Fair Use"), please contact an attorney. Although the first and simplest thing we recommend to do in such an event, is to try resolving your problem by talking directly to the artist using your materials on the site; you may ask to take down your copyrighted materials or even some money for using it; and you can directly contact the artist by clicking the small envelop icon next to his name.

Keep in mind that, if you materially mis-represent someone else is infringing your copyrights, when there is no available proof of copyright infringement, you could be liable for costly damages and attorneys’ fees.

Please send the following information to Starastar Copyright Agent at: STARASTAR LLC, 1406 Lenox Avenue, Miami Beach, Florida 33139-6396 or send us a message via our Support page.

  1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Starastar to locate the material, and explain why you think an infringement has taken place.
  2. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published.
  3. Your address, telephone number, and e-mail address.
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  7. As we are not providing legal advice, for more details on the information required for valid notification, see 17 U.S.C. 512(c)(3)

Counter-Notification to Claimed Copyright Infringement

If you believe access to your content was disabled or removed by Starastar as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information above) a written counter-notice that contains all of the following:

  1. A description of the work removed, along with your user name and the location where that work resided on the website.
  2. Contact information so that we can reach you, such as email address, your physical address and telephone number.
  3. A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
  5. Your physical or electronic signature.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Our Content, and Intellectual Property

This license granted to you covers both Starastar own protected content and user-generated content on the site; it is limited, revocable, non-exclusive, non-sublicensable and non-transferable.

The text, images, and layout of this website are protected under U.S. and international copyright law. Subject to exceptions for fair use, they may not be copied (including downloaded), modified, distributed, or displayed without our prior written consent. You may use it for certain personal purposes, but you can’t use it for anything commercial without getting our written permission first.

You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the website. You also agree not to change, translate, or otherwise create derivative works of our services.

Fees

There are no costs to create a show on Starastar.
With every online transaction various fees are charged by Credit Card companies & payment processors; these fees may vary from one country to another; in the United States, they are 2.9% + 0.03 USD per transaction. Aside these standard processing fees, Starastar is deducting 5% from each donation in order to cover its costs of operation. Donors are given the option to cover some of the fees when paying for their donation.
Artists and Donors are both agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Use.

Exceptional Rights

Exceptionally, to protect the integrity and health of the website, we may make changes to our services without notice or liability; we may decline to offer our services or we may delete any accounts at any time; we have the right to reject, cancel, remove, or suspend any part of, or all the material you have submitted; we may cancel or refund any donation. If we take any of these actions, we will not be liable for any damages caused by them and no reason will have to be given to justify any of them.

Changes to this user agreement

Every time you use the website, you are agreeing to our Terms of Use, that may change from time to time. If such changes are made, we may notify you by any method we determine at our sole discretion; changes we make are effective as of the new date replacing the old one. In any case, you should review our Terms of Use frequently and if you disagree with the changes been made, you should immediately cease use of the website.

Termination

If you desire, you may disable your account at any time; you may do that in your settings, and afterwards, your shows will no longer be visible on our website; however, we may retain some content you provided us and the rights to use that content as described in these Terms, as well as some information required by law or regulation... And you may still be responsible for any contractual obligations that you incurred or authorized before you stopped using our services.

You are agreeing that we have the right, but not the obligation, to determine whether your submitted material is appropriate and complies with these Terms, to remove any and/or all, or even to terminate your account with or without prior notice

Warranties and Damages' Liability

NO WARRANTY: USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SOFTWARE AND SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, THE SERVICE AND ALL OTHER SERVICES IS WITH USER. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY USER, USER AND NOT STARASTAR ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. WITHOUT LIMITING THE FOREGOING, STARASTAR DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE, OPERATION OR AVAILABILITY OF ANY GIVEN SERVER. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

NO DAMAGES' LIABILITY: IN NO EVENT SHALL STARASTAR, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY (INCLUDING ALL AFFILIATES), OR EMPLOYEES, AGENTS, OFFICERS, MANAGERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARASTAR DOES NOT GUARANTEE THE PERFORMANCE OF ANY USER OF THE SERVICE AND IS NOT LIABLE FOR THEIR LACK OF PERFORMANCE.

External links

This website links to a few external websites, which have their own privacy practices; the inclusion of any such link does not imply endorsement by Starastar or any association with its operators. Any such party content is only for information purposes and you agree that Starastar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third party content.

Indemnification

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use or misuse of our website or your violation of these terms and conditions.

Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Florida.

PRIVACY POLICY

Our Privacy Policy was last updated/posted on 19 May 2016. It governs the privacy terms of our Website, located at www.starastar.com. Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Use.

Your Privacy

Starastar follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Information We Collect

Generally, you control the amount and type of information you provide to us when using our website.

As a visitor, you can browse our website to find out more about our website. You are not required to provide us with any personally identifiable information as a visitor.

Computer Information Collected

When you use our website, we automatically collect certain computer information by the interaction of your mobile phone, tablet or web browser with our website. Such information is typically considered non personal information. We also collect the following:

  • Cookies
    Our website uses "cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the content that you see on our website. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our website correctly or at all. We never place personally identifiable information in cookies.

  • Third Party Tracking Tools
    We also use third party tracking tools to improve the performance and features of our website. These third party tracking tools are designed to collect only non-personal information about your use of our website. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is actually captured by such third parties or how such third parties use and protect that information.

  • Automatic Information
    We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the internet, your internet website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our users to help improve our website.

How We Use Your Information

We use the information we receive from you as follows:

  • Customizing Our Website
    We may use the personally identifiable information you provide to us along with any computer information we receive to customize our website.

  • Sharing Information with Affiliates and Other Third Parties
    We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes. We may provide your personally identifiable information to affiliates that provide services to us with regards to our website (i.e. payment processors, website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.

  • Data Aggregation
    We retain the right to collect and use any non personal information collected from your use of our website and aggregate such data for internal analytics that improve our website and service as well as for use or resale to others. At no time is your personally identifiable information included in such data aggregations.

  • Legally Required Releases of Information
    We may be legally required to disclose your personally identifiable information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Terms of Use; (d) necessary to protect us from legal action or claims from third parties including you and/or other members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Starastar, our users, employees, and affiliates.

Protecting Your Child's Privacy

Our website is not designed for use by anyone under the age of 13 ("child"), though we realize we may have a child attempt to make transactions on our website. We do not verify the age of our users nor do we have any liability for verifying a user's age. If you are a child, please seek the permission of a parent or guardian before using our website. If you are a parent or guardian and believe your child is using our website, please contact us to remove your child's account; we reserve the right to ask you for verification of your relationship to the child before we honor such a request. If we discover that a child has created an account on our website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a child, you understand that you are legally liable for any transactions created by the child.

Links to Other Websites

Our website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information.

Our Email Policy

We fully comply with national laws regarding SPAM. You can always opt out of receipt of further email correspondence from us. We agree that we will not sell, rent, or trade your email address to any third-party without your permission.

Privacy Policy Updates

Every time you use the website, you are agreeing to our Privacy Policy, that may change from time to time. If such changes are made, we may notify you by any method we determine at our sole discretion; changes we make are effective as of the new date replacing the old one. In any case, you should review our Privacy Policy frequently and if you disagree with the changes been made, you should immediately cease use of the website.

Questions About our Privacy Practices or This Privacy Policy

If you have any questions about our privacy practices or this Policy, please contact us via our Support page.